Bexar-Medina-Atascosa Counties Water Improvement District No. 1 v. Wallace

OPINION

ESQUIVEL, Justice.

This is an appeal from a judgment denying a permanent injunction.

Appellant, Bexar-Medina-Atascosa Counties Water Improvement District No. 1 (hereafter referred to as BMA), brought suit against appellees, the Wallaces, to prevent the Wallaces from constructing a septic tank on land below the “high water mark”1 around Medina Lake, a lake operated by BMA under authority of the Texas Legislature.2 BMA argued that it had (1) authority delegated to it by the Legislature under the Texas Water Code3 to prevent pollution of water under its ownership or control and (2) actual…