Texas Water Rights Commission v. Wright

POPE, Justice.

This case presents the question of the constitutionality of Article 7519a, 1 which authorizes the cancellation of water permits upon proof of ten continuous years of non-use. The Texas Water Rights Commission, after a hearing, cancelled two water permits owned by L. A. Wright, Myrlee Wright McNary, and George T. McNary, hereafter called permittees. On appeal, the District Court of Travis County, rendered judgment that the order can-celling the permits was supported by substantial evidence. The court of civil appeals reversed that judgment, holding that Article 7519a, is a…