Gambill v. Town of Ponder

GREENHILL, Chief Justice.

This case comes to us by certified question from the court of civil appeals sitting at Fort Worth.

The facts are set out in the certified question:

“The Texas Water Quality Board granted a permit to the Town of Ponder to discharge waste ‘into an unnamed tributary of Denton Creek adjacent to plant site in Denton County, Texas; thence into Grapevine Reservoir in the Trinity River Basin.’

“Plaintiffs, owners of lands through which the waters of such ‘unnamed tributary’ flow at a point below where the permit authorized waste discharge, were parties affected by the order of…