City of Marshall v. City of Uncertain

In 1986, the City of Marshall received a certificate of adjudication recognizing a right to divert and use up to 16,000 acre-feet of water from Cypress Creek for municipal use, meaning that the water it supplied had to be potable. In 2001, the City *99applied to the Texas Commission on Environmental Quality1 to change the purpose of use in its certificate so that it could supply untreated water for industrial use. The City’s application did not request a change in the amount of water or rate of diversion. The City of Uncertain and others opposed the application, alleging the amendment would have…