Rolling Plains Groundwater Conservation District v. City of Aspermont

Rolling Plains Groundwater Conservation District sued the City of Aspermont for water transportation fees and for a declaration that the City must comply with the District’s rules. The court of appeals held that governmental immunity barred the District’s claim for payment but not its declaratory judgment action. 258 S.W.3d 231, 236. While this appeal was pending, we decided City of El Paso v. Heinrich, 284 S.W.3d 366, 368-69 (Tex.2009), which is consistent with the court of appeals’ ultimate holding with respect to the District’s claim for past due fees, penalties, and costs. Consequently,…