City of San Marcos v. Texas Commission on Environmental Quality

OPINION

W. KENNETH LAW, Chief Justice.

We withdraw our opinion and judgment issued on August 29, 2003, and substitute this one in its place, and the Court overrules the motion for rehearing en banc.

Appellee Texas Commission on Environmental Quality 1 (“the Commission”) ac cepted an administrative law judge’s (ALJ) proposal to grant appellant City of San Marcos (“the City”) a permit to convey discharged wastewater effluent in the San Marcos River and to divert water from the river at a point approximately three miles downstream from the discharge point. The Commission imposed certain limiting…