Texas Water Commission v. Brushy Creek Municipal Utility District

This is an administrative appeal of a Texas Water Commission 1 order setting wholesale water rates. The court of appeals held that the Commission lacked authority to establish rates in this case because the party seeking to invoke the Commission’s jurisdiction was a water supplier and was not an appropriator of state water. 887 S.W.2d 68. We reverse the judgment of the court of appeals and remand to that court for further proceedings.

I

The City of Round Rock supplies water to the Brushy Creek Municipal Utility District on a wholesale basis under a twenty-year contract the parties executed in…