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Texas Court Says Agency's Drought Rules Exceeded Authority

Law360, Dallas (April 2, 2015, 7:28 PM EDT) -- In a closely watched water rights case, a Texas appeals court Thursday held the Texas Commission on Environmental Quality exceeded its authority when it exempted cities and power generators from drought restrictions on water allocation.

The Thirteenth Court of Appeals affirmed a district court order that invalidated drought rules enacted by the TCEQ. The court said the TCEQ cannot raise public health and safety concerns to exempt cities and power plants with junior water rights from water curtailment orders issued by the agency when users with...
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