A.G. Opinion. Water Management Plan. Unconstitutional Delegation of Power?

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February 23, 2017

The water way: Upper San Saba River

The Management Plan delegation at issue: Granting a private board the power to regulate all diversions from the Upper San Saba River

What did the Attorney General Opinion Say?

Maybe it goes too far, maybe not. It’s a question of fact for the courts.
There’s a 8 part test from the TX Supreme Court to figure this out.
In that test, that some of the board members may have a pecuniary interest weighs against a constitutional delegation, but there 7 other equally important factors.