Legal Trend: Limiting Texas ability to Regulate Drought. Texas is not California.

Update to Farm Bureau Wins:

The state’s regulatory authority to manage water during times of drought was severly curtailed by the Corpus Christi Appeals Court last week. The Court of Appeals ruled that TCEQ overstepped its regulatory authority by carving out exceptions to its drought plan on the Lower Brazos River. 

Water attorneys look to this ruling as a basis to move toward a market based regulation of water in Texas. KETR

Previously on Information Intelligence:

This week the Court of Appeals in Corpus Christi held that TCEQ overstepped its authority by picking and choosing wins and losers when it honored a superior surface water right holder’s priority call on the water.

When TCEQ honored the priority call it did so and said, but this doesn’t apply to municipal water supplies nor to electric companies. The Farm Bureau sued because Water Code doesn’t allow a sub prioritization like this among junior watger rights holders.  

TCEQ v. Farm Bureau   Agrilife Agricultural Law Blog