TX Attorney General Opinion. Ground Water District Authority.Amending Permits.

The Question answered by the Attorney General’s Office: Whether a groundwater conservation district  (GWD) may amend a historic or existing use permit in specific circumstances

What’s the answer, can these permits be amended? 

  • It is a question of fact that can be reviewed by the courts
  • Chapter 36 of the Water Code most likely requires fairness in that GWD actions cannot “give an advantage to a historic or existing permit holder who seeks new use approval that is not available to other new use permit applicants”

What’s the rational?

  • Cannot just look to the Court in Guitar
  • GWDs also have to look to Edwards Aquifer case
  • Together these cases mean: “ a change in the purpose ofthe proposed use ofwater to be produced under a historic or existing use permit is a new use, even if the new use would occur within the district.”

Any other big points in this opinion? Yes…

  • “district has sufficient discretion to accept an owner’s surrender of a portion ofthe right to produce under a historic or existing use permit”
  • “A district must apply its new-use requirements uniformly to all requests for new uses, whether the request appears in an application to amend a historic or existing use or in an application for a new use permit.”

KP-0216 (2018)

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