(DOWNLOAD) "Chocolate Bayou Water Company And Sand Supply V. Texas Natural Resource Conservation Commission" by Third District, at Austin Texas Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Chocolate Bayou Water Company And Sand Supply V. Texas Natural Resource Conservation Commission
- Author : Third District, at Austin Texas Court of Appeals
- Release Date : January 18, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
Appellants, Chocolate Bayou Water Company and Sand Supply appeal a district-court grant of a plea to the jurisdiction, and in the alternative, summary judgment, dismissing their suit against appellees, the Texas Natural Resource Conservation Commission,*fn1 the City of Houston, the Brazos River Authority, and the Texas Water Development Board ("TWDB") (collectively "TCEQ"). Appellants' central complaint is that TCEQ issued a defective notice concerning the amendment application to the reissued Allens Creek water permit that prevented appellants from timely requesting a contested-case hearing on the amendment application. Appellants contend that the notice of the application was defective because general language in the notice differed from the amended permit the Commission actually granted. Appellants have also alleged: (1) Senate Bill 1593, which authorized the Allens Creek permit and its amendment, is unconstitutional as a "special" or "local" law; (2) Senate Bill 1593 violated appellants' due process rights by authorizing TCEQ to issue TWDB this permit without notice or hearing; and (3) the amended permit infringes appellants' senior water rights in violation of the Texas Water Code. TCEQ filed a plea to the jurisdiction. In addition, both appellants and TCEQ filed motions for summary judgment. The district court granted TCEQ's plea to the jurisdiction and in the alternative, also granted TCEQ's summary judgment. We will affirm.