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  5. 917 S.W.2d 19 (1996)
 

TEXAS WATER COM'N v. BRUSHY CREEK MUN.

No. 95-0021.

917 S.W.2d 19 (1996)

TEXAS WATER COMMISSION et al., Petitioners, v. BRUSHY CREEK MUNICIPAL UTILITY DISTRICT, Respondent.

Supreme Court of Texas.

Decided February 9, 1996.

Attorney(s) appearing for the Case

Ronald J. Freeman, Robert J. Hearon, Jr., Robin A. Melvin, Susan Bergen Schultz, Dan Morales, Austin, for Petitioners.

Stephan L. Sheets, Mark Dietz, Round Rock, Barbara Day, Austin, J. Lee Jarrard, Jr., Round Rock, for Respondent.

SPECTOR, Justice delivered the opinion of the Court, in which all Justices join.

This is an administrative appeal of a Texas Water Commission1 order setting wholesale water rates. The court of appeals held that the Commission lacked authority to establish rates in this case because the party seeking to invoke the Commission's jurisdiction was a water supplier and was not an appropriator of state water. 887 S.W.2d 68

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