CITY OF MARSHALL and Texas Commission on Environmental Quality, Petitioners,
v.
CITY OF UNCERTAIN, Caddo Lake Area Chamber of Commerce and Tourism, Greater Caddo Lake Association, Caddo Lake Institute, John T. Echols and Barry L. Bennick, Respondents.
Supreme Court of Texas.https://leagle.com/images/logo.png
Argued October 21, 2004.
Decided June 9, 2006.
Rehearing Denied December 15, 2006.
Attorney(s) appearing for the Case
R. Lambeth Townsend, Lloyd Gosselink Blevins Rochelle & Townsend, P.C., Martha S. Dickie, Minton Burton Foster & Collins, Martin C. Rochelle, Lloyd Gosselink Blevins Rochelle, George Thomas Bohl, Cynthia Woelk, Brian E. Berwick, Greg Abbott, Barry Ross McBee, Edward D. Burbach, Karen Watson Kornell, Office of Attorney General, Austin, for Petitioners.
Richard W. Lowerre, Lowerre & Kelly, Craig T. Enoch, Winstead Sechrest & Minick, P.C., Austin, Beth Ann Blackwood, Koledey, Thomas & Blackwood, Tom Max Thomas II, Dallas, for Respondents.
R. Glenn Jarvis, Law Offices of Glenn Jarvis, McAllen, Aric Kurtis Short, Molly Cagle, David P. Blanke, Vinson & Elkins L.L.P., Roger P. Nevola, Law Offices of Roger P. Nevola, Austin, Frank R. Booth, Aransas Pass, Jonathan D. Pauerstein, Loeffler Tuggey Pauerstein Rosenthal LLP, San Antonio, P.M. Schenkkan, Graves Dougherty Hearon & Moody, P.C., Timothy L. Brown, Austin, for Amicus Curiae.
Supreme Court of Texas.
Justice O'NEILL delivered the opinion of the Court.
In 1986, the City of Marshall received a certificate of adjudication recognizing a right to divert and use up to 16,000 acre-feet of water from Cypress Creek for municipal use, meaning that the water it supplied had to be potable. In 2001, the City applied to the Texas Commission on Environmental Quality1 to change the purpose of use in its...
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