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TEXAS WATER DEV. BD. v. WARD TIMBER, LTD.

No. 11-12-00030-CV.

411 S.W.3d 554 (2013)

TEXAS WATER DEVELOPMENT BOARD, Appellant v. WARD TIMBER, LTD.; Ward Timber Holdings; Shirley Shumake; Gary Cheatwood; Richard LeTourneau; and Pat Donelson, Appellees.

Court of Appeals of Texas, Eastland.

May 23, 2013.

Attorney(s) appearing for the Case

George Thomas Bohl , Asst. Atty. Gen., Environmental Protection & Administrative Law Div., Austin, for Appellant.

Marisa Perales , Richard W. Lowerre , Lowerre Frederick Perales Allmon & Rockwell, Austin, for Appellees.

Panel consists of: WRIGHT, C.J., McCALL, J., and WILLSON, J.

OPINION

TERRY McCALL, Justice.

The issue, one of first impression, is whether there is an "interregional conflict" between the 2011 water plans of two regions that are now part of the Texas water plan. The Texas Water Development Board (the Board) is required by State law to adopt a comprehensive state water plan every five years that incorporates approved regional plans. TEX. WATER CODE ANN. § 16.051(a) (West Supp.2012). The Board has divided the State...

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