CITY OF SAN ANTONIO v. BOARD OF WATER ENGINEERS OF STATE

No. 10738.

334 S.W.2d 325 (1960)

CITY OF SAN ANTONIO et al., Appellants, v. BOARD OF WATER ENGINEERS OF the State of TEXAS et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 20, 1960.

Second Motion for Rehearing Denied May 11, 1960.


Attorney(s) appearing for the Case

Carlos Cadena, City Atty., San Antonio, Boyle, Wheeler, Gresham, Davis & Gregory, A. W. Worthy, Robert Sawtelle, San Antonio, for appellant.

Will Wilson, Atty. Gen., Houghton Brownlee, Jr., James D. McKeithan, Asst. Attys. Gen., for Bd. of Water Engineers.

E. M. Cape, San Marcos, Vinson, Elkins, Weems & Searls, Victor W. Bouldin, Houston, for Guadalupe-Blanco River Authority.

William S. Fly, W. B. Mallette, Victoria, for city of Victoria.

O. E. Threlkeld, Seguin, for city of Seguin.

Frank B. Sheppard, Cuero, for city of Cuero.

R. L. Miller, Gonzales, for city of Gonzales.

C. E. Riedel, New Braunfels, for city of New Braunfels.

Roy Barton, Port Lavaca, for West Side Calhoun County Nav. Dist.

Howard G. Hartzog, County Judge, L. J. Fields, County Atty., Port Lavaca, for Calhoun County.

R. A. Weinert, Seguin, for Texas Power Corp. and Texas Hydro-Electric Corp.

Baker, Botts, Andrews & Shepherd, John S. Sellingsloh and James L. Shepherd, Jr., Houston, for Union Carbide Corp. and E. I. du Pont de Nemours and Co.


GRAY, Justice.

The City of San Antonio and its Water Works Board of Trustees (all later referred to as the City) appealed from an order of The Board of Water Engineers of the State of Texas (later referred to as the Board) denying the City's application for a permit to appropriate 100,000 acre-feet of water per annum of the unappropriated water to be stored in The Canyon Dam Reservoir. The proposed use of the water was...

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