NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3, Appellant,
v.
TEXAS WATER RIGHTS COMMISSION et al., Appellees.
Court of Civil Appeals of Texas, Austin.https://leagle.com/images/logo.png
May 17, 1972.
Rehearing Denied June 21, 1972.
Attorney(s) appearing for the Case
Roger C. Butler, Robstown; Vinson, Elkins, Searls & Smith, Victor W. Bouldin, Clifford W. Youngblood, Houston, for appellant.
James R. Riggs, City Atty., Corpus Christi, I. M. Singer, Wood, Burney, Nesbitt & Ryan, Allen Wood, Corpus Christi, Baker & Botts, Edward S. Howell, Houston, Timothy L. Brown, Austin, for Texas Water Rights Commission.
Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., Roger Tyler and Vince Taylor, Asst. Attys. Gen., Austin, for other appellees.
Court of Civil Appeals of Texas, Austin.
SHANNON, Justice.
This appeal involves the construction of Art. 7519a(2) and Art. 7477, Section 8(b) and (c).1 The principal question concerns the power of The Texas Water Rights Commission,2 under these statutes, to do other than to cancel a certified filing for nonuse or non-beneficial use. The District Court of Travis County construed the statutes as authorizing the Commission "to exercise its sound discretion...
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