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TEXAS WATER RIGHTS COMM. v. CITY OF DALLAS

No. 12982.

591 S.W.2d 609 (1979)

TEXAS WATER RIGHTS COMMISSION et al., Appellants, v. CITY OF DALLAS, Texas, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied January 2, 1980.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., Sam Graham, Asst. Atty. Gen., Austin, for Texas Water Rights Commission.

Frank R. Booth, Booth, Lloyd & Simmons, Austin, for City of Farmers Branch.

Lee E. Holt, City Atty., Carroll R. Graham, Asst. City Atty., Dallas, and James W. Wilson, Stubbeman, McRae, Sealy, Laughlin & Browder, Austin, for appellee.

O'QUINN, Justice.

The controlling issue in this lawsuit is whether the Texas Water Rights Commission has jurisdiction to determine rates charged for water supplied, absent any contract, by a municipality, in this case the City of Dallas, when engaged in selling water beyond its corporate limits to another municipality.

Beginning sometime after 1950, the City of Dallas entered into contracts with certain municipalities, suburbs of Dallas, under which Dallas...

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