LOWER COLORADO RIVER AUTH. v. TEXAS DEPT.

No. C-1620.

689 S.W.2d 873 (1984)

LOWER COLORADO RIVER AUTHORITY et al., Petitioners, v. TEXAS DEPARTMENT OF WATER RESOURCES et al., Respondents.

Supreme Court of Texas.

Opinion on Motion for Rehearing May 22, 1985.


Attorney(s) appearing for the Case

L.C. Meyer, Small, Craig & Werkenthin, Fred B. Werkenthin, Lawrence S. Smith and David L. Guerra, George & George, Thomas W. George, Vinson & Elkins, Roger P. Nevola, Austin, for petitioners.

Jim Mattox, Atty. Gen., Timothy L. Brown and R. Lambeth Townsend, Asst. Attys. Gen., Frank R. Booth and Skip Newsom, Austin, for respondents.


KILGARLIN, Justice.

This appeal of an administrative order affecting water rights poses the question of what constitutes unappropriated water. The Texas Department of Water Resources, through its judicial division, the Texas Water Commission, issued a permit1 to the Colorado River Municipal Water District allowing it to impound water from the Colorado River to form a lake and to use annually 113,000 acre-feet of water from the river. The...

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