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TEXAS WATER COM'N v. BOYT REALTY CO.

No. 3-91-279-CV.

10 S.W.3d 334 (1993)

TEXAS WATER COMMISSION, Trinity Water Reserve, Inc., d/b/a Devers Canal System and Devers Canal Rice Producers Association, Inc., Appellants, v. BOYT REALTY CO., J & E Farms, Inc., Three Dailey Farms, Inc., J.M. Frost, III and Ford J. Frost, Appellees.

Court of Appeals of Texas, Austin.

June 23, 1993.

Attorney(s) appearing for the Case

James K. Rourke, Jr., Austin, for Devers Canal Rice Producers Ass'n, Inc.

Susan E. Potts and Frank M. Reilly, Davidson, Troilo & Booth, Austin, for Trinity Water Reserve, Inc., d/b/a Devers Canal System.

Dan Morales, Atty. Gen., and Steven Baron, Asst. Atty. Gen., Austin, for Texas Water Com'n.

Edward Pickett, Pickett & Pickett, Liberty, for Boyt Realty Co.

Before CARROLL, C.J., and ABOUSSIE and B.A. SMITH, JJ.

ABOUSSIE, Justice.

The Texas Water Commission ("the Commission") set rates for distribution of water for irrigation purposes from the Devers Canal System ("the Canal"), effective for 1990 and thereafter. The Canal is owned by Boyt Realty Company ("Boyt") and leased by Trinity Water Reserve, Inc. ("TWR"). The Commission and Devers Canal Rice Producers Association, Inc. ("the Association") assert on appeal that the lower court erred in ruling that the Commission lacked...

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