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BRAGG v. EDWARDS AQUIFER AUTHORITY

No. 00-0436.

71 S.W.3d 729 (2002)

Glenn and JoLynn BRAGG, Petitioners, v. EDWARDS AQUIFER AUTHORITY and Gregory Ellis, General Manager of the Edwards Aquifer Authority, Respondents.

Supreme Court of Texas.

Decided February 14, 2002.

Rehearing Overruled May 9, 2002.

Attorney(s) appearing for the Case

Paul Matthews Terrill, Vincent L. Hazen, Hazen & Terrill. P.C., E. Lee Parsley, Locke Liddell & Sapp LLP, Austin, Allan E. Parker, San Antonio, William Powers, Jr., Austin, for Petitioner.

Darcy Alan Frownfelter, Andrew S. Miller, Hunter Wyatt Burkhalter, Kemp Smith, P.C., Austin, Mike A. Hatchell, Hatchell P.C., Tyler, for Respondent.

Justice HANKINSON delivered the opinion of the Court.

In Barshop v. Medina County Underground Water Conservation District, 925 S.W.2d 618 (Tex.1996), we upheld the Edwards Aquifer Act1 over a number of constitutional challenges. We now consider whether certain actions of the entity created to carry out the Legislature's conservation mandate as expressed in the Edwards Aquifer Act violate provisions...

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