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GUITAR HOLDING v. HUDSPETH CTY UNDG. WATER

No. 08-05-00115-CV.

209 S.W.3d 172 (2006)

GUITAR HOLDING COMPANY, L.P., Appellant/Cross-Appellee, v. HUDSPETH COUNTY UNDERGROUND WATER CONSERVATION DISTRICT NO. 1, by and through its Board of Directors, et al., Appellees/Cross-Appellants.

Court of Appeals of Texas, El Paso.

August 31, 2006.

Attorney(s) appearing for the Case

Joseph L. Hood, Jr., Scott, Hulse, Marshall, Feuille, Finger & Thurmond, El Paso, for Guitar Holding Co., L.P.

Max Renea Hicks, Austin, Jeffrey B. Thompson, Granbury, for Hudspeth County.

Before BARAJAS, C.J., McCLURE, and CHEW, JJ.

OPINION

DAVID WELLINGTON CHEW, Justice.

This appeal arises from the implementation of groundwater regulations by Appellee Hudspeth County Underground Water Conservation District No. 1 ("the District") under its purported statutory authority under Chapter 36 of the Texas Water Code. On appeal, Appellant Guitar Holding Company, L.P. ("Guitar L.P.") contends the District exceeded its statutory authority under Chapter 36 when it adopted new rules for...

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