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TEXAS COM'N ON ENVIRO. QUALITY v. SAN MARCOS RIVER

No. 13-06-00326-CV.

267 S.W.3d 356 (2008)

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Guadalupe-Blanco River Authority, San Antonio River Authority, and San Antonio Water System, Appellants/cross-appellees, v. SAN MARCOS RIVER FOUNDATION, Appellee/cross-appellant.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled October 30, 2008.

Attorney(s) appearing for the Case

Brian Berwick, Cynthia Woelk, Asst. Atty's Office, David P. Blanke, Vinson & Elkins, L.L.P., Edmond R. McCarthy, Jr., Jackson, Sjoberg & McCarthy & Wilson, L.L.P., Jim Mathews, Mathews and Freeland, P.C., Austin, for appellants.

Phillip G. Poplin, Henry & Poplin, Marisa Perales, Lowerre & Frederick, Austin, for appellee.

Mary E. Kelly, Environmental Defense, Myron J. Hess, National Wildlife Federation, Richard Lowerre, President, Caddo Lake Institute, Austin, James B. Blackburn Jr., Mary W. Carter, Blackburn Carter, P.C., Houston, for amicus curiae.

Before Chief Justice VALDEZ and Justices RODRIGUEZ and BENAVIDES.

OPINION

Opinion by Chief Justice VALDEZ.

Appellants/cross-appellees, the Texas Commission on Environmental Quality (the "Commission"), San Antonio Water System, Guadalupe-Blanco River Authority, and San Antonio River Authority, appeal from a judgment wherein the trial court reversed the Commission's denial of a water permit application that was filed by the San Marcos River Foundation (the "Foundation"), appellee/cross-appellant, and remanded the application...

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