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TEXAS COM'N ON ENV. QUALITY v. GALVESTON BAY CONSV. AND PRESERVATION ASS'N.

No. 13-07-00443-CV.

267 S.W.3d 361 (2008)

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Appellant, v. GALVESTON BAY CONSERVATION AND PRESERVATION ASSOCIATION, Galveston Bay Foundation, and Matagorda Bay Foundation, Appellees.

Court of Appeals of Texas, Corpus Christi-Edinburg.

July 31, 2008.

Attorney(s) appearing for the Case

Brian E. Berwick, Cynthia Woelk, Asst. Attorneys General, Austin, for appellant.

Marisa Perales, Lowerre & Frederick, Austin, Mary W. Carter, James B. Blackburn Jr., Blackburn Carter, P.C., Houston, for appellees.

Before Chief Justice VALDEZ and Justices RODRIGUEZ and BENAVIDES.

OPINION

Opinion by Chief Justice VALDEZ.

Appellees, Galveston Bay Conservation and Preservation Association, Galveston Bay Foundation, (hereinafter collectively referred to as "Galveston Bay") and Matagorda Bay Foundation, filed permit applications for the appropriation of water for purely environmental purposes with appellant, the Texas Commission on Environmental Quality (hereinafter the "Commission"). The Commission ordered the applications denied for...

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