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COUNTY OF REEVES v. TEXAS COM'N ON ENVIRON.

No. 03-07-00427-CV.

266 S.W.3d 516 (2008)

COUNTY OF REEVES, Appellant, v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY and Town of Pecos City, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 17, 2008.

Attorney(s) appearing for the Case

Bruce Bigelow, Maura Phelan, Blazier, Christensen, Bigelow & Virr, P.C., Austin, for appellant.

William D. Dugatt, III, Bradley Bruce Young, Bickerstaff, Heath, Delgado, Acosta L.L.P, Jane E. Atwood, Linda B. Secord, Asst. Attorneys General, Austin, Scott W. Johnson, City Atty., Pecos, for appellees.

Before Chief Justice LAW, Justices PEMBERTON and WALDROP.

OPINION

BOB PEMBERTON, Justice.

This is an administrative appeal challenging a district court judgment affirming the Texas Commission on Environmental Quality's (TCEQ's) decision to reject or dismiss, for "failure to prosecute," an appeal under section 13.043(b) of the water code seeking to challenge a rate change by a municipally-owned utility. See Tex. Water Code Ann. § 13.043(b)(3), (c) (West 2008). For reasons we explain below, we...

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