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ROLLING PLAINS v. CITY OF ASPERMONT

No. 08-0591.

353 S.W.3d 756 (2011)

ROLLING PLAINS GROUNDWATER CONSERVATION DISTRICT, Petitioner, v. CITY OF ASPERMONT, Texas, Respondent.

Supreme Court of Texas.

October 21, 2011.

Attorney(s) appearing for the Case

R. Lambeth Townsend , Michael Allan Gershon and Joyce Beasley , Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C., Austin, for Rolling Plains Groundwater Conservation District.

Rick D. Davis Jr. , Cotton Bledsoe Tighe & Dawson, P.C., Midland, for City of Aspermont, Texas.

Gregory M. Ellis , Attorney at Law, League City, for Amicus Curiae Harris-Galvestone Subsidence District.

Gregory M. Ellis , Attorney at Law, League City, for Amicus Curiae Lone Star Groundwater Conservation District.

Monique Millsci Norman , Attorney at Law, Thomas R. Phillips , Baker Botts L.L.P., Austin, for Amicus Curiae Texas Alliance of Groundwater Districts.

PER CURIAM.

Rolling Plains Groundwater Conservation District sued the City of Aspermont for water transportation fees and for a declaration that the City must comply with the District's rules. The court of appeals held that governmental immunity barred the District's claim for payment but not its declaratory judgment action. 258 S.W.3d 231, 236. While this appeal was pending, we decided City of El Paso v. Heinrich,

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