Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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Boundaries of another district, a conservation and reclamation district may generally conduct works within, except under certain circumstancesGA-0961
Cedar Bayou Navigation Districtís authority to regulate structures on and near Cedar Bayou and within the Districtís boundaries that may affect water transportation activities, that are incident to or accommodating of commerce or navigation, or that are incident to or necessary in the proper operation and development of ports and waterwaysGA-0672
Device having the appearance of a fire hydrant, water companyís authority to paint it blackGA-0710
Drainage utility fee established by municipality for drainage of real propertyLO97-095
Edwards Aquifer Authority's power to reduce withdrawal amounts listed in permits issued to irrigation users and to persons who have operated wells for three or more years during the statutory historical period GA-0498
Edwards Aquifer Authority, rule-making powers, authority to promulgate a rule prohibiting the granting of permits and contracts to recharge facilities built before September 1, 1993; authority to specify an action that constitutes an "unreasonable denial"GA-0708
Fee for drilling and equipping of water wells, county may not assess absent specific constitutional or statutory authorityLO98-118
Fee, underground water conservation district may not impose in connection with permitting or registering wellsDM-0022
Fish in public waters, division of authority between water district and Parks and Wildlife Department to regulate taking, guides, and tournamentsLO98-064
Groundwater conservation district, application of exemption for "public water supply wells" to well drilled and capped but not put into production until after statutory deadlineGA-0072
House Bill 3109, an act of the 82nd Legislature, prevails over House Bill 2702, and thus amends section 36.121, Water CodeGA-0904
Impact fees, municipal water rights fees asGA-0482
Impact fees, municipalityís authority to grant a credit for a water line project on sewer impact fees GA-0788
Nonprofit water supply corporation, notice to members of meeting to amend bylawsLO96-042
Oyster-bed leases, terms and conditionsJC-0237
Pipeline, excavator must notify notification center of plan to excavate only onceJC-0234
Private subdivisions, waterways created in connection with which have public waters of Gulf of Mexico as only source of water are subject to state laws regulating fishing and boatingDM-0169
Proposed management plan (the "Plan") for the Upper San Saba River involving a potential delegation of legislative authority, the constitutionality of, and whether such a Plan would result in a regulatory taking, involves fact determinations that cannot be resolved in an attorney general opinion.KP-133
Public water, tidal waters which flow over privately owned submerged land are public waters and may be used by the public for fishing, navigation, and recreational useGA-0181
Purchase of groundwater, whether a contract for, that does not entitle the Red River Authority to drill for and produce groundwater nevertheless conveys a "groundwater right" such that it must be approved by the commissioners court in a county without a groundwater conservation district is a question that can only be answered by reference to the particular contract at issueGA-1049
Regional water planning group members are entitled to common-law defense of official immunity for discretionary acts taken in good faith within the scope of their authorityLO98-080
River authority not authorized to compel septic tank users to connect to sewage disposal systemJC-0162
Rule requiring water well to be located minimum distance from property line within scope of rule-making authority of Department of Licensing and RegulationJC-0090
Sandy Land Underground Water Conservation District has broad statutory authority to transfer certain assets to individuals or other entitiesGA-0843
Subject to constitutional restrictions, real property is generally located in districts created by special law rather than in districts to which the real property was previously annexedGA-0792
Submerged land within municipal limits, privately owned land may be subject to municipal regulationLO98-114
Submerged real property bordering Gulf of Mexico is presumed to belong to StateLO90-089
Wading on submerged private property while fishing in public waters, whether it constitutes trespass does not appear to be settled under Texas lawLO98-117
Water quality protection zones, whether statute creating impermissibly delegates legislative authority to private landownersJC-0402
Water supply corporationís authority under Water Code subsection 13.2502(a) to provide, at its discretion, water service to an applicant who meets the conditions of that subsectionGA-0781
Water-supply corporation, for-profit domestic corporation may convert toJC-0015
Wetlands mitigation program, Harris County Flood Control District not "political subdivision" for purpose of institutingLO93-002
Zoning and other police powers, municipality may exercise over privately owned canal bed located within municipal limits so long as regulations do not interfere with public's right to use waterLO98-114