Skip to main content

Water And Water Courses

Summaries

KP-0133
Ken Paxton

Delegation of legislative authority to private entity-a court would first confirm the delegation, examining whether it results in a private entity setting public policy, providing the details of the law, promulgating rules and regulations to apply the law, or ascertaining conditions upon which existing laws may operate. If so, court would apply eight-factor test from Texas Boll Weevil Eradication Foundation, Inc. v. Lewellen to determine whether the factors as a whole weigh in favor of or against constitutionality.|Delegation of legislative authority to public entity - court examines whether the Legislature established reasonable standards to guide the public entity in exercising such powers.|Regulatory takings challenge, a court considering challenge would use federal framework examining: (1) regulation's economic impact on claimant; (2) the nature of the governmental action; and (3) regulation's degree of interference with property owner's economic expectations."|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-0216
Ken Paxton

Historic or existing use permits - scope of authority of groundwater conservation districts concerning such permits in specific circumstances

KP-0217
Ken Paxton

Temporary directors - authority to cancel confirmation and candidate election|Temporary directors - scope of authority in absence of confirmation and candidate election|Appointing official's authority to withdraw appointment of temporary director

GA-0072
Greg Abbott

Groundwater conservation district, application of exemption for "public water supply wells" to well drilled and capped but not put into production until after statutory deadline|"Public water supply well" exemption, application of exemption to well drilled and capped but not put into production until after statutory deadline

GA-0181
Greg Abbott

Fishing crab traps in public waters privately owned submerged lands; licensed crab fishermen need not obtain permission from owner of submerged land|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 use

GA-0482
Greg Abbott

Impact fees, municipal water rights fees as

GA-0498
Greg Abbott

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|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\r\n

GA-0672
Greg Abbott

Regulate structures on and near Cedar Bayou and within the District’s 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 waterways, Cedar Bayou Navigation District’s authority to|Cedar Bayou Navigation District’s authority to regulate structures on and near Cedar Bayou and within the District’s 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 waterways|Accommodating|Incident to

GA-0708
Greg Abbott

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-0710
Greg Abbott

Device having the appearance of a fire hydrant, water company’s authority to paint it black

GA-0781
Greg Abbott

Water supply corporation’s authority under Water Code subsection 13.2502(a) to provide, at its discretion, water service to an applicant who meets the conditions of that subsection

GA-0788
Greg Abbott

Impact fees, municipality’s authority to grant a credit for a water line project on sewer impact fees|Impact fees, authority to grant a credit for a water line project on sewer impact fees|Impact fees, municipality’s authority to grant a credit for a water line project on sewer impact fees \r\n

GA-0792
Greg Abbott

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 annexed

GA-0843
Greg Abbott

Sandy Land Underground Water Conservation District may transfer certain assets to individuals or other entities only in accordance with three-pronged constitutional test designed to ensure that such transfer accomplishes a public purpose|Sandy Land Underground Water Conservation District has broad statutory authority to transfer certain assets to individuals or other entities

GA-0904
Greg Abbott

Two enactments of the 82nd Legislature, House Bills 3109 and 2702, may be harmonized in such a manner that House Bill 3109 prevails and thus amends section 36.121, Water Code|House Bill 3109, an act of the 82nd Legislature, specifically declares that it prevails over any conflicting act of the same legislature, and thus prevails over House Bill 2702|House Bill 3109, an act of the 82nd Legislature, prevails over House Bill 2702, and thus amends section 36.121, Water Code

GA-0961
Greg Abbott

Boundaries of another district, a conservation and reclamation district may generally conduct works within, except under certain circumstances

GA-1049
Greg Abbott

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 issue

DM-0022
Dan Morales

Fee, underground water conservation district may not impose in connection with permitting or registering wells | Fee, district may not impose in connection with permitting or registering wells | Underground water conservation district may not impose fee in connection with permitting or registering wells

DM-0169
Dan Morales

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 boating

JC-0015
John Cornyn

Conversion, for-profit domestic corporation may convert to a nonprofit corporation|Conversion, for-profit domestic corporation may convert to a nonprofit corporation incorporated under articles 1396-1.01 through 1396 -11.01, Revised Civil Statutes, or to a water-supply corporation|Water-supply corporation, for-profit domestic corporation may convert to

JC-0090
John Cornyn

Rule requiring water well to be located minimum distance from property line within scope of rule-making authority of Department of Licensing and Regulation|Rule requiring water well to be located minimum distance from property line within scope of Department's rule-making authority

JC-0162
John Cornyn

River authority not authorized to compel septic tank users to connect to sewage disposal system|Sewage disposal system, county authority to own and operate does not include authority to compel septic tank users to connect to|Upper Guadalupe River Authority not authorized to compel septic tank users to connect to sewage disposal system|Sewage disposal system, city may compel property owners within its jurisdiction to connect to system operated by river authority

JC-0234
John Cornyn

Excavate underground storage facility, excavator must notify notification center only once of plan to|Excavate cable, excavator must notify notification center only once of plan to excavate|Pipeline, excavator must notify notification center of plan to excavate only once|Underground Storage Facility Notification Center, excavator must notify of planned excavation only once even if date for commencing excavation is delayed beyond fourteen days of original notice

JC-0237
John Cornyn

Oyster-bed leases, terms and conditions|Control

JC-0402
John Cornyn

Delegation, whether statute creating water quality protection zones impermissibly delegates legislative authority to private landowners|Water quality protection zones, whether statute creating impermissibly delegates legislative authority to private landowners