Our firm recently scored a victory for its clients, Ward Timber and a number of landowners in Northeast Texas, in the 11th Circuit Texas Court of Appeals. Texas is divided into a number of water planning regions, and the issue in the case was whether the State had a duty to resolve conflicts among or between regional plans. In this instance, there were cities in one region that wanted to build a reservoir in another region where the reservoir was not wanted. Turns out, the State has a duty to resolve this conflict.
For more information, see the court of appeals’ decision [Texas Water Development Bd. v. Ward Timber, Ltd., et al., 411 S.W.3d 554 (Tex. App – Eastland 2013)], and contemporaneous news coverage: [Texas Water Plan Being Questioned by Court,” by Kate Galbraith, Texas Tribune, May 29, 2013].
Texas Water Development Bd. v. Ward Timber, Ltd., et al., 411 S.W.3d 554 (Tex. App – Eastland 2013) .