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Environmental Blog

  • 23
  • February
  • 2016

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Decision Invalidating TCEQ’s Drought Curtailment Rules is Final

On February 19, 2016, the Texas Supreme Court declined to hear a challenge to a lower court ruling in Texas Commission on Environmental Quality v. Texas Farm Bureau et al., which held that Texas cannot treat cities and power generators preferentially compared to parties with more senior water rights, even if the state declares it necessary to protect the public health, safety, and welfare.

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  • 24
  • September
  • 2015

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Long-Awaited Resolution of the Conflict over the Marvin Nichols Reservoir (Possibly)

On September 9, 2015, the Texas Water Development Board (“TWDB” or the “Board”) voted unanimously that an “interregional conflict” existed between the Region C Regional Water Planning Area (“Region C”) and Region D Regional Water Planning Area (“Region D”) initially proposed regional water plans (“IPPs”) for 2016, triggering third-party mediation, which the Board ordered to begin on or before October 5, 2015. 

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  • 23
  • September
  • 2015

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Accommodating Another Wrinkle in Texas Water Law? – Coyote Lake Ranch LLC v. Lubbock

On October 14, 2015, the Texas Supreme Court is set to hear a water rights case that could shake up water law in Texas. The Texas high court has agreed to hear Coyote Lake Ranch LLC v. Lubbock, a case in which the plaintiff‑ranch argues that the accommodation doctrine should apply to restrict the City of Lubbock from drilling 80 water wells on the property because it would unreasonably disrupt its existing ranching activities.

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  • 05
  • August
  • 2015

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Colorado's Interbasin Compact Committee Releases "Seven Points" for Negotiating New Transmountain Diversions: A New Paradigm or Potential Impediment to Mega Projects?

A long-standing controversy in Colorado involves the diversion of water supplies from the Colorado River System for use by cities and farms on the Front Range. The second draft of Colorado’s Water Plan, released last month, includes a revised “conceptual framework” for future negotiations over development of new transmountain diversions (TMDs).

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  • 04
  • August
  • 2015

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SWIFT Funds Start Flowing

Last week, the Texas Water Development Board awarded $3.9 billion for water infrastructure projects as part of the inaugural round of loans from the State Water Implementation Fund (SWIFT). Twenty-one state entities will receive financial assistance for thirty-two projects identified as recommended water strategies the 2012 State Water Plan. 

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