Water And Water Courses

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.

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

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

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

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

Impact fees, municipal water rights fees as

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

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

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"

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Oyster-bed leases, terms and conditions|Control

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

The Guadalupe-Blanco River Authority may impose a fee on lakefront property owners for the unique services landowners receive from the Authority, so long as the fee does not amount to a tax on those property owners.  The Authority may not establish a taxing district, but property owners could form one and use taxes for dam repair.

Water Code subsection 12.013(a) authorizes the Public Utility Commission to fix reasonable rates for the furnishing of raw or treated water for any purpose under Water Code chapter 11 or 12. Water Code section 51.305 pertains to specific expenses a water control and improvement district may allocate to certain users. The two provisions do not conflict. Under the plain terms of subsection 51.305(d), when an authorized party disputes a water control and improvement district’s allocation assessments and other payments necessary to cover the maintenance and operating expenses of its water delivery system, a petition filed with the Texas Commission on Environmental Quality is the sole remedy. Otherwise, the matter is before the Public Utility Commission.

As this office does not resolve factual questions in attorney general opinions, we cannot determine the nature of the underlying dispute and thus cannot answer your question about which entity may have exclusive jurisdiction to hear it.

Water Control and Improvement District’s use of surplus moneys in its interest and sinking fund to reduce indebtedness related to a potential, future bond issuance