City of Marshall and Texas Commission on Environmental Quality (Formerly Texas Natural Resource Conservation Commission) v. City of Uncertain Caddo Lake Area Chamber of Commerce and Tourism Greater Caddo Lake Association Caddo Lake Institute John T. Echols And Barry L. Bennick
The Texas Court of Appeals reviewed a district court's decision regarding a water permit amendment sought by the City of Marshall. Marshall's application to the Texas Commission on Environmental Quality (TCEQ) involved an interbasin water transfer and the authorization for industrial water use. The TCEQ approved the amendment without a contested-case hearing, which the district court reversed. The appellate court affirmed the district court's ruling that an evidentiary hearing was necessary for the industrial use amendment and that the executive director lacked authority to approve it without such a hearing. However, the court reversed the district court's finding that the interbasin transfer also required notice and a hearing, determining it fell under a statutory exemption.