Attorneys Josh Katz and Doug Caroom Author Merits Brief on Behalf of Texas Farm Bureau

Attorneys Josh Katz and Doug Caroom submitted a merits brief to the Texas Supreme Court on behalf of the respondents Texas Farm Bureau and several individual water right holders in TCEQ v. Texas Farm Bureau, et al.

The TCEQ has petitioned the Supreme Court for review of a ruling from the 13th Court of Appeals that invalidated TCEQ’s recently adopted Drought Rules (30 Texas Administrative Code Chapter 36) because they violate the prior appropriation doctrine by allowing certain junior water rights to be exempted from a priority call while suspending agricultural water rights.  The prior appropriation doctrine, which says that with regard to water rights, “first in time is first in right,” is the bedrock principle of surface water rights administration in Texas.

To read the full  brief, follow the link below:

http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=35e6d9ad-a372-4b41-b246-3da88dad09cd&coa=cossup&DT=BRIEFS&MediaID=eb13d180-ed07-4078-86f7-f2dd5ef5f14f