Is the TCEQ "Hearing" Impaired?: The Impact of City of Marshall v. City of Uncertain on the Availability of Contested-Case Hearings for Water Use Permit Amendments
| dc.creator | Howell, Emily | |
| dc.date.accessioned | 2018-06-14T15:50:18Z | |
| dc.date.available | 2018-06-14T15:50:18Z | |
| dc.date.issued | 2007 | |
| dc.description.abstract | This comment examines the Texas Supreme Court’s decision in City of Marshall v. City of Uncertain, and analyzes the potential impact of this case on the relevant stakeholders: the administrative agency, permit applicants, and persona affected by the allocation permit. Post-Marshall, the TCEQ enjoys considerable latitude in its authority to determine when notice needs to be issued and whether to grant or deny hearing requests in contested amendment cases. First, this comment commences with an overview of Texas water law all the way from water rights under Spanish and Mexican authority to recent legislation. It explains the process for obtaining water appropriation permits, and designates the controlling agency. Further, this comment discusses how the TCEQ might be more susceptible to litigation, and why the TCEQ must balance administering water permits with maximum efficiency while ensuring affected persons a forum for concerns related to water appropriations. | en_US |
| dc.identifier.citation | 8 Tex. Tech J. Tex. Admin. L. 299 | en_US |
| dc.identifier.uri | http://hdl.handle.net/2346/74002 | |
| dc.language.iso | eng | en_US |
| dc.publisher | Texas Tech Journal of Texas Administrative Law | en_US |
| dc.subject | Administrative law | en_US |
| dc.subject | Texas Commission on Environmental Quality | en_US |
| dc.subject | TCEQ | en_US |
| dc.subject | City of Marshall v. City of Uncertain | en_US |
| dc.subject | Water law | en_US |
| dc.subject | Water appropriation permits | en_US |
| dc.subject | Water Rights Adjudication Act | en_US |
| dc.title | Is the TCEQ "Hearing" Impaired?: The Impact of City of Marshall v. City of Uncertain on the Availability of Contested-Case Hearings for Water Use Permit Amendments | en_US |
| dc.type | Article | en_US |