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Brushy Creek Municipal Utility District v. Texas Water Commission

887 S.W.2d 68 (Tex. App. 1994)
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Brushy Creek Municipal Utility District v. Texas Water Commission

2 Citing cases

  1. Texas Water Commission v. Brushy Creek Municipal Utility District

    917 S.W.2d 19 (Tex. 1996)   Cited 62 times
    Holding legislature's later interpretation of existing law highly persuasive

    The court of appeals held that the Commission lacked authority to establish rates in this case because the party seeking to invoke the Commission's jurisdiction was a water supplier and was not an appropriator of state water. 887 S.W.2d 68. We reverse the judgment of the court of appeals and remand to that court for further proceedings.

  2. El Paso Electric Co. v. Public Utility Commission

    917 S.W.2d 846 (Tex. App. 1995)   Cited 12 times
    Stating that unequal treatment is not unlawfully discriminatory if there is "a substantial and reasonable basis" for the distinction

    While we sympathize with the City's desire and arguable obligation to conscientiously participate in other proceedings that may affect rates, we are unable to contravene the mandate of unambiguous statutory language or fill alleged gaps in legislation. See City of El Paso, 609 S.W.2d at 579; Brushy Creek Mun. Util. Dist. v. Texas Water Comm'n, 887 S.W.2d 68, 70-71 (Tex.App. — Austin 1994, writ granted). The City's fourth point of error is overruled.