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Constitutionality of Act Upheld
Publication year - 1997
Publication title -
journal ‐ american water works association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.466
H-Index - 74
eISSN - 1551-8833
pISSN - 0003-150X
DOI - 10.1002/j.1551-8833.1997.tb08186.x
Subject(s) - constitutionality , legislation , law , legislature , political science , enforcement , property rights , law and economics , business , supreme court , economics
In 1993 the Texas Legislature enacted legislation to manage the Edwards aquifer and sustain the diverse economic and social interests it supports. The act imposed a permit system and an aquifer‐wide cap on withdrawals by nonexempt wells. Numerous landowners challenged the act's constitutionality, claiming they were being deprived of property rights. The trial court ruled for the landowners and issued an injunction against implementation of the act. The appellate court reversed the trial court decision and dissolved the injunction against enforcement of the act.