EXAMINATION AND DENIAL OF APPLICATION WITHOUT HEARING
Applied in 2 court decisions — leading case Texas Commission on Environmental Quality v. San Marcos River Foundation (2008)
Most recently applied in Texas Commission on Environmental Quality v. San Marcos River Foundation (October 2008)
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff
(a) The commission shall make a preliminary examination of the application, and if it appears that there is no unappropriated water in the source of supply or that the proposed appropriation should not be allowed for other reasons, the commission may deny the application.
(b) If the commission denies the application under this section and the applicant elects not to proceed further, the commission may order any part of the fee submitted with the application returned to the applicant.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.