Title: Well Fee Is Upheld By Texas Court
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00000985/00001
 Material Information
Title: Well Fee Is Upheld By Texas Court
Physical Description: Book
Language: English
Publisher: U.S. Water News
Spatial Coverage: North America -- United States of America -- Florida
Abstract: U.S. Water News Article October, 1988
General Note: Box 7, Folder 4 ( Vail Conference 1989 - 1989 ), Item 84
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00000985
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

Page 12/October, 1988


Well fee is

upheld by

Texas court
AUSTIN, ITxas The constitu-
tionality of a well pumpage fee
charged by a year-old water conser-
vation district has been upheld in a
state district court. The fee of 15
cents per thousand gallons, levied by
the Barton Springs Edwards Aquifer
Water Conservation District, was
challenged by a lawsuit filed by a
group of major water users.
Citing the state law that created
the district and provided for its fund-
ing by the well fee, Judge Harold
Towslee of Bastrop, Texas, dismissed
the suit. The lawsuit was filed in
April by the Edwards Aquifer Users
Association, a group of rural and
suburban water companies, the
Texas Lehigh Cement Co., and indi-
viduals who are opposed to the fee.
The group is expected to lobby
during the next legislative session
for a change in the method of fund-
ing the district to allow a property
tax instead of the well fee.
The district, which covers a 155-
square-mile area in south Travis and
north Hays counties near Austin,
was created by the state legislature
and approved by voters last year. As
a result of the controversy over the
well fee, however, the district has
taken off with a rocky start. The
court ruling, however, has given the
district a psychological victory.
"It (the ruling) demonstrates that
the rules we operate under are ap-
propriate," said '1m Stinson, chair-
mnii of the district's board of
directors. "They may not be perfect,
but at least they're legal."

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