City wins water rights lawsuit

A bit of pre-holiday good news.

A Travis County state district judge on Friday tossed a state law that would force the city of Houston to sell its water rights in a proposed reservoir west of Simonton.

The law, which breezed through the Legislature last session and was signed into law by Gov. Greg Abbott, requires the city to sell its rights in the proposed Allens Creek Reservoir by the end of the year for up to $23 million.

The city sued the state and the Brazos River Authority in July, claiming the law was unconstitutional in part because it violates prohibitions on retroactive laws and on forced sales of municipal property that have a public use.

In a ruling issued Friday evening, state district Judge Karin Crump of the 250th District Court agreed with the city’s interpretation, finding the law violates several provisions of the Texas Constitution and Local Government Code.

Crump ruled that the law constitutes a forced sale and “changes the legal consequences of acts completed before the bill’s effective date without sufficient findings to justify passage” of the bill.

See here for the background, and see here for a statement from Mayor Turner on the ruling. I don’t see any other coverage, so I have no idea if there will be an appeal, but I agreed with the lawsuit and I’m glad to see this outcome. Let’s hope it sticks.

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