Texas Appeals Court Says There’s No Immunity In Water Quitclaim Suit

(August 8, 2016, 10:15 AM EDT) -- AUSTIN, Texas — A Texas state appeals court on July 22 said a governmental utility does not have immunity from a water quitclaim action filed against it by another municipal utility (Phil Wilson, et al. v. New Braunfels Utilities, No. 03-16-00077, Texas App. 3rd Dist., Austin; 2016 Tex. App. LEXIS 7808).

(Opinion available. Document #95-160811-007Z.)

In 1978, the Lower Colorado River Authority (LCRA) sold its water rights on the Comal River to New Braunfels Utilities (NBU). The sale was memorialized in a quitclaim agreement.

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