Water War Between Lower Colorado River and San Antonio Water System Could Be Lengthy

Austin, TX (Law Firm Newswire) January 14, 2011 – A water-sharing contract between the Lower Colorado River Authority and the San Antonio Water System did not hold up last year, resulting a return back to court on Dec. 1.

San Antonio Water System’s repealed a state district judge’s decision that granted LCRA sovereign immunity rules last February, throwing out the water system’s lawsuit stating there was no clear waiver to stop the sovereign immunity rules. Sovereign immunity rules protect government agencies and the public from costs of government agencies’ improper business, therefore halting the court’s authority to review the case at all.

“A heated debate concerning water wars and water rights could ensue for a long time. It would be interesting to see how the Texas Third Court of Appeals will rule on this case,” said Gergory D. Jordan, an Austin business lawyer who has been successfully handling cases for over 20 years.

If the water system succeeds in the Texas Third Court of Appeals by convincing the three-judge panel that there is indeed waiver to immunity, the San Antonio Water System would still have to charge on with the battle. The water-sharing contract would have entailed sending water for 80 years from the Colorado River to San Antonio. In return, the LCRA would have charged the San Antonio System for long-term storage at its basin.

As it stands, LCRA reviewed planning studies that spanned and forecasted ahead several years and decided to pull out of the deal. LCRA said that it concluded that the region did not have enough water to send to San Antonio. Therefore, San Antonio system’s charge is that the LCRA breached its contract and have pursued a lawsuit against them in attempts to relinquish $1.23 billion, the estimated amount that it would cost to desalinate the same amount of water. With that cost is the $42 million for the studies that were performed. Since the LCRA pulled out after agreeing to do feasibility studies, they agreed for the service, and therefore, breaching the contract under the notion of the exchange for goods and services clause. It is San Antonio Water System’s contention that LCRA halted the project of sending water in its basin to reserve it for future profitable power plant deals.

To learn more, contact Austin employment lawyer and Austin business attorney, Gregory D. Jordan or visit http://www.theaustintriallawyer.com.

Law Offices of Gregory D. Jordan
5608 Parkcrest Drive, Suite 310
Austin, Texas 78731
Call: 512-419-0684

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