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QUESTIONS & ANSWERS ON THE SUPREME COURT DECISION
ON MARSHALL'S INDUSTRIAL WATER RIGHT

Prepared be the Caddeo Lake Institute

Who won? The Caddo Lake "coalition," the organizations and individuals that sued over Marshall’s industrial water right.

What is the result of the decision? Marshall lost its permit to sell raw water for industrial purposes. That permit is no longer valid, and Marshall's application for the permit will be returned to the state agency to the stage it was in during the winter of 2002 – almost back to the starting point.

Didn’t the Supreme Court deny Marshall’s permit? No. It could not. All the Court could do and all the Caddo Lake coalition asked the Court to do was to 1) reverse TCEQ’s decision to grant the industrial water right without public input and 2) return the application to TCEQ to reconsider the application in light of the concerns raised by the coalition, TPWD and others.

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