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 Marshalls 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 That permit is no longer valid, and Marshall's application for the permit will be returned to the state agency to the stage it was in during the winter of 2002 almost back to the starting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.
Didnt the Supreme Court deny Marshalls 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 TCEQs 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.