Tex. Codes » Water Code · TITLE 2. WATER ADMINISTRATION · SUBTITLE E. GROUNDWATER MANAGEMENT · CHAPTER 36. GROUNDWATER CONSERVATION DISTRICTS
Texas Codes

Tex. Water Code § 36.253 (2026)

Trial Of Suit

✓ current as of May 2026
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Sec. 36.253. TRIAL OF SUIT. The burden of proof is on the petitioner, and the challenged law, rule, order, or act shall be deemed prima facie valid. The review on appeal is governed by the substantial evidence rule as defined by Section 2001.174, Government Code.

Added by Acts 1995, 74th Leg., ch. 933, Sec. 2, eff. Sept. 1, 1995.

Notes of Decisions
Cited in 7 cases, 2006–2016 · leading case: In Re Edwards Aquifer Auth., 217 S.W.3d 581 (Tex. App. 2006).
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In Re Edwards Aquifer Auth., 217 S.W.3d 581 (Tex. App. 2006). · cites it 4× “See Tex. WateR Code Ann. § 36.253 (Vernon 2000); Tex.”
Tex-Fin, Inc. & Texas Workforce Comm'n v. Gustavo E. Ducharne, 492 S.W.3d 430 (Tex. App. 2016). “, Tex. Water Code Ann. § 36.253 .(West 2008) (expressly incorporating section 2001.”
Guitar Holding Co. v. Hudspeth Cnty. Underground Water Conservation Dist. No. 1, 209 S.W.3d 146 (Tex. App. 2006). “34 in administrative fees is contrary to substantial evidence in the administrative record that supports the District’s assessment of its administrative fees against Guitar L.”
Save Our Springs All., Inc. v. City of Kyle, 382 S.W.3d 540 (Tex. App. 2012). “See Tex. Water Code Ann. § 36.253 . Section 2001.”
Citizens Against the Landfill in Hempstead Michael McCall Wayne Knox & the City of Hempstead v. Texas Comm'n on Env't Quality & Pintail Landfill, L.L.C. (Tex. App. 2015). · cites it 5× “By refusing to strike the Edwards Aquifer Authority's jury demand and setting landowners' appeal of the Authority's permitting decision for a jury trial, a trial court failed to apply the law correctly and fundamentally altered the nature of the judicial review prescribed by…”
Kinney Cnty. Groundwater Cons. Dist. v. Boulware, 238 S.W.3d 452 (Tex. App. 2007). “See TEX. WATER CODE ANN. § 36.253 (providing "[t]he burden of proof is on the petitioner, and the challenged law, rule, order, or act shall be deemed prima facie valid.”
Save Our Springs All., Inc. v. City of Kyle Jack Goodman Craig Smith Mary Stone Gary Franklin & Bob Larson, Each in Their Off. Capacity as Directors of the Barton Springs-Edwards Aquifer Conservation Dist. & the Barton Springs-Edwards Aquifer Conservation Dist. (Tex. App. 2012). “See Tex. Water Code Ann. § 36.253 . Section 2001.”
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