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Canyon Regional Water Authority v. Guadalupe-Blancoriver Authority

The prospective easement, which restricts access to only a small portion of the lake, does not practically destroy the lake's public recreational use. Texas Supreme Court, No. 06-0873

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Argued November 15, 2007

In this case we decide whether a state water authority properly relied on its existing easement as authority to construct a second water intake and pipeline to draw water from a lake to meet growing consumption demands. We hold that the easement did not grant rights for that construction. We next decide whether the water authority can condemn an easement for construction and operation of the second intake and pipeline. We hold that the prospective easement, which restricts access to only a small portion of the lake, does not practically destroy the lake’s public recreational use. We therefore affirm the court of appeals’ judgment in part, and reverse and remand in part.

I.

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