Hatchell PC
Mike and Molly Hatchell assist the Edwards Aquifer in obtaining a ruling that protects the agency's authority to conserve water resources: In a holding important to conservation of water rights, the Supreme Court ruled that the Edwards Aquifer Authority was immune from another Act - the Private Real Property Rights Preservation Act - that would have severely hampered the Authority's ability to pass rules to enable its allocation of water pumping rights within the Aquifer. Members of Hatchell PC orally argued the case and assisted with briefing.

In Bragg v. Edwards Aquifer Authority, 71 S.W.3d 729 (Tex. 2002), Mike Hatchell was asked to orally argue and assist in briefing the case for Respondent, Edwards Aquifer, joining an appellate team headed by Drew Miller (with Kemp Smith PC of Austin) and assisted by Prof. Lynn Blaise of the University of Texas, and Molly Hatchell of Hatchell PC. The case involved a clash between Texas' Private Real Property Rights Preservation Act (which requires certain "taking impact assessments" before governmental action that affects private property rights) and the Edwards Aquifer Act (which promulgates procedures for regulation of groundwater in a defined area). The decision affirmed the Aquifer's position that it was exempted from the Property Rights Act when it adopted new rules regarding issuance of water rights permits within the Aquifer's boundaries. The decision was an important milestone because the critical need to preserve water resources in Texas would have been severely hampered and subject to obfuscation had the Aquifer been required to delay action in order to comply with the requirement in the Property Rights Act of a "takings impact statement" each time it promulgated rules.

Hatchell PC, 112 E. Line Street, Suite 304, Tyler TX 75702,
903.526.6500, 903.526.6600 FAX
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