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Justices weigh whether amended groundwater application is a 'new' filing and who can seek review
Summary
In consolidated cases stemming from the Middle Pecos Groundwater Conservation District, petitioners argued a 2017 permit filing was a new application that created fresh participation rights; the district countered that local timing rules and exhaustion doctrines bar late intervention and judicial review of denial of party status.
The Supreme Court considered challenges to permitting decisions by the Middle Pecos Groundwater Conservation District in Cockrell Investment Partners v. Middle Pecos Groundwater Conservation District (Nos. 250593 & 230742). Petitioners urged the court to treat a 2017 amended permit application as a new application because material terms had changed, which, they said, would entitle new parties to seek participation and judicial review of a denial of party status.
Petitioners emphasized changes in well locations, pumping amounts, and management-zone boundaries and argued…
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