Must sell

LCRA claims that it must sell water to anyone that asks because someone was "sued". New Board members are indoctrinated with this mantra and do not question it.

The court case staff members of LCRA are referring to is LaCours V. Devers Canal Company, a 1959 case involving rice farmers that did not have a contract, but believed they had riparian rights because they were next to a canal.

In 1999, Mark Rose, the General Manager of LCRA, explained, the "suggestion that LCRA has a duty to supply water was initially adopted to ensure that a property owner adjacent to a canal could obtain water at a reasonable price from the canal owner. Judicial interpretation has since expanded the provision to include an obligation to supply water to municipalities at reasonable rates."

A duty to sell water at a reasonable price is now a "must sell" Board policy.

Asher Price in an article in the March 3, 2008, addition of the Austin American Statesman says it is a "May vs. Must". He explains the Texas Water Code says, LCRA "may use, distribute and sell those waters". Is LCRA interpreting this to be it "must sell to anyone"?

Bottom line, LCRA Board Policy requires them to sell water to anyone that asks, whether they have it or not!  Hopefully, the probable 25% increase in the water of our basin may finally force the LCRA Board to rethink their position!

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