TCEQ announced last week that Dow Chemical rescinded its priority call on water in the Brazos River Basin, and junior water rights holders in the basin can now resume diversion of water according to their water rights. While farmers within the 43 counties affected by the TCEQ ruling say they are pleased to get the news of Dow’s decision, they express concern that TCEQ’s action may only be the first of many other limiting actions in the months and years ahead, especially if drought conditions continue into the growing year.

In spite of Dow’s withdrawal of the priority call, attorneys for plaintiffs in the lawsuit say they will continue to press for a court decision that could alter the way TCEQ curtails water rights for farmers.

"We are confident that when the court looks at this issue carefully they will agree the latest TCEQ rule oversteps the authority of and conflicts with the intent of established priority water rights law in Texas," Beck said this week.