Barshop v. Medina Cty. Underground Water Conservation Dist
In Barshop v. Medina Cty. Underground Water Conservation Dist., 925 S.W.2d 618, 636 (Tex. 1996), the supreme court recognized there was no governmental scheme to regulate natural resources such as the Edwards Aquifer Act in 1876. Barshop, 925 S.W.2d at 636.
The court concluded there was no right to a jury trial for appeals from permit adjudications under the statute because they "are not actions, or analogous actions, which were tried to a jury at the time the Texas Constitution was adopted." Id.