In Friends of Canyon Lake, Inc. v. Guadalupe-Blanco River Auth., 96 S.W.3d 519 (Tex. App.--Austin 2002, pet. denied), an environmental group alleged that the Texas Natural Resource Conservation Commission (TNRCC) and the local river authority had failed to correctly follow all the requirements of the water rights permit application process. 96 S.W.3d at 528.
The plaintiff environmental group argued that this failure of compliance had resulted in the TNRCC acting outside its statutory authority, and therefore the group was excused from exhausting its administrative remedies. Id.
The court held that for this exception to apply, the environmental group was required to allege that the agency had acted wholly outside its jurisdiction, not merely that it had failed to meet certain statutory procedural requirements. Id.