The Texas Environmental Commission voted Friday to grant water rights for a new reservoir in Clay County, despite a recommendation against it from an administrative judge.
Commission Chairman John Nearman said he felt the judge's interpretation of Lake Ringgold was wrong, a sentiment echoed by two other commission members during their discussion of the case. Texas Governor Greg Abbott appointed all three commissioners.
“I believe that (the administrative judge’s) approach to the needs assessment would set a new precedent that is inconsistent with the law and contrary to the state’s regional planning process,” Nearman said.
The reservoir is sponsored by the city of Wichita Falls and will be built in neighboring Clay County. Lake Ringgold was first proposed in the 1950s, and construction work has recently resumed following the drought of the early 2010s.
The administrative judge's recommendation was the result of a multi-day hearing on the merits of the Ringgold Lake project in August. A judge in December recommended denying the permit, citing a lack of need for a reservoir the size of Ringgold Lake and inadequate plans to mitigate affected wildlife habitat. .
Friday morning's meeting featured short presentations from attorneys for several parties, including landowners opposed to the Ringgold Lake construction, the City of Wichita Falls, and the TCEQ administrative division that reviewed the original application. The lawyers mainly reiterated the points made at the hearing, pointing out areas where they agreed with and disagreed with the judge's interpretation.
Notably, TCEQ's Office of Public Interest Law said it agreed with the judge that, if a permit were granted, it should be for a smaller reservoir that would better meet the city's demonstrated water needs. The office had previously supported the city's application at a public hearing in August.
“Water is clearly one of the most important resources for life, and in today's era when droughts seem to be recurring and increasing in frequency,” said Eli Martinez, an attorney with the firm. The necessity is self-evident.” “Still, resources must be shared reasonably. In our estimation, (the judge's) alternative recommendation here best achieves this balance.”
Wichita Falls Public Works Director Russell Schreiber previously said: dallas morning news Although the city made significant water conservation efforts and implemented potable water reuse projects after the drought, it has become clear that water supply shortages are still expected.
Ranchers and landowners who stand to lose property if the reservoir is built disagree. They argue that Ringgold Lake is not needed for an adequate water supply, will have a negative impact on the local ecosystem, and that the city doesn't have a good plan in place to improve it. .
Deborah Clark, a rancher whose property will be divided into three parts by Ringgold, said she was “disappointed, but not defeated” by Friday's meeting.
“What was very troubling today was that the commissioners were so negative about (the administrative judge) and their recommendations,” she said. “Hearings like this, when we are spending taxpayer money to put processes in place to try to figure out what is being met, where the burden of proof is, and what the law is. They participate in it and ignore it.”
Mr Clark said there was visible emotion when the commission announced its decision, but was encouraged by the fact that more than 40 people came to the meeting to oppose the reservoir. The landowner group plans to appeal the decision in state district court in Travis County, and he noted that the reservoir would have to go through a federal permitting process.
Clark was seen on a livestream of the meeting comforting her grandchildren during a break.
“My granddaughter came up to me and said, 'Did we lose? Did we lose the ranch?'” Clark said. She reportedly replied, “No, honey, it's not over yet.”
