The Texas Commission on Environmental Quality voted Friday to grant a permit for the water rights of a new reservoir in Clay County, despite a recommendation from an administrative judge to deny it.
Jon Niermann, chairman of the commission, said he felt the judge erred in his interpretation of Lake Ringgold, a sentiment echoed by the other two commissioners in their discussion of the case. Texas Gov. Greg Abbott appointed all three commissioners.
“I believe the (administrative judge’s) approach to the need review would set a new precedent that is inconsistent with the law and contrary to the state’s regional planning process,” Niermann said.
The reservoir is sponsored by the city of Wichita Falls and would be built in neighboring Clay County. Lake Ringgold was first proposed in the 1950s and saw the most recent revival of construction efforts following the drought in the early 2010s.
The recommendation from the administrative judge was the product of a dayslong hearing on the merits of the Lake Ringgold project that took place in August. The judge recommended in December the denial of the permit, citing a lack of need for a reservoir the size of Lake Ringgold and inadequate plans for habitat mitigation of affected wildlife.
The meeting Friday morning saw brief presentations from lawyers from multiple parties, including the landowners who oppose Lake Ringgold’s construction, the city of Wichita Falls and the administrative arms of the TCEQthat reviewed the original application. The lawyers largely rehashed points made during the hearing, pointing out where they agreed or disagreed with the interpretation of the judge.
Notably, the TCEQ’s Office of Public Interest Counsel said it agreed with the judge that if a permit is granted, it should be for a smaller reservoir more in line with the city’s demonstrated water need. This office previously supported the city’s application at the August hearing.
“Water is obviously one of life’s most important resources, and in this day and age of recurring droughts of seemingly increasing proportion, need is axiomatic,” said Eli Martinez, an attorney with that office. “Yet the resource must be shared reasonably. In our estimation, the (judge’s) alternative recommendation here best accomplishes this balance.”
Russell Schreiber, public works director for Wichita Falls, previously told The Dallas Morning News that the city undertook significant water conservation efforts after the drought and implemented potable water reuse projects, but still had a projected water supply deficit.
The ranchers and landowners who would lose property to the construction of the reservoir disagree. They argue Lake Ringgold is not necessary for adequate water supply and would be detrimental to the local ecosystem, something they say the city has not sufficiently planned to remedy.
Deborah Clark, a rancher whose property would be split into three parts by Ringgold, said she was “disappointed, but not defeated” in reaction to Friday’s meeting.
“What was so perplexing today was for the commissioners to be dismissive towards the (administrative judge) and his recommendations,” she said. “We’re using taxpayer money to have a process that strives to get at what has been met, where the burden of proof is and what the law is, and yet we go into a hearing like this and ignore it.”
Clark said that while there were visible emotions when the commissioners announced their decision, she was buoyed by the fact that over 40 people came to the meeting to oppose the reservoir. The group of landowners is planning to appeal the decision in state district court in Travis County, and she pointed out that the reservoir still has to move through the federal permitting process.
Clark could be seen on the livestream of the meeting comforting her grandchildren during a recess.
“My granddaughter came up to me and said, ‘Did we lose? Did we lose the ranch?’ ” Clark said. She said she replied, “No honey, it’s not over.”
