Board approves permit for Northwest Texas reservoir over objections

Cattle grazing on the Birdwell and Clark Ranch in Henrietta on Feb. 26. A permit for a reservoir that would split the ranch into three sections was approved Friday.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.

Notably, the Texas Commission on Environmental Quality’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 alternative recommendation here best accomplishes this balance.

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 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.

Source: Law Daily Report (lawdailyreport.net)

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