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Allens Creek Reservoir

City wins water rights lawsuit

A bit of pre-holiday good news.

A Travis County state district judge on Friday tossed a state law that would force the city of Houston to sell its water rights in a proposed reservoir west of Simonton.

The law, which breezed through the Legislature last session and was signed into law by Gov. Greg Abbott, requires the city to sell its rights in the proposed Allens Creek Reservoir by the end of the year for up to $23 million.

The city sued the state and the Brazos River Authority in July, claiming the law was unconstitutional in part because it violates prohibitions on retroactive laws and on forced sales of municipal property that have a public use.

In a ruling issued Friday evening, state district Judge Karin Crump of the 250th District Court agreed with the city’s interpretation, finding the law violates several provisions of the Texas Constitution and Local Government Code.

Crump ruled that the law constitutes a forced sale and “changes the legal consequences of acts completed before the bill’s effective date without sufficient findings to justify passage” of the bill.

See here for the background, and see here for a statement from Mayor Turner on the ruling. I don’t see any other coverage, so I have no idea if there will be an appeal, but I agreed with the lawsuit and I’m glad to see this outcome. Let’s hope it sticks.

Houston sues over water rights

This could be interesting.

The city of Houston sued the state and the Brazos River Authority Monday, seeking to block the implementation of a new law that would force the city to sell its water rights in a proposed reservoir west of Simonton to the river authority, a decree the city says is unconstitutional.

The law, which sailed through the Legislature this spring and was signed into law by Gov. Greg Abbott on June 2 over Mayor Sylvester Turner’s objections, requires Houston to sell its rights in the proposed Allens Creek Reservoir by the end of this year for up to $23 million.

The law’s backers argue Houston has developed its water rights in the Trinity and San Jacinto river basins so thoroughly that it has no urgent need and no immediate plan to build the reservoir, whereas huge petrochemical plants along the Lower Brazos have skipped expansions due to a lack of water resources.

The river authority argued it was ready and able to tackle the project immediately, and that it would charge roughly half what the city would charge for the water.

[…]

The city argues the law is unconstitutional in part because it violates prohibitions on retroactive laws and on forced sales of municipal property that have a public use.

You can see the city’s press release here. Mayor Turner has been threatening to sue since the bill (HB 28146) was passed. Note that this bill took effect immediately, which means that it passed with a two-thirds majority in each chamber. As a Houston taxpayer, I support this suit and agree with Mayor Turner’s argument that the city is not being adequately compensated for its investment. I don’t know enough about the law, or about how often the Brazos River Authority or similar agency has done this before, to guess how this may go. I’ll keep an eye on it.