Texarkana Gazette, 2 February 2004
By Greg Bischof

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The Wake Village City Council and as many as six other Texarkana area cities are considering the formation of a new regional water supply agency.

The Wake Village City Council plans to meet a 6 p.m. Thursday [February 5] at Wake Village City Hall, 624 Burma Road, to consider a resolution to establish the Wright Patman Regional Water Supply Agency, according to a legal notice published in the Texarkana Gazette.

"The city of Wake Village, Texas, will consider the adoption of resolution to create the Wright Patman Regional Supply Agency," the notice stated.

The notice also stated the agency, designated as a "Public Utility Agency," will be created pursuant to Texas Local Government Code Chapter 422.

Wake Village City Council member Mack Duncan said Saturday that he didn't know much about the meeting, but did say that he expects to get more information on what the meeting will be about either today or Tuesday.

Duncan also said more information about the proposed agency should be available during the Thursday meeting.

Wake Village City Administrator Bob Long on Friday referred all questions regarding the proposed agency to Wake Village Mayor Mike Huddleston.

City officials said Huddleston was out of town Friday, and efforts to reach him at his home Friday and Saturday were unsuccessful.

The notice drew the attention of Texarkana, Texas, resident Oran Caudle.

Besides Wake Village, Caudle said the cities of New Boston, Hooks, DeKalb, Maud, Avery and Annona, Texas, will be voting this coming Thursday on whether to form and participate in this new agency.

Last year, these seven cities filed a lawsuit against Texarkana, Texas, and Texarkana Water Utilities, claiming they have all have been overcharged for water in recent years.

A copy of the resolution lists these seven cities under its Article II section addressing the agency's board of directors.

Specifically, the resolution to be voted upon gives the agency "the power and authority to investigate, negotiate and obtain permits and/or contract for water resources in the State of Texas or with any state, any Indian Nation or tribe, and/or any other entity lawfully created, for the acquisition and transportation of water supplies to meet the existing or future needs of the agency and its members."

To Caudle, a critic of plans to build Marvin Nichols Reservoir in Northeast Texas, this power and authority seems too broad and excessive.

"If formed, the new agency will have broad powers to construct and manage water and waste water facilities, to issue financial bonds, to condemn land, to award contracts for construction and to transfer land and property to other public entities," he said. "The agency will be tax exempt and the costs of administration and operation will be borne by the participating cities."

Specifically, Caudle points to a provision in the resolution that grants the agency the power to seek "water with any state" and with "any Indian National or tribe."

Caudle said, according to the resolution, there's also nothing to prevent or restrict this new agency from seeking to build new reservoirs despite its Wright Patman name designation. There's also nothing to prevent the new agency from exporting surplus water to other parts of Texas or the nation.

"Nor are they compelled to reduce or pass along their windfall (profits) to their constituent cities," he said.

Caudle says Chapter 422 of the Texas Local Government Code is basically giving the proposed agency "much broader and far-ranging" power then the resolution actually states.

He cited the code as also giving the agency the authority to build new reservoirs, buy water and/or sell to other water purveyors, obtain permits for water rights from any state and condemn land under the power of eminent domain.

The state code also allows the agency to issue bonds, revenue obligations and other securities to raise money, as well as transfer property to public centers. It can also contract out any reservoirs construction it needs, Caudle said.

Despite the fact the agency's designated name will be "Wright Patman Regional Water Supply," the resolution doesn't mention Lake Wright Patman.

"It's completely unclear whether the authors of the new agency plan to focus on the existing contract they have with TWU, whether they plan to seek control of water in Lake Wright Patman, or whether they see a much broader role for the agency-such as building Marvin Nichols Reservoir or bringing water in from Oklahoma," Caudle said.

Caudle also said that before an agency is created with the power to condemn land, issue revenue bonds and build public structures, public hearings should be held to inform local residents as well as get their input on matters. But to date, no such meetings are scheduled.

Beside holding no public hearings, Caudle said creating the agency won't require all seven cities to participate. As few as two could agree to start it.

Once the agency is formed, only the participating cities' mayors will name the board of directors, according to the resolution.

Caudle says there has been some speculation that creating this water agency might be leverage for negotiating the sale and prices of water from Texarkana Water Utilities to the seven cities. He notes very little has been said publicly.

Newspaper efforts to contact TWU Director Bill King were unsuccessful Friday, but a copy of the resolution was left at the TWU office.


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