Texarkana Gazette, 3 February 2004
By Greg Bischof & Jodi Sheridan

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DAM OF SILENCE ABOUT VILLAINOUS WATER AGENCY

Because of pending litigation, finding out more about a proposed water agency can be compared to dipping into a dry well.

Wake Village, along with the cities of New Boston, Hooks, De Kalb, Maud, Avery and Annona, Texas, are all considering the possible formation of a new regional water supply agency, the Wright Patman Regional Water Supply Agency. But because the seven cities are currently involved in a lawsuit with Texarkana, Texas, and Texarkana Water Utilities, 76th District State Judge Jim White of Mount Pleasant, Texas, has placed a gag order on all the parties involved.

Because of White's gag order, Texas-side City Manager George Shackelford said Monday he was unable to comment on the proposed agency. White could not be reached for comment Monday on whether the gag order affected comments on the proposed water agency.

[COMMENT: Well, my high school chum Jimmie White hasn't put me under any sort of gag order. What is the purpose of the Region D Water Planning Group, if they have no control over "rogue shenanigans" of this lawless nature?! When any group or city forms a "public utility", aren't they regulated by the Public Utilities Commission? If so, then shouldn't there be public hearings to determine the "legitimacy" of said "public utility"? Do judges have the right to impose "gag orders" on the free exchange of debate regarding the public utilities that citizens ultimately pay for with their water, gas and electricity bills? If petition drives are a way to force public votes on such proposed "public utilities", aren't citizens of the public usually given 60-90 days advance notice to gather such petition signatures? These "Wake Villains" are up to no good again! This is a transparent attempt by ousted SeRBiA Comrade Chairman Muddlestonvic to get back into the water-selling game after he was kicked off, first, Region D, and later, the Sulphur River Basin Authority. Methinks that the Comrade Chairman has a chip on his shoulder. To the Gulag with the Comrade Chairman! RS]

Texarkana Water Utilities Director Bill King conveyed through one of his staff members that he also would be unable to comment about the proposed agency because of the gag order. Wake Village Council Member Mike Burke said he didn't have a copy of the resolution to establish the new water agency and therefore couldn't really comment on it when he was contacted Monday afternoon.

[COMMENT: This is both laughable and absurd. Mike Burke is the SeRBiA Executive Director and a close friend and business partner of Mike Huddleston. If Burke really doesn't have a copy of this resolution and therefore cannot comment, then he should be removed at once from his position on the river authority. He is clearly incompetent to serve in such a position, if he doesn't even have a copy of this resolution by now. Something stinks in Wake Villainy, SeRBiA, and it ain't no skunk! As someone emailed this morning, "Seems to me it's time for recall elections for the two little Mikies." RS]

The Wake Village City Council plans to meet at 7 p.m. Thursday at the Wake Village City Hall, 624 Burma Road, to consider a resolution to establish the agency. The other six cities will possibly meet on Thursday to determine whether to form and participate in this new agency.

Some local residents speculate creating this water agency might be leverage for negotiating the sale and price of water from TWU to the seven cities. Last year, these seven cities filed a lawsuit against Texarkana, Texas, and TWU, claiming they all have been overcharged for water in recent years.

A copy of the resolution lists these seven cities under Article II, addressing the agency's board of directors. Once the agency is formed, only the participating cities' mayors will name the board of directors, according to the resolution.

[COMMENT: And guess who's the Mayor of Wake Villainy? None other than defunct Comrade Chairman Muddlestonvic! What's to prevent the Comrade Chairman from appointing himself as director of this water agency? Wouldn't that be a blatant conflict of interest, considering his previous positions on Region D and the Sulphur River Authority? What a villainous stench indeed! RS]

The agency, designated as a "Public Utility Agency", will be created pursuant to Texas Local Government Code, Chapter 422. 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 Texarkana, Texas, resident Oran Caudle, a critic of plans to build Marvin Nichols Reservoir in Northeast Texas, this power seems too broad and excessive. "If formed, the new agency will have broad powers to construct and manage water and wastewater facilities, to issue financial bonds, to condemn land, to award contracts for construction and to transfer land and property to other public entities," Caudle said previously. "The agency will be tax exempt and the costs of administration and operation will be borne by the participating cities."

Specifically, Caudle points to the provision in the resolution that grants the agency the power to seek "water with any state" and with "any Indian Nation or tribe". Nothing prevents or restricts 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. Caudle said Chapter 422 of the Texas Local Government Code has basically given the proposed agency "much broader and far-ranging" power than 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 reservoir construction it needs, Caudle previously 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 previously 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.


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