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Contested hearing date set for lake project
Chris Roark, croark@starlocalnews.com
The battle between the town of Flower Mound and the Upper Trinity Regional Water District regarding a proposed lake the district wants to construct has reached its sixth year.
But it could come to a close in about eight months.
While the lake would be about 90 miles from Flower Mound, the town has an interest in the project since the town is part of the 25-member Upper Trinity district, which has pushed for the lake for nearly a decade. Lewisville and Highland Village are also members of the district.
A three-member TCEQ commission will consider the judge’s proposal for a decision, but the commission typically doesn’t reject the recommendation unless TCEQ’s rules and policies are not properly applied in the judge’s decision-making process. The commission’s decision can be appealed to the Travis County District Court.
In addition to the 30 mgds, Lake Ralph Hall is also expected to provide 15 mgds of reuse to the Upper Trinity, Fannin County and Ladonia.
Officials at Upper Trinity, a district established to address the area’s water supply needs, said the lake is crucial for providing enough water for the region.
Upper Trinity members point to the year 2060, which is when Upper Trinity is expected to have a water shortfall of 58.5 mgd.
“We had the driest, hottest year ever recorded in Texas last year,” said Tom Taylor, executive director of Upper Trinity. “We have to assure we have adequate water supply. And there are only limited ways to do that.”
Taylor said growth projections in future years are another consideration. He said Denton County’s growth is expected to double by 2040.
“Growth is occurring,” Taylor said. “When people come in, they don’t bring water with them.”
Flower Mound has opposed the lake’s construction, citing several concerns such as the district’s financial stability. Taylor said the district’s finances are sound.
Town officials have also questioned the growth statistics Upper Trinity has used to justify the lake. They contend that Upper Trinity has a history of building too much too quickly.
The cost for the lake, which will likely be comparative in size to Grapevine Lake, is expected to be $270 million. Flower Mound officials are concerned since the town would bare the brunt of the debt service. Flower Mound is Upper Trinity’s largest customer at 42 percent.
“Since we’re their biggest customer, it affects our water rate,” said Ken Parr, the town’s director of public works. “It affects us more than anyone else without any direct benefit.”
Because of the opposition, the project has been on hold even though TCEQ is ready to move forward.
On April 18, Walston ruled during a preliminary contested case hearing that Flower Mound, two environmental groups – The National Wildlife Federation and the Texas Conservative Alliance -- and six property owners, whose land will be impacted by the lake, can participate in the protest.
Both sides will spend the next few months collecting evidence and gathering witnesses to support their case.
Parr said one thing the town is hoping to obtain before the hearing is the Upper Trinity’s complete application for the lake. He said there could be some statistical information on the document that is OK with TCEQ but that might not meet the approval of the U.S. Army Corps of Engineers.
“There could be a smoking gun in there, or there might not be anything,” Parr said. “In that application, they have their justifications for the project, such as the cost and what effect it will have on future water rates. We’re going to look at that carefully to make sure the assumptions they are making are correct.”
Parr said growth projections will also be examined.
“We’ll look at those, and if we don’t agree, we’ll come up with our own,” Parr said.
Taylor said the district is simply going to summarize the merits of the case.
“We’ve spent 10 years making our case,” Taylor said. “TCEQ took us through the ringer regarding economic issues and environmental issues. They went on and on, and they exhausted their questions and reviews. They said it was a good application, and they issued a proposed permit. And nobody objected.”
Taylor questions Flower Mound’s opposition to the lake, saying the town was part of the agreement years ago. He said the town chose to purchase extra water in 2000 from Upper Trinity instead of Dallas Water Utilities, which the town also gets water from. He said the town purchased more water than it needed, and that that’s the reason for Flower Mound’s increased water rates.
Various town councils in Flower Mound have supported the town’s opposition to the lake, and on April 18, 2011, the council passed a resolution to reaffirm a request for a contested case hearing with TCEQ regarding the lake.
But the opposition hasn’t been cheap. According to Flower Mound officials, the town’s legal fees associated with this opposition has reached $32,194 over the last six years.
Taylor said the town will also likely pay half of the legal fees Upper Trinity incurs.
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