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May 16, 202315 min read

Cross Timbers Regional Utility Authority, update on concerns

Summary: The proposed Cross Timbers Regional Utility Authority, which includes Parker County, will have "limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments and fees." This expansion of powers generated concerns from cities, like Willow Park, who are already addressing the public utilities needs of their citizens. However, Grimes explained the details and Willow Park Council approved.

Latest Update:Wednesday, 10 May, 2023

Select #Tags for additional articles: #FortWorthWater #WastewaterTreatmentPlant


 

Cross Timbers Regional Utility Authority, update on concerns


The expansion of powers included in the new Cross Timber Regional Utility Authority (CTRUA) had many residents and leaders in Parker County -- and Palo Pinto County -- concerned. Many of the concerns come from cities, like Willow Park, who are already addressing the public utilities needs of their citizens.


Last week Texas House Bill 5406 [Legiscan HB5406] was introduced by our Texas House Representative District 60 Glenn Rogers for the "creation of the Cross Timbers Regional Utility Authority; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments and fees. HB 5406 states that the authority is composed of all of the territory contained in Palo Pinto County, Parker County, and Stephens County." [2]

Note: As of 08 May the bill has been tabled. See Sources 5 and 6 below.






During the 09 May 2023 Council Meeting (Agenda Item 2. to approve a Letter of Support for HB 5406), the council reviewed and discussed the request from TX House Representative District 60 Glenn Rogers to sign a support letter for his new bill HB 5406, which he now has before the TX 88th Legislative Session. Details of the new Regional Utility Authority -- which started over a year ago as a water authority -- and details of the concerns are found in the articles below.


However, Willow Park City Administsrator Bryan Grimes, explained the details and facts of the new, proposed Regional Utility Authority to the satisfaction of the council, who unanimously agreed to sign Rogers' letter supporting HB 5406 and the new Cross Timber Regional Utility Authority.


Grimes explained the following:

  • Participation in the CTUA is totally voluntary. Willow Park and our utilities will never be under the control of the Cross Timber Regional Utility Authority, UNLESS we elect to do so.

  • Local governmental entities in the three counties of TX House District 60 -- Parker, Palo Pinto and Stephen Counties -- will choose to apply to the CTRUA to help them find partners to fund municipal utility projects. As Willow Park partnered with Hudson Oaks to bring water from Fort Worth, other local governments can use CTRUA to help them find and fund utility projects.

  • The CTRUA authority will be similar to that of a MUD, Municipal Utility District, but on a regional basis. [Municipal Utility Districts, Texas Commission on Environmental Quality, TCEQ]

  • Signing the support letter requested by Rep. Rogers will not commit Willow Park or our assets to anything.

  • Weatherford, the largest city in Parker County, has signed the support letter. Note, Willow Park is still the second argest city in Parker County.


Grimes closed by saying the City of Willow Park will probably never need the services of the Cross Timber Regional Utility District, nevertheless it is a good idea to support our neighbors who are still working to manage the water, wastewater, public utility needs of their citizens.

 


New Water Management for Parker County - Cross Timbers Regional Utility Authority

Since fall of 2022, water planners in Parker and Palo Pinto counties have been discussing a regional water authority. (See WPC Blogs below.)


And although Willow Park now has a dependable source of water from Fort Worth [1], Willow Park citizens still feel the pain of providing water for the rest of Parker County and for neighboring counties.


Last week Texas House Bill 5406 [Legiscan HB5406] was introduced by our Texas House Representative District 60 Glenn Rogers for the "creation of the Cross Timbers Regional Utility Authority; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments and fees. HB 5406 states that the authority is composed of all of the territory contained in Palo Pinto County, Parker County, and Stephens County." [2]

"The Cross Timbers Regional Utility Authority is envisioned as a vehicle for Parker, Palo Pinto and Stephens counties to use their combined muscle to wrest state funding for water, wastewater and other water infrastructure projects in fast-growing North Central Texas." [3]


Cross Timbers Regional Utility Authority will undertake this task by coordinating water conservation and procurement efforts for the region. [3]


However, several elected leaders are concerned the new Cross Timbers Regional Utility Authority may grab for too much power. Several leaders "have concerns regarding the language in the legislation. They claimed that it’s too broad and opens the door for a possible 'land grabbing' opportunity and possibly opening up imminent domain legal situations for existing water entities and existing land owners who are in possession of private water wells. They were also concerned with language of ground water and surface water and sought clarification. A Commissioner brought up the power that such an authority could wield in other utility areas besides water was concerning too." [4]


Willow Park Civics Research and Sources

  1. Willow Park Civics Blog > Water for Willow Park, A New Beginning

  2. Texas House Bill 5406 [Legiscan HB5406]

  3. Rep. Rogers' Cross Timbers Utility Authority bill wins committee nod, Weatherford Democrat /Yahoo News, 28 April 2023, (in. pdf), Excerpts Apr. 28—AUSTIN — A key committee in the Texas House of Representatives gave its blessing on Wednesday to a bill by Graford Republican Rep. Glenn Rogers to create a three-county water infrastructure authority. / The Cross Timbers Regional Utility Authority is envisioned as a vehicle for Parker, Palo Pinto and Stephens counties to use their combined muscle to wrest state funding for water, wastewater and other water infrastructure projects in fast- growing North Central Texas. / "We are very pleased to see House Bill 5406 moving forward in the legislative process and encouraged the House Natural Resources Committee saw the value in the creation of the Cross Timbers Regional Utility Authority," Rogers said. "To date, we have received over 20 resolutions and letters of support from water, government and civic organizations across District 60 and are glad to have the broad-based support." / Parker County Judge Pat Deen said solving the water riddle tops even the local transportation challenge prompted by growth. "There is no economic development unless we solve it," he said. "It's by far the biggest challenge we have..." / The bill lays out details of the three-county partnership. / Rogers, and local elected officials, have emphasized that it will not have taxing authority. The entity will instead be able to issue revenue bonds to, say, build a wastewater treatment plant or fund some other large project

  4. Legislation to Establish Regional Utility Authority to Give Palo Pinto, Parker and Stephens County Bigger Voice in Fight for Water Getting Closer to Reality;Local Water Reps Seek Language Clarification & Imminent Domain Concerns; Rogers Pens Op-Ed Concerning Water Utility, Mineral Wells Area News, 25 April 2023

    1. Excerpts. Yesterday the Palo Pinto County Commissioners were to sign a letter of support for the legislation, but first had to hear from local leaders who support the bill, but have concerns regarding the language in the legislation. They claimed that it’s too broad and opens the door for a possible “land grabbing” opportunity and possibly opening up imminent domain legal situations for existing water entities and existing land owners who are in possession of private water wells. They were also concerned with language of ground water and surface water and sought clarification. A Commissioner brought up the power that such an authority could wield in other utility areas besides water was concerning too.

    2. includes "Roger Pens Op-Ed For Establishing The Cross Timbers Regional Utility Authority"

  5. Rogers HB 5406 Tabled, For Now, (in .pdf) Mineral Wells Area News, 09 May 2023

  6. Cross Timbers water bill blocked by Arlington House member, (in .pdf) Yahoo News, Weatherford Democrat, 08 May 2023

May 8—Texas Rep. Glenn Rogers' bill creating a three-county authority was blocked last weekend by an Arlington House member whose chief of staff said people from Rogers' district had complained to him.


Rogers, R-Graford, said the action by Republican Rep. Tony Tinderholt is a temporary setback.


"We were very disappointed with Rep. Tinderholt's procedural motion and negative comments regarding the bill and the city of Mineral Wells," Rogers said Monday. "If he had contacted us prior to his comments, we could have provided him with information that would have addressed his concerns."


Those concerns arose from the bill's inclusion of two Mineral Wells residents being included on the governing board of Rogers' Cross Timbers Regional Utility Authority.


"There's an ongoing lawsuit in the city of Mineral Wells," Tinderholt Chief of Staff Hannah Sacia said, without specifying the case.


Sacia said Tinderholt's office received about 20 calls "from people in the area" thanking the Arlington Republican for putting the brakes on the bill.


Rogers said he plans to revive the bill this week.


"This is a good piece of legislation that will help bring much needed water resources to the region," he said. "And we plan to bring it back to the House floor as early as Wednesday."

 

Original Post Monday, 20 March, 2023

Palo Pinto/Parker water authority

Since Fall 2022, water planners in Parker and Palo Pinto counties have been discussing a Regional Water Authority (described by the red outline in the map) to gain a greater political voice with state lawmakers planning future water policy. However, this week the the partnership "looks dead in the water."


Although Willow Park now has a dependable source of water from Fort Worth, there are many residents in the city who depend on their own water wells. In addition, Willow Park also uses well water to mix with the Fort Worth water. Willow Park Civics > City > City Services > Water


The new Palo Pinto-Parker water authority, that was to help manage water to west Parker County, was to be an issue in the TX 88th Legislature. Texas House Rep for District 60 (includes Willow Park), Glenn Rogers offered to file a bill in the legislative session, but "'He (Rogers) hasn’t gotten us a bill back ... or one that’s finalized.'"


• Two-county water authority appears dead in the water, Weatherford Democrat, 17 March 2023 [.pdf] Excerpts. County commissioners on Monday took no action on a letter supporting legislation creating a two-county water authority with Parker County. Palo Pinto County Judge Shane Long told commissioners that he believes the state representative working on the measure in Austin still supports the plan to achieve a stronger local voice on water issues.

“But I believe he is of the opinion it’s got to be a multi-county water district,” Long said of Texas Rep. Glenn Rogers, R-Graford.

Precinct 4 Commissioner Jeff Fryer agreed it was premature to sign a letter endorsing the district as it’s been discussed so far — an expansion of the existing district that oversees Lake Palo Pinto, with maybe four new board members chosen by the two county commissioners courts.

“He (Rogers) hasn’t gotten us a bill back ... or one that’s finalized,” Fryer said.


• Parker, Palo Pinto counties discuss water partnership, Weatherford Democrat, 20 January 2023, Excerpts. Water planners in Parker and Palo Pinto counties are discussing a Regional Water Authority, described by the red outline, to gain a greater political voice with state lawmakers planning future water policy.


A joint meeting of the Mineral Wells city council and the board governing Lake Palo Pinto about forming a two-county water authority with Parker County ended with a decision to form subcommittees to recommend details of the partnership.


The meeting was attended by Palo Pinto County Judge Shane Long and Parker County Precinct 3 Commissioner Larry Walden, who said he was representing County Judge Pat Deen. (Though, he said he’d have attended regardless).


“As growth continues down I-20, the cities in the southwest part of our county cannot sustain growth,” Howard Huffman, general manager for the Palo Pinto County Municipal Water District No. 1, told the 15 or so members of both his board and the city council gathered in joint session.


The two panels discussed details of the two-county partnership — those include its geographic footprint, makeup of its governing board and funding strategies — for close to 90 minutes before deciding to form subcommittees to iron out specific recommendations.


Their recommendations will flow into a so-called shell bill that Graford GOP Rep. Glenn Rogers has offered to file in the legislative session that’s underway in Austin. Rogers awaits a green light from the local officials to add it to the 16 bills he has authored.


A proposed map of the two-county Regional Water Authority encompasses the seven wholesale water suppliers serving roughly the western third of Parker County and the southeastern half of Palo Pinto County.


Those, plus the city of Mineral Wells, drink from Lake Palo Pinto. The planners also anticipate construction of Turkey Peak Reservoir, which is envisioned to begin filling immediately downstream of Lake Palo Pinto as soon as 2027.


The city is under sanction by the Texas Commission on Environmental Quality regarding the plant’s reduced capacity.


A new Turkey Creek Water Treatment Plant also is on the books, particularly with the 60-year-old Hilltop Water Treatment Plant the city and the wholesalers rely on operating at a 13-percent capacity deficiency.


There are 39,000 households and businesses depending on that water source.


Mineral Wells City Manager Dean Sullivan, who has spearheaded several multi-entity meetings to discuss water, said the demand on the Hilltop plant is 11.2 million gallons a day.


“We can’t meet that,” he told the group.


The boundaries of the new water authority were pretty much agreed upon, with Huffman noting it could be expanded in two years when lawmakers meet again in 2025.


Most, judging by comments, seemed to agree the board of the new Regional Water Authority will include the five members, appointed by the city council, who now run the lake board and hired Huffman.


Discussions of the board’s makeup were less certain beyond that. They began with the suggestion each county appoint two members for a total of nine.


“What we know is it has to be fair,” lake board President David Turk said, adding the new panel’s name can remain the same for now, since it essentially is an expansion of the Palo Pinto County Municipal Water District No. 1. “We don’t care about the name. At some point, the name’s got to reflect the region.”


Long agreed the priority is to establish the statutory partnership by the easiest route.


“The expansion of it is way more important than the name,” Long said. “The expansion of it is way more important than how many people we put on there.”


He added he expects “balanced representation.”


Walden said all of Parker County that’s within the Brazos River watershed “needs to be in this regional group.”


The panels also bemoaned their counties’ lack of representation on the regional water planning groups that were created by the legislature in 1997 to map the state’s water needs in for the next 50-years. (The 50-year Master Water Plan is updated every five years, most recently in July 2021).


Parker County is among the 16 counties in Region C, stretching from Cooke and Grayson counties south to Freestone County -- but dominated politically by Metroplex counties.


Palo Pinto County is in Region G, 37 counties from Knox County in the north to Washington County, where Brenham is the county seat. It includes populous Waco, Georgetown and College Station.


“Moving to a Regional Water Authority makes us big enough that people have to listen,” Huffman said, citing a theme of the last joint meeting and this one. “We are in the space between the spaces that people pay attention to, aka the Metroplex and Abilene, Wichita Falls and Waco.”


After the two-hour joint session, the city council made several decisions during its regular session.


Those were led by approval of the first task order given to engineers hired to design elements of a 20-year comprehensive plan for the growing city.


Under the approved proposal, Gauge Engineering will design a pedestrian-friendly, eight square block neighborhood on either side of NW First Avenue.


That central, north-south avenue, has long been the main artery of the annual Crazy Water Festival. Under the plan, it will become pedestrian-only year round from NW Fourth Street south four blocks to West Hubbard Street.


The east-west side streets, bracketed by NW Second Avenue and North Oak Street (U.S. 281), also will be revamped with pedestrians in mind. The proposal from the Houston engineering firm says it will take into account the width of traffic lanes, sidewalks, curb offsets and rights of way.


The plan, which encompasses the city’s second Tax Increment Reinvestment Zone, also includes landscaping designs and improved parking availability.


A TIRZ is a specified site in need of improvements where property taxes are frozen to encourage developers to make improvements with the savings. The increased property taxes created by new projects are then reinvested into the zone.


Cost of the preliminary design work by Gauge is $189,600.


The council on Tuesday also continued discussion of accepting ownership of the downtown dog park from Mineral Wells Leadership Class 27. The park remains under construction immediately north of the Crazy Water Hotel.


No action was taken, as the council instructed newly named Parks and Recreation Superintendent Carrie Stevenson to discuss a transfer with the nonprofit Leadership Class.


The council also emerged from closed session to reappoint members of the Mineral Wells Housing Authority and approve capital projects for Mineral Wells Regional Airport.


Those airport improvements are two projects that were combined to save expenses on concrete and other efficiencies.


They are building a shed to shelter the airport’s tractor and other equipment and tarmac rehabilitation near the terminal.


The project was awarded to D.R. Contracting and Construction Services, which submitted the only bidder, at $84,000.



The manager of Lake Palo Pinto on Monday proposed a three-to-one split of county representation on a two county water authority with Parker County.


Palo Pinto County Municipal Water District No. 1 Manager Howard Huffman also urged county commissioners to ensure water wholesalers supplying much of both counties be involved in operations of a proposed two-county Regional Water Authority.


Without elaborating, Huffman said he is "talking to" leaders in next-door Stephens County, too, since it is part of the Brazos River watershed.


"This morning, we don't know what this is going to look like," he said of the unformed water authority.


Early discussions have generally led to a consensus that the easiest legal route is to simply enlarge the water district that governs Lake Palo Pinto. The five board members, who are appointed by the Mineral Wells City Council, would remain on the new authority's board.


Leaders in both counties have discussed adding two voting members from each county. But Huffman on Monday recommended three be from Palo Pinto and one from Parker County.


Huffman said State Rep. Glenn Rogers' chief of staff recommended expanding the board to 13 members, but he asked it be kept to nine.


Rogers, R-Graford, has agreed to file a "shell bill" in Austin to be filled with operational details of the new authority as locals hone them down.


The state representative had yet to file that shell bill Monday.


Both Huffman and County Judge Shane Long emphasized the new entity will not run over the water rights enjoyed by Gordon, Millsap and other communities.


Long was adamant the new entity will not create any new property tax — unless residents vote one in.


All seem to favor creating the entity, to give the growing counties a voice amid larger communities vying for attention during the 88th Legislative Session that opened in Austin on Jan. 10.


"As one, individual voice, we've all been going to the (Texas) Water Development Board in Austin," Huffman said. "We're like little chicks chirping for money. … At some point, we have to take a stand for our region. And everybody needs to be speaking together with one voice. Otherwise, we lose our water."


One of three options presented to commissioners for new water district boundaries: Middle Brazos – Palo Pinto watersheds shared by Palo Pinto, Parker and Stephens counties. Image courtesy of Howard Huffman

• Regional water authority proposed for stronger political voice in long-term water planning, Palo Pinto Press, 26 January 2023, Excerpts. Howard Huffman is campaigning from meeting to meeting to make sure area citizens “have drinking water for the next 100 years.” Huffman is the general manager for the Palo Pinto County Municipal Water District No. 1



• Palo Pinto County Water Supply Plan, by Brazos G Regional Water Plan, 2021, Excerpts. “Moving to a regional water authority makes us big enough people have to start listening,” continued Huffman. “It’s a simple step, we’re already doing the work. We just need Austin to give us a few words of language to put us in a better position… To become a bigger voice, a voice that Austin pays attention to.”


The desire to grab the ear of the capitol comes at a time when the area is facing a potential water crisis. With projects such as Turkey Peak and the aging Hilltop Water Treatment Plant facing a seemingly impossible cost barrier, the cry for advocacy in Austin is resounding.


The area is not without representation, however. State Representative Glenn Rodgers, R- Graford, and Lyle Larson, R-San Antonio, met with the leadership and water planners of Parker and Palo Pinto counties late last year to discuss these issues.


We’ve had attempts over years and years and years and nothing has happened” said Larry Walden, Parker County Commissioner, Precinct 3, “We recognize that by working together we have a much stronger voice.”


• Parker, Palo Pinto counties seek water partnership, Willow Park Civics Blog, 29 December 2022


• Parker, Palo Pinto counties seek water partnership, Yahoo News, Weatherford Democrat, 26 Decemb] Excerpts. Excerpts Excerpt Excerp Excer Exce Exc Ex E r 2022 Excerpts. County commissioners on Monday took no action on a letter supporting legislation creating a two-county water authority with Parker County. Palo Pinto County Judge Shane Long told commissioners that he believes the state representative working on the measure in Austin still supports the plan to achieve a stronger local voice on water issues. “But I believe he is of the opinion it’s got to be a multi-county water district,” Long said of Texas Rep. Glenn Rogers, R-Graford. Precinct 4 Commissioner Jeff Fryer agreed it was premature to sign a letter endorsing the district as it’s been discussed so far — an expansion of the existing district that oversees Lake Palo Pinto, with maybe four new board members chosen by the two county commissioners courts. “He (Rogers) hasn’t gotten us a bill back ... or one that’s finalized,” Fryer said.County commissioners on Monday took no action on a letter supporting legislation creating a two-county water authority with Parker County. Palo Pinto County Judge Shane Long told commissioners that he believes the state representative working on the measure in Austin still supports the plan to achieve a stronger local voice on water issues. “But I believe he is of the opinion it’s got to be a multi-county water district,” Long said of Texas Rep. Glenn Rogers, R-Graford. Precinct 4 Commissioner Jeff Fryer agreed it was premature to sign a letter endorsing the district as it’s been discussed so far — an expansion of the existing district that oversees Lake Palo Pinto, with maybe four new board members chosen by the two county commissioners courts. “He (Rogers) hasn’t gotten us a bill back ... or one that’s finalized,” Fryer said.




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