Issue Position: Water -- Protecting East Texas' Rights

Issue Position

Our water rights in East Texas have been threatened by bureaucratic authority. In 2011, the Texas Commission on Environmental Quality exercised newly granted "emergency" authority from the Legislature to force the City of Tyler to let water flow downstream out of Lake Tyler and Lake Tyler East to cities on the Gulf Coast. TCEQ claimed the drought was causing an "emergency" downstream and therefore its actions were required. However there was no hearing, no due process, and no opportunity for Tyler city officials to examine the evidence prior to the decision. Most water flowing downstream evaporates before it reaches the farthest points and the conservation efforts of those cities claiming the water were questionable. A drought is not like a wildfire, it doesn't happen in a flash. East Texans are concerned for our fellow Texans downstream, but there was ample time to hold hearings and make sure that decisions were being made based upon evidence -- not politics. I filed legislation to require future actions by TCEQ to include due process and an evidence based hearing. The Texas Constitution requires due process before a property right can be taken. Our bill received a hearing and raised the alarm among fellow East Texas law makers. Fortunately, the Farm Bureau had filed a lawsuit which raised the same issue. Thankfully the judge has ruled in favor of due process and property rights. However, TCEQ is appealing. Regardless of the outcome of that lawsuit, we must remain vigilant in protecting our East Texas water rights.

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