City of Spofford, Texas Municipal Water System Maxed Out

By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2016

The City of Spofford, Texas City Council held a regular meeting on Monday, April 18, 2016 to discuss their municipal water system and requests to connect additional water meters or lines amidst an audience of 10-15 people.

Mayor Alex Solis called the municipal water system agenda item to order.  Presented to the City Council were two letters, one from the Texas Commission on Environmental Quality (TCEQ) and another from municipal law attorney Charles W. Downing of the Atlas, Hall & Rodriguez law firm in McAllen, Texas, which were publicly read to the City Council and audience.

TCEQ Environmental Investigator Elsa Hull wrote a letter to City of Spofford City Secretary Sara Terrazas on November 16, 2015 that due to the City’s water purchase agreement with the City of Brackettville, Texas, “no further connections can be added to the system unless existing water meters are removed, an alternate source is approved, or the existing purchase contract is amended.” Hull noted that the maximum number of water meters allowed under the water purchase agreement with the City of Brackettville is 67 connections.  Hull added that due to the small four inch water line interconnection from the City of Brackettville to the City of Spofford Municipal Water System “limits the amount of total water that can be purchased” from Brackettville.  City Administrator Sara Terrazas advised the City Council that violation of TCEQ regulations may subject the City of Spofford to fines and sanctions, which can be expensive and cost prohibitive to the tiny rural community in Kinney County, Texas.

City Special Counsel Charles W. Downing of Atlas, Hall & Rodriguez penned a letter to the Spofford City Council and City Secretary Sara Terrazas stating that “TCEQ regulations prohibit any new connections” to the City’s municipal water system due to the limitations of the water purchase agreement between the City of Spofford and the City of Brackettville and current TCEQ regulations.  Downing noted that the City of Spofford already had 68 connections and they could only have 67 connections pursuant to TCEQ regulations.  Downing advised the City Council that the City of Spofford may be sanctioned by TCEQ through an enforcement action and be penalized with a daily fine of $500 to $5,000 and possibly up to $25,000 for noncompliance with their regulations.

Downing also advised City Council that removing old, existing water meters may subject the City of Spofford to lawsuits from real property owners.  Downing unequivocally stated that “in summary, the City could be subject to TCEQ penalties if it adds connections to its water supply system” and “proceed with caution in removing any existing meters, especially if it does so without the owner’s consent.”

Mayor Alex Solis noted that the City of Spofford has researched all alternatives available in adding new water connections, but that the City’s water purchase agreement with the City of Brackettville and TCEQ regulations currently prohibit the City from adding any new water connections without running afoul of the law or risk of being sued.  Mayor Solis noted that his priority has been to preserve and protect the citizens of Spofford their water system and water purchase agreement from the City of Brackettville.

City Secretary Sara Terrazas noted that many Spofford property owners would like to add water connections to the municipal water system, but the City of Spofford is maxed out at the moment and unable to do so without expanding the water system capacity and negotiating a new water purchase agreement with the City of Brackettville.  Any expansion of the City’s water system will cost hundreds of thousands of dollars and possibly increase property taxes.  Mayor Alex Solis noted that the City has had the U.S. Department of Agriculture (USDA) visit the City and review its water system for a possible federal grant.

After further discussion, the Spofford City Council unanimously approved to table taking any action on its current water system dilemma.