The Canadian Record (Canadian, Tex.), Vol. 113, No. 5, Ed. 1 Thursday, January 30, 2003 Page: 4 of 28
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4
THURSDAY 30 JANUARY 2003
'<& doHadiau R] C O] 1
letters
to the editors
Landowners" attorney weighs in on water
Ghost of Ben Ezzell
THE BEST ALL-AROUND weekly newspaper in Texas is The Cana-
dian Record. I say this because of its dedication to provide the reader
with news, almost all the news that's "fit to print."
This newspaper is staffed with dedicated workers who give the
reader a full account of all the activities in Canadian. The Record is
printed on fine quality newsprint, and the circulation gives the adver-
tiser coverage worth its cost.
A few issues back you printed an editorial that was so straightfor-
ward, when I read it, I gasped. I thought Ben Ezzell was back. No other
editorial was so stirring since his departure. It was excellent.
But then I thought for a moment: "No, it's not Ben, he would have
mentioned the advertiser," Anyway, it was a good one.
EDNALL
Oklahoma City, OK
State of the Union
WE CAN ONLY IMAGINE the great duress President Bush was un-
der not only delivering the speech, but also the preparation.
Whether we agree or disagree with his policies, I believe we all got a
look into the soul of our President. He did not allow himself to be ruled
by disorderly emotion instead of ordered reason. He was transparent,
and we listened because he has the right to be heard.
His credibility undergirded and reinforced the content of his mes-
sage. He engendered a bond of trust between himself and the American
people—hopefully other countries, also.
George Bush understands our state of anxiety and impatience as he
himself has brooded over the painful journey to grasp the true meaning
of war. Not only war, but the flagging economy, medical costs, home-
land security, jobs and many other pertinent issues.
I believe our President has moved us beyond temporal matters to
timeless matters.
In closing, where does this leave Nancy P. and the likes? It leaves
them crying in their beer.
DAVID YOUNG
Braying
from
burro
hill
A COLUMN BY
BOB ROGERS
MY ABODE IS receiving a
new hat and I am learning
a new skill: roofing. Off
with the old and on with the,
new. Maybe it will get done
before, the spring thunder-
storms.
The roof is metal so
there will be a pleasant
sound when the one-inch
hail bounces softly off of it.
It is a time of anticipation
for me to wait for the ar-
rival of those, spring storms,
minus the tornadic activity.
Here in the Panhandle we are blessed with the most colorful
and flamboyant thunderstorms, more of them than anywhere in
the state. My thrill is to drive into one, listen to that low everlast-
ing rumble, and marvel at those ribbon-like flashes of lighting
that dance across the heaven. What a light show! It surpasses
any fireworks display.
The spring is one of my favorite times of the year (the others
being summer, fall, and winter). In spring you can look forward
to the new growth of flora in and about your garden, in your yard,
and in the country. Oh, by the way, have I mentioned thunder-
storms?
Early spring out here in the hour of moon when the rains
have flooded the lowlands and bottoms in a downpour and then
slowed to a drone-there's that peaceful symphonic melody. Then
all of a sudden something magical happens. Your ears pick up the
waaaa, waaaaa, waaaaaa of the rainfrog, with an accompani-
ment of the chirping toad and the bass of the bullfrog. What a
wonderment for the ear to behold. May it never change. I spend
hours at this feast for the soul. It is as if you are under a
spell—then as quickly as it started, it fades and is quiet.
A silver lining behind each cloud and gold in the eye of the
toad. What riches abound and are given so freely for each of us to
behold.
I REPRESENT approximately
115 landowners who own approxi-
mately 190,000 acres of contigu-
ous water rights in Roberts and
Hemphill counties of the north-
eastern Texas Panhandle. Ap-
proximately 155,000 acres lie in
Roberts County between Mesa
Water, Inc.'s acreage in the
northwest part of the county and the town of Miami
in the southeast part of the county.
The properties in the northwest and central part
of Roberts County will experience drainage under
the rule of capture when CRMWA, QUIXX and the
City of Amarillo begin to withdraw large quantities
of water to serve their needs. To counter that drain-
age, the Mesa group and my clients are each seeking
a means to market their water before it is drained
out from under them. To facilitate sale of its water,
Mesa has filed a petition to create its own fresh wa-
ter district.
Those who oppose any sale of water from the
county have initiated a petition to forma county-wide
fresh water district.
Heat tends to distort things, and the rhetoric in
Roberts County is becoming heated. Someone is dis-
seminating a rhetorical "County-Wide Questions
and Answers" document in Roberts County that is
shot through with dishonest answers.
The document claims that a fresh water supply
district is necessary to have a water pipeline brought
into the county. It is not. The entities known as
CRMWA and QUIXX, and the City of Amarillo, can
all build pipelines and buy water in the county with-
out benefit of a fresh water district. So can any other
purchaser.
The document claims that the district Mesa Wa-
ter, Inc. seeks to creat is "dangerous" because no
one else could sell into his pipeline. No one can pres-
ently sell to CRMWA and QUIXX, and the City of
Amarillo, unless they decide they need more water.
Likewise, Mesa may need far more water than it
has committed to it in order to attract a purchaser,
and may have to look to other acreage in the county
to supply the difference. My clients who adjoin the
proposed Mesa fresh water district certainly hope
so.
So a county-wide fresh water district will not
guarantee that anyone with water may sell it. Sale of
water depends on three factors: location, quality and
quantity. Those far removed from an inlet meter
who have less saturated thickness may never be able
to sell their water.
The document claims that if the county-wide dis-
trict is created, everyone can sell their water into
"the pipeline" on an equal basis. This is simply not
true.
Again, location, quality and quantity will deter-
mine marketability. The taxes Roberts County resi-
dents pay for the district, if it does build a pipeline,,
will benefit the fortunate few who have the right mix
of factors to be able to sell water.
The document says the district will also enable all
Roberts County residents to "buy water at reason-
able prices." That is false; unless the pipeline will be
a county-wide distribution system bringing water to
every pasture in the county.
The document says "Boone will sue the county" if
his fresh water district is not granted, but that the
county is protected against the costs of litigation by
insurance. Maybe; maybe not. Who knows what
"Boone" will do; or whether an insurance company
will pay.
The documents states that Boone can take his
water to Fort Worth without eminent domain rights
because "Existing right-of-way for gas pipelines,
could probably be cobbled together to allow him to
get to Fort Worth." Natural gas pipeline companies
would probably not welcome heavy equipment up
and down their rights of way laying water pipe.
The last few rhetorical questions and answers
simply slander Boone Pickens with misstatements
about his past and his motives. That is an unfair
thing to do. Mr. Pickens has never made it a secret
letters
to the editors
about his intentions to lawfully sell his water before
it is drained from beneath him, and he has never lied
to anyone in his attempts to attract others to his pro-
ject. In that respect, he is certainly more honorable
than those who drafted the unsigned document con-
taining the misleading and untruthful answers to im-
portant questions about the future of water in
Roberts County.
Here are some facts that are true. The opinions
are mine. It is a fact that the fresh water district pro-
posed by Mesa Water, Inc. will include only land
which its owners want in the district. They believe it
will help them market their water.
It is a fact that the county-wide district will be im-
posed on all landowners, whether they want it or not,
and will not help a bit in marketing water.
It is a fact that there is already a ground water
conservation district in existence that covers Rob-
erts County. In my opinion, there is no need for a
second county-wide district.
It is a fact that Mesa, and my clients, can and will
opt out of any county-wide fresh water district so
that any such entity will have no jurisdiction over
them.
It is a fact that the supporters of the County-wide
district have said they will use the district to prevent
any sale of water outside Roberts County. There-
fore, the county-wide proposal is a rues. The stated
purpose of the county-wide district is to fund, build
and operate a pipeline as a "participatory democ-
racy," but Seth Davidson and other promoters of the
project admit that the pipeline will never be built
and their only purpose is to deny Mesa Water, Inc.,
the legal and logistical basis to sell its water.
It is my opinion that the mere denial of the exer-
cise of private property rights is not a fit or proper
purpose behind the creation of any public entity.
It is a fact that the county-wide district will re-
quire Roberts County landowners to pay taxes to
support an office and staff.
It is a fact that the statutes authorizing such an
entity empower the directors of the entity to set
rules and regulations for the district and their office.
It is my opinion that directors of a county-wide dis-
trict with no pipeline and nothing to do will look to
expand their jurisdiction into irrigation wells and
windmills, municipal water supply, sewage systems
and other areas that "don't need fixing." In other
words, a farmer or a rancher drilling, deepening or
using a water well can expect to look over his shoul-
der and find a county-wide fresh water district direc-
tor telling him whether he can do it or not.
It is my opinion that such a district will have no
purpose, it will not be able to prevent the sale of Rob-
erts County water, and it will take on a life of its own
fed by the taxes it may impose. While it may not be
factual to state that if the district is created it will im-
mediately become involved in litigation with Mesa
Water, Inc., it will certainly be involved in litigation
should it attempt to control or prevent water sales
when those with water to sell find a buyer.
It is my opinion that litigation is very, very ex-
pensive. It is also my opinion that if the district is not
properly promulgated, its directors may be individu-
ally liable for its actions.
Finally, it is my opinion that life will go on, cattle
will graze, ranches will be bought and sold, Roberts
County will remain a nice, place to live, and people
will get along just fine, regardless of whether Mesa
or others sell or don't sell their water. It will just cost
a little more in taxes to live there if a county-wide
fresh water district is created.
RONALD D. NICKUM, Attorney At Law
313 W. 15th Street, Amarillo, LX
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Ezzell, Nancy & Brown, Laurie Ezzell. The Canadian Record (Canadian, Tex.), Vol. 113, No. 5, Ed. 1 Thursday, January 30, 2003, newspaper, January 30, 2003; Canadian, Texas. (https://texashistory.unt.edu/ark:/67531/metapth220564/m1/4/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Hemphill County Library.