
AUSTIN — District Judge Gisela D. Triana of Austin has ruled in favor of landowners who would have their land condemned and taken if the proposed Marvin Nichols Reservoir were built and a timber company whose business depends on logging in the Sulphur River Basin. The landowners and timber company had filed suit against the Texas Water Development Board (TWDB), challenging TWDB ’s finding that no interregional conflict exists between the Region C Water Plan and the Region D Water Plan.
The state develops its plan for the use of surface and groundwater through a regional water planning process, with the state divided into 16 regions. The Region D area is comprised of all or part of 19 counties in Northeast Texas. Region C includes all or part of the 16 counties surrounding Dallas and Ft. Worth.
The Region C Plan, which proposes ways to meet water needs for that region through the year 2060, recommends construction of the 72,000-acre Marvin Nichols Reservoir project, to be located in the Region D area. The Region D Plan strongly recommends against building Marvin Nichols Reservoir and states that it would be an interregional conflict for any region to propose the Marvin Nichols Reservoir because of the adverse impacts on crucial farming and timber resources in the region.
Under Texas law, it is the responsibility of the Texas Water Development Board to resolve such conflicts. TWDB, however, had stated that no conflict exists. Judge Triana disagreed. Judge Triana ruled that TWDB approval of the Region C Plan must be reversed and remanded back to TWDB “for further consideration not inconsistent” with her ruling.















