It's a water fight

A bill in the Texas House of Representatives has re-ignited a half-century old water fight between Fort Stockton and its "favorite son."

The bill, filed by Rep. Tom Craddick, R-Midland, would create the West Texas Water Supply District, which would allow Midland oilman Clayton Williams to build a $300 million, 110-mile 50-to-60 inch pipeline to carry groundwater from Pecos County to a 20-acre site near Midland International Airport, where it could be marketed to other areas.

The bill gives the district the ability to impose taxes, issue bonds and use the power of eminent domain in claiming land for the pipeline. But Williams said the district wouldn't impose taxes because it only covers the 20-acre site.

"There's a need for water in this region, not just Midland," said Paul Latham, president of Fort Stockton Holdings, the entity owned by the Williams family that owns groundwater in aquifers west of Fort Stockton. "We feel we could fulfill that need."

But folks in Williams' old hometown aren't as enthused. The Fort Stockton City Council, Pecos County commissioners and the boards of the Fort Stockton Independent School District and Middle Pecos Groundwater Conservation District all passed resolutions in special meetings Tuesday asking the area's representatives in the state legislature to kill Craddick's bill.

"They seek to supercede the power of any other water district in West Texas," Fort Stockton Mayor Ruben Falcon said. "It's a dangerous, dangerous bill."

The resolution says Williams will transport 41 millions of gallons of water a day from underneath the 17,482 acres he owns in the Leon-Belding area. The resolution says that would "devastate Pecos County's economy, livelihood and the quality of life of our residents and make the land uninhabitable."

The resolution also takes issue with the bill's authorizing the right of eminent domain for land up to 130 miles outside the district's boundaries. The resolution says such power shouldn't be issued for land more than 20 miles outside the district.

Latham said Williams has offered the city the right to buy a third of the water from the aquifers.

"We all want to be sure that the city of Fort Stockton has adequate water," he said. "That's why we're kind of puzzled."

Additionally, he said the pipeline would give Pecos County and the school district a total of $5 million a year in new tax revenue.

Williams said Wednesday it would mean millions more in capital investment, as well as more than 400 jobs during construction and nearly 200 permanent jobs in Pecos County.

Latham said the groundwater district, which must still issue transport permits for the project, would better understand the project once it hires hydrologists to analyze the reports Williams' team has put together.

Williams said that some of those in government in Fort Stockton were misinformed, and he plans to use studies, which he paid $1 million for, to change that.

"I find the truth just knocks the hell out of bull****," he said.

While the water would mostly be used in Midland, Williams said he has had discussions with Summit Power Group about using some of the water at its proposed $1.6 billion coal gasification plant in Penwell.

Williams' said his plan differs from one proposed by T. Boone Pickens, another legendary Texas oilman, because the aquifer Williams plans to transport from recharges. Pickens wants to send water from the depleting Ogallala Aquifer in the Panhandle to metropolitan areas.

The Ogallala also has numerous other entities in several states removing water from it, while Williams said he calls all the shots with his water.

"People there are worried because all the straws are in the same bucket," he said.

Williams first came to blows over the groundwater in 1954, when the Texas Supreme Court established he had the right of capture in a case involving the Pecos County Water Control and Improvement District. Since then, he has controlled the water, which he says includes 45,000 acre-feet a year in historical use.

An acre-foot, or the water it takes to fill an acre one foot deep, is estimated to provide enough water to support a family of four for one year.

State Rep. Pete Gallego, D-Alpine, said he was working with city, county and groundwater district officials "to make sure their interests are protected."

"I'm sure it will lead to some very interesting conversations," he said.

Williams said he doesn't know if the bill will pass, but, even without legislative backing, the project would move forward.

He said the water is more valuable serving a city like Midland than using it on his alfalfa crops.

"It's a free country and Midland has the need," he said.

Williams said he has investors for $280 million in bonds for the project, which he compares to building a gas pipeline.

"First you have to have the gas, then you get the market, then you get the pipeline to connect them," he said.

But Mayor Falcon said the city was settled around Comanche Springs, first by Comanche Indians and then U.S. Army Calvary soldiers who started the fort the town is named for. And it still relies on the water feeding the springs.

Falcon said the springs run in the fall and winter, but that changes when Williams starts irrigating his farm. He fears it could be more than the springs running dry if the pipeline is built.

"In the spring and summer, it dries up," he said. "It's a simplistic way of looking at it, but it's all we need."