Author: Preserve Northeast Texas

By Jason Vaughn

Dallas Observer, June 28, 2023

Opponents of the Marvin Nichols Reservoir were looking to have it removed from the state’s water plan this legislative session. That didn’t happen, but the reservoir foes walked away with a small win when, earlier this month, Gov. Greg Abbott signed House Bill 1, approving the state’s budget. It includes a feasibility study of a reservoir that’s meant to serve Dallas-Fort Worth’s future water needs.

Janice Bezanson, senior policy director for the Texas Conservation Alliance, an advocacy group focused on preserving wildlife, said the study won’t likely end the Marvin Nichols Reservoir, but it could be a helpful nail in the coffin. She and others have been trying to kill this reservoir for decades. They say the reservoir would devastate local economies, schools and wildlife in Northeast Texas, all issues that could be considered in the feasibility study.

The state budget says the study should look into the timeline, associated costs, land acquisitions and the economic impact of the reservoir.

The Marvin Nichols Reservoir would flood at least 65,000 acres of land across Red River and Titus counties, about 135 miles northeast of Dallas. Federal law requires that additional land — known as mitigation — be set aside for wildlife disrupted by the reservoir. No one has offered an exact number, but the estimate is that another 130,000 acres will be taken for mitigation.

WIth DFW’s population headed toward around 14.7 million by 2070, proponents of the reservoir say it will be needed to serve the growing population.

Some Northeast Texans, however, say there are other ways to meet these water needs that should be considered. They say there’s more to be done with conservation of DFW water, water reuse and techniques like desalination that could help meet the demand.

Aside from all of that, though, Bezanson and others say it just doesn’t make sense to build a reservoir that would cause so much destruction to Northeast Texas. This is what she and others hope the feasibility study will show.

The footprint of the reservoir is largely in State Rep. Gary VanDeaver’s district. He initially wanted the study to be added to the Texas Water Development Board sunset bill but it didn’t make the cut. Instead, he was able to get it added to the state’s budget. The study will have to be finished by January 5, 2025, the start of the next legislative session. The findings will be sent to the governor and to the legislative budget board.

“Roughly 66,000 acres of private land would be used to build this reservoir, but at least an additional 130,000 acres of land [would be] taken out of production and out of private hands,” VanDeaver said in April. “This would make the proposed Marvin Nichols Reservoir one of the most expensive public works projects and one of the largest land grabs by eminent domain in Texas history.”

Bezanson said she and others will be providing their input as part of the study. “This isn’t definitive. This isn’t what’s going to ultimately decide this,” she said. “But it’s an important step because it’s an opportunity to shed light on some of the impacts and negative aspects of this reservoir that haven’t gotten the official attention it needs to make an informed decision.”

In the meantime, she said opponents of the reservoir will continue advocating for water conservation, particularly in the area of lawn watering.

For water planning, the state is divided into 16 regions. Every five years, these 16 regions submit water plans to the state. North Texas is in Region C, and Northeast Texas is in Region D. These regional plans help determine the state’s overall water plan. According to The Dallas Morning News, outdoor water use makes up 35% of the state’s total single-family outdoor water use.

“We wind up in a situation where we’re taking people’s productive land and livelihoods and homes away from them so people can water their lawns in the Dallas-Fort Worth area,” Bezanson said. “That’s something we hope will come out in the study.”

She said she wants DFW to have the water it needs but wants the region to use the water efficiently and choose options that have lower impact than building a new reservoir.

Jim Marshall, a children’s physician at the Cooks Children Medical Center in Fort Worth, owns a cattle ranch in Cuthand, Texas, an area the reservoir would cover. He said the future looks bright now that the state will be taking another look at the reservoir. “It appears to me that the entire project is going to have to be looked at with a modern eye,” Marshall said.

He thinks this study will take a more critical look at the potential displacement of people and disruptions to local economies the reservoir could cause. “I think it’s a very, very good step in the right direction,” he said.

“One way or the other, people need water,” Marshall said. “I think if we sit back and reconsider a shallow, destructive lake in light of other things we could do like take it from lakes that exist and desalination and purchasing water from other states, which is another consideration, we might find just a better way to suit everybody’s needs, just like a family sitting around talking through some planning or problem they have. So I think this is a real step forward for everybody in Texas.”

Originally posted on the Dallas Observer.

By Steven Gamble

The Texarkana Gazette, June 25, 2023

State orders feasibility study of disputed reservoir 

The $321 billion, biennium Texas budget has caused a ripple in the debate over a reservoir planned for Northeast Texas.

Gov. Greg Abbott signed House Bill 1, or the General Appropriations Act, into law on June 18. Paragraph 28 under the section on the Texas Water Development Board lays out an assignment for the board.

“The Texas Water Development Board shall evaluate the feasibility of the proposed Marvin Nichols Reservoir project to be located on the Sulphur River and upstream of the confluence of the White Oak Creek in Franklin, Titus and Red River counties,” according to the bill.

Gov. Greg Abbott signed House Bill 1, or the General Appropriations Act, into law on June 18. Paragraph 28 under the section on the Texas Water Development Board lays out an assignment for the board.

Read the full article on The Texarkana Gazette.

By Mary Madewell

The Paris News, June 11, 2023

By Jess Hardin

The Fort Worth Star-Telegram, June 9, 2023

The new state budget includes a victory for opponents of Marvin Nichols Reservoir, the proposed 66,000-acre impoundment in northeast Texas that would provide water to the Metroplex.

After extensive advocacy against the project by Preserve Northeast Texas, a campaign formed in 2021, the budget will include a provision that requires the Texas Water Development Board to conduct a feasibility study by 2025. It would also give opponents, including conservationists, ranchers, farmers and timber processors, more opportunity to state their case.

The study would analyze a timeline, costs, land acquisition considerations and the economic impact of the project along Sulpher River.

Texas Comptroller Glenn Hegar certified the 2024-25 state budget on Wednesday; the $321.3 billion appropriations bill now heads to Gov. Greg Abbott’s desk.

The Marvin Nichols Reservoir project would flood thousands of acres of bottomland hardwood forest in Cuthand, 30 miles southeast of Paris and about 150 miles from the Metroplex.

Since 2000, the water region that includes DFW and the one that would include Marvin Nichols have fought over the necessity of the reservoir and when it would be built. The state’s 2022 water plan pushed up the project’s anticipated completion date by 20 years, from 2070 to 2050, galvanizing the latest campaign against the project.

In testimony, which referenced and distributed Star-Telegram reporting in February about the proposed reservoir, opponents of the project explained it’s not the only option for satisfying DFW’s future water needs.

“If this $5 billion project were the only way for the people of DFW to get water they’re going to need, that would be one thing. But, fortunately, that isn’t the case,” Janice Bezanson of Texas Conservation Alliance said in her testimony before the Texas House Natural Resources Committee in March.

In February, Abbott commented on the project and told CBS 19 in Tyler that all avenues should be explored before “taking people’s lands or flooding property that’s been around for literally centuries.”

Jess Hardin covers growth and development. After graduating from Georgetown University, she completed a Fulbright grant in Georgia (the country) and did a brief stint of federal service in whistleblower protection. Jess comes to Fort Worth after helping launch digital news start-up Mahoning Matters in the wake of the closure of The Vindicator in Youngstown, Ohio. Send tips to jhardin@star-telegram.com or via Twitter to @jesslhardin.

​​AUSTIN – The Texas Legislature passed, and Governor Abbot signed HB1, the State Budget, which included language to study the feasibility of the Marvin Nichols Reservoir and deliver findings to the Legislative Budget Board and the Governor by January 5, 2025, the start of the next Legislative Session. 

State Rep. Gary VanDeaver, whose District encompasses much of the footprint of the proposed reservoir, had originally proposed the study as an amendment to the Sunset Bill for the Texas Water Development Board. He later ensured that the study was added to the budget. 

“Roughly 66,000 of private land would be used to build this reservoir, but at least an additional 130,000 acres of land [would be] taken out of production and out of private hands,” he said at the time. “This would make the proposed Marvin Nichols Reservoir one of the most expensive public works projects and one of the largest land grabs by eminent domain in Texas history.” 

The language the budget specifically states “…the Texas Water Development Board (TWDB) shall  evaluate the feasibility of the proposed Marvin Nichols Reservoir project… The review shall analyze the  implementation timeline, associated costs, land acquisition considerations, and the economic impact of the proposed project.” 

This study addresses key concerns of eminent domain and practicality raised by state leaders, including Governor Abbot and State Senator Charles Perry, a leader on water issues in the Legislature.  

When Governor Abbott was asked specifically about Marvin Nichols Reservoir by a Tyler news station, he said: “…we must explore other options before we start taking people’s lands or flooding property that’s been around for literally centuries.” 

State Senator Charles Perry has repeatedly expressed skepticism of the feasibility of reservoirs to meet our state’s water needs. In a Senate hearing where Marvin Nichols was raised by Northeast Texas residents, he said: “…I want them [reservoirs] out of the water plan if they’re not going to produce water for us. We can’t, we can’t depend on something that’s not going to happen … It’s been on the books for 30, 40 years, and just now having a conversation … it takes way too long to put one up.” 

Advocates who have been calling on lawmakers to remove Marvin Nichols from the State Water Plan are encouraged by the feasibility study and believe it acknowledges the controversial and unrealistic nature of the Marvin Nichols Reservoir. 

“I’m so pleased lawmakers heard our pleas and are calling on the Texas Water Development Board to take a critical look at this controversial plan,” said Dr. Jim Marshall who testified in front of lawmakers against Marvin Nichols. “We are grateful that Representative VanDeaver pushed for this study and is putting the plight of Northeast Texans front and center for lawmakers. I look forward to participating in this study and doing all I can to ensure it leads to the ultimate removal of this devastating reservoir from the State Water Plan.” 

By Jess Hardin

The Fort Worth Star-Telegram, April 18, 2023

In the fight against the proposed Marvin Nichols Reservoir, state Rep. Gary VanDeaver proposed an amendment Tuesday to require a feasibility study of the project by 2025.

VanDeaver, R-New Boston, proposed the study as an amendment to the Texas Water Development Board Sunset Bill, which expires every 12 years and establishes the terms of the agency’s continued operation.

The Marvin Nichols Reservoir project would flood 66,000 acres of bottomland hardwood forest in Cuthand, 30 miles southeast of Paris, to provide water to the growing Metroplex 150 miles away.

“This would make the proposed Marvin Nichols Reservoir one of the most expensive public works projects and one of the largest land grabs by eminent domain in Texas history,” said VanDeaver.

Rep. Terry Canales, D-Edinburg, spoke against the amendment, saying it should be a standalone bill or study.

“This is not the place for it,” said Canales.

The Texas House opted to table the amendment in favor of a clean bill.

Janice Bezanson of Preserve Northeast Texas, a group fighting the reservoir, said the group plans to testify about the issue before the Senate Committee on Water, Agriculture and Rural Affairs when the bill does there.

This legislative development comes two months after Gov. Greg Abbott told CBS 19 in Tyler that all avenues should be examined to meet water demand.

“There are water needs, whether it be in the Dallas area or even in the Tyler area,” Abbott said. “But what we must do, we must explore other options before we start taking people’s lands or flooding property that’s been around for literally centuries.”

Jess Hardin covers growth and development. After graduating from Georgetown University, she completed a Fulbright grant in Georgia (the country) and did a brief stint of federal service in whistleblower protection. Jess comes to Fort Worth after helping launch digital news start-up Mahoning Matters in the wake of the closure of The Vindicator in Youngstown, Ohio. Send tips to jhardin@star-telegram.com or via Twitter to @jesslhardin.