VanDeaver introduces bill that seeks to remove Marvin Nichols Reservoir from state water plan
By Stevon Gamble
Texarkana Gazette, January 28, 2025
A pair of bills filed Monday in the 89th session of the Texas Legislature seek to delete a contentious reservoir from the state water plan for Northeast Texas.
Rep. Gary VanDeaver, R-New Boston, introduced House Bills 2109 and 2114 “to help block the further development and land grab of the proposed Marvin Nichols Reservoir,” according to a news release.
House Bill 2109 would require the executive administrator of the Texas Water Development Board to remove a proposed reservoir from a state water plan if construction has not begun within 50 years.
Marvin Nichols, which would be located along the Sulphur River in Red River and Titus counties, has been included in the Region D water plan for possible development since 1968. Along with Red River and Titus, Region D includes Bowie, Cass and 15 Northeast Texas counties.
VanDeaver represents District 1, which lies within Region D.
“It is unreasonable to think that the state has the right to call ‘dibs’ on private property to be taken at some point more than 50 years in the future. We see an entire generation of landowners who are afraid to build a house, a barn or make other long-range plans because the state has laid claims to their land to be taken if future needs require it,” VanDeaver said.
House Bill 2114 would prevent engineers who have been involved in the preparation of a state or regional water plan from participating in the construction of a reservoir.
“I believe this bill is a common-sense approach to ensuring that we are not creating conflicts of interest by allowing a firm to have a strong voice in recommending which projects should be pursued and then allow those same firms to collect millions if not billions of state dollars for overseeing the completions of those projects,” VanDeaver said.
Carollo Engineers is working with Region D on its water plan.
Marvin Nichols reservoir was first included in the state water plan as a way to ensure the water supply for Region C, which encompasses Dallas and other cities in North Texas. If constructed, it would flood more than 66,000 acres.
The amount of land needed to replace the acres lost — a process called mitigation — is undetermined. However, opponents of the plan, including an organization called Preserve Northeast Texas, estimate mitigation would take in another 200,000-plus acres.
In 2023, during the 88th Texas Legislature, VanDeaver filed a bill amendment that would require a feasibility study of the Marvin Nichols project. The amended bill passed, triggering a series of informational meetings.
One meeting was held in October 2024 in Pittsburg, Texas. It drew a packed crowd to the Region 8 Education Service Center for an opportunity to speak on a Texas Water Development Board draft report on the feasibility of the Nichols project.
While opposing Marvin Nichols, VanDeaver said he is interested in exploring water development that does not infringe on property rights.