Court authorizes lawsuit over alleged easement violations at high-hazard dam near Axtell

McLennan County approved July 1 a staff request to authorize filing a lawsuit against Bobby Brown and other parties for alleged violations of an easement protecting an NRCS flood water control site (Site 24) in the Axtell area.

County staff described the location as a high-hazard dam because failure would threaten a nearby manufactured-home community and U.S. Highway 84. A staff speaker said county easement terms require a fence and restrict damaging activities, but the fence had been removed and vehicles were driving on the dam crest and slopes, killing vegetation and creating ruts that can lead to erosion of the earthen structure.

Staff said prior outreach, letters and one-on-one discussions had not changed property practices and that their monitoring engineer and dam coordinator had expressed frustration over ongoing activity on the dam. The complaint the court authorized would seek injunctive and equitable relief to stop behavior that staff said is accelerating erosion and to require fence replacement.

The court discussed safety consequences and possible related violations including how the site's onsite wastewater/septic arrangements might not meet county standards for permanent habitation. Commissioners noted a high density of RVs or mobile units near the dam and the risk to residences and the highway if erosion compromises the structure.

The court voted to authorize the county to file suit and directed staff to coordinate further civil enforcement steps and to also request inspections from related regulatory bodies, including On-Site Sewage Facility (OSSF) enforcement and possibly Texas Commission on Environmental Quality, if warranted.