TCEQ approves creation of Brahman Ranch MUD for Ellis and Johnson counties, grants road powers and appoints temporary directors

The Texas Commission on Environmental Quality on June 18 approved the petition to create the Brahman Ranch Municipal Utility District in Ellis and Johnson counties, granted the district authority to acquire road powers and appointed five temporary directors to serve until permanent directors are elected and qualified.

The commission adopted the administrative law judge's proposed order with the changes recommended in the ALJ's reply to exceptions and added provisions appointing Abraham Achar, David Moore, Madeline Mitchell, Chigbo Ekweme and Kayla Caldwell as temporary directors. The order requires the temporary directors to execute official bonds and take the official oaths of office as soon as practicable after the date of entry.

Ellis County, represented by Stephanie Albright of Bickerstaff Heath Delgado Acosta, opposed the petition and urged denial. "The applicant has presented unsubstantiated cost that are underestimated by more than 70% with water facilities that are undervalued by over $6,000,000 and wastewater facilities that are undervalued by $8,800,000," Albright told the commission, urging the commission to find the application failed to meet its burden under Chapter 54 of the Texas Water Code.

Petitioners' counsel James Reese said the construction estimate for the wastewater treatment plant was based on an actual bid by the AUC group and defended the reasonableness of the application. "To say that it was just somehow not reasonable is just really ignoring the evidence," Reese said in rebuttal.

The executive director's representative, Kayla Murray of the environmental law division, and the Office of Public Interest Counsel (OPIC), represented by Pranjal Mehta, both recommended adopting the ALJ's proposal for decision, concluding the applicant met the statutory criteria that a MUD be feasible, practicable, necessary and beneficial to the land.

Commissioners discussed an omission in the ALJ's order — the appointment of temporary directors — and directed that the order be modified to include findings and ordering provisions to accomplish those appointments. The motion to adopt the revised order passed on a voice vote; the commission did not record an individual roll-call tally in the public transcript.

The order directs the named temporary directors to post bonds, take oaths and file those records with the district. The commission also granted the district authority to acquire road powers as requested in the petition.