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TCEQ denies petition to create Ellis County MUD FM 984, citing inconsistent cost and supply evidence
Summary
The commission adopted the administrative law judge's proposed order with edits and denied a petition to create Ellis County Municipal Utility District FM 984 after protestors and the executive director identified inconsistent and incomplete cost estimates, undersized infrastructure assumptions and unresolved water-supply constraints.
The Texas Commission on Environmental Quality on Nov. 5 adopted an administrative law judge—s proposed order — with edits to certain findings of fact — and denied a petition to create Ellis County Municipal Utility District FM 984.
Protestants represented by Stephanie Albright (Brickerstaff Heath Delgado Acosta) — on behalf of Ellis County and the City of Venus — argued the applicant failed to meet the burden of proof required under Texas Water Code section 54.021. Albright told the commission the applicant presented conflicting and incomplete cost information, relied on post-petition quotes…
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