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Harlingen residents urge commission to nullify Waterworks agreement amid data‑center fears; legal counsel warns action may be out of commission's authority
Summary
Residents pressed commissioners to nullify a Waterworks agreement tied to a proposed data center, saying long-term contracts could harm municipal control of water; the city attorney said the commission lacks unilateral authority to void the contract.
Several Harlingen residents used citizen communication to press commissioners to rescind an agreement between Harlingen Water Works and RGB Property Group (also referenced as RGVPG/NS Energy), arguing the contract gives developers outsized exit options and risks selling reclaimed effluent water to data centers.
"Nullifying the agreement will send a clear message that it is not acceptable to lie to the commission about such important information," resident Luis Valdespino said, urging commissioners to move the matter to the front of the agenda. Angela Valdespino described recorded property filings and mineral‑rights waivers that she said enable a developer to secure surface access and limit mineral‑rights activity.
Commission debate returned repeatedly to the commission's legal powers. City Attorney Mark advised the body it "does not" have the authority to unilaterally nullify the Harlingen Water Works agreement with RGB Property Group; after discussion commissioners voted not to pursue nullification on that basis. Commissioner Mesmer noted statewide action limiting use of potable water and grid power by data centers, while Commissioner Khamis asked for an executive‑session briefing on related legal options. The commission ultimately declined the agenda item because legal counsel said the action was not permissible.
Commissioners did, however, instruct staff to continue oversight and to bring any available legal pathways back for consideration, and some members urged further public forums so residents can be kept informed about water, reclaimed‑water usage, and related contractual protections.
