A deal brokered in the dark

Published by the Longview News Journal online Feb. 27, 2025

The details of a plan to sell the water from Lake O’ the Pines to the Dallas metroplex are deliberately murky.

Northeast Texas Municipal Water District (NETMWD) began negotiating in earnest with the Dallas metroplex’s North Texas Municipal Water District (NTMWD) in June of 2023 when their administrators executed a nondisclosure agreement.

What we can piece together using a bit of common sense, leaked documents and official statements is this: For it to work, NTMWD, comprised of Frisco and nine other sprawling suburbs, wants lots of water (100,000 acre feet), that costs relatively little ($490 per acre foot), to pump a long ways (85-110 miles). That equates to a huge transfer of not only water, but control from our district and basin— forever.

Despite the enormous consequences, this deal is being brokered in the dark. It would prioritize the metroplex’s future over our own and put our region at risk during droughts.

It might work in times of plentiful rainfall, but there is no excess water in times of drought, such as 2011.

According to the Caddo Lake Institute’s detailed engineering projections, “The historic low lake level in Caddo would have been another foot lower had this sale been in place” (based on only diverting 65,000 acre feet of water). That may not seem like much, but it is. The average depth of Caddo Lake is only six feet.

Over allocating and moving water out of the basin would dry up the ongoing steady development of East Texas. It would undo the environmental, economic, and recreational purposes for which the dam was built and the district was formed.

So why did it take 18 months of confidential negotiations before a word about the sale was printed on an agenda? Why were the presentations to the city councils planned for closed sessions?

Was it to keep East Texans from imagining the prospect of the metroplex draining down Lake O’ the Pines way below the boat ramps like Cooper Lake? Was it to avoid public discussions of scientific studies about the inflows and outflows of the basin? Was it to hide harming the only natural lake in Texas? Was it to maximize the amount of water sold?

That would be a strategy you would expect from a power broker or a politician. Less conspicuous would be an administrative professional whose career has been spent in planning, communications and governmental affairs for big city water interests, like NETMWD general manager, Wayne Owen.

Having negotiated the deal, NETMWD planned to present it to the decision makers of the seven cities in executive sessions. There enticing delicacies would be served—a stream of revenue, $1.6 million per year for 30 years, from the sale of water rights to the metroplex. (What city diet could not use a bigger budget?)

This stratagem may work if the directors and the city councils see themselves as economic saviors of their small towns and do the deal in the dark before the unfathomable costs of selling water rights are studied and debated in sunlight.

Mr. Owen set the table. His delicacies were prepared to be served to the seven cities last December (and still may be). Thankfully watchful eyes peaked at the next course on the menu, which made them sick enough to tell others.

Solomon warns us when we sit down to eat with a power broker or miser, to carefully consider what is before us; not to desire his delicacies nor eat them. Then he explains why—his delicacies are deceptive and his heart is not with you (Proverbs 23:1-7).

Mr. Owen does not want us to count the high costs of confining our future development and harming our neighbors around Lake O’ the Pines and downstream on the Big Cypress Bayou and Caddo Lake. He wants the directors and city councils to salivate on the dainties set before them.

Instead the NETMWD decision makers should push away from this table; end confidential negotiations; prioritize regional water sales in such quantities that are environmentally safe, economically beneficial for both parties and include limitations during droughts.

If this deal is done, Mr. Owen will no doubt return home to the metroplex to enjoy accolades and consulting fees from the water community for pioneering the first of many pipelines into East Texas to save the metroplex. Better if he would return now. His heart is not with East Texas.

NETMWD needs leadership from stewards who will not mislead, nor be misled, and won’t sell out.

— David Simpson, an Avinger resident, is a former member of the Texas House of Representatives for District 7 representing Gregg and Upshur counties.