TCEQ Considers Request for Emergency Order Requiring Water Service

On November 5, 2008, the Texas Commission on Environmental Quality considered attorney Trey Wilson's Request for Emergency Order. The Request, filed on behalf of R L Wilson P.C. Law Firm Clients Carl Parker and Carolina Ruiz, requested that the TCEQ intervene in the dispute between these law firm clients, and the East Rio Hondo water Supply Corporation. The dispute arouse when ERHWSC terminated our clients' water service based upon refusal to grant an easement. Although the Texas Property Code grants Water Companies the right to condemn, ERHWSC decided that -- instead of spending the money associated with a condemnation proceeding -- it would simply terminate our clients' water service. The TCEQ Commissioners sided with Trey Wilson, and issued an Emergency Order compelling ERHWSC to provide Parker and Ruiz with continuous and adequate service. In its Order, the TCEQ found that there exists no justification for termnination based upon an existing water customer's refusal to grant an easement. AIn addition to the TCEQ proceeding, we have filed suit against ERHWSC on behalf of the Parkers and Mrs. Ruiz. The case is set for trial on May 11, 2009. The trial willl occur in Brownsville, cameron County, Texas.