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Williams' suits dropped vs. mayor, water district in 'water war'
by Rio Grande International Study Center in

by Bob Campbell
Midland Reporter-Telegram
Published: Tuesday, May 11, 2010 8:15 PM CDT
Two lawsuits associated with Midland oilman Clayton Williams' Pecos County water pipeline project have been dropped.

Williams in December and January had filed state and federal suits against Fort Stockton Mayor Ruben Falcon and the Middle Pecos Groundwater Conservation District, alleging Falcon had impugned his reputation for honesty and the water district improperly refused to process his application.

(READ THE STATEMENTS: Mayor Ruben Falcon and Clayton Williams)

Midland attorney Robert Rendall said Tuesday that the first rhubarb was settled when Falcon apologized and the second ended as the district agreed to give due process to Williams' application to pump 42.3 million gallons a day through a $250-$300 million pipeline 100 miles northeast to west of Midland International Airport.

"Mayor Falcon issued a statement of apology and Mr. Williams agreed the two sides will do a better job of communicating with each other going down the road," Rendall said. "Mayor Falcon acknowledged that some of the characterizations he had made could be interpreted negatively.

"The federal suit was dropped when the water district accepted the application because that was the whole reason for filing it."

Rendall said the district will probably start the hearing process in about two months.

Williams said after the suits were dropped that his reputation "is important to me.

"It's hard to do business with people if they cannot trust my word or rely on my handshake," he said. "A reputation for honesty can be as hard to earn as a fortune, and it is more valuable because fortunes can be lost and won again. But once a reputation for honesty is gone, it is gone forever."

Austin attorney Bruce Scrafford said in January that Williams and his Fort Stockton Holdings had spent more than $1 million researching the plan to continue using no more water than Williams is already allocated for irrigation.

Scrafford said four studies in 20 years, including a recent analysis by Thornhill Group hydrologists from Round Rock, proved the Edwards Trinity Aquifer under Williams' 13,000 acre alfalfa farm southwest of Fort Stockton would constantly replenish itself.

Seeking to change the farm's permit from agricultural to out of county transfers for municipalities and businesses, Scrafford said the farm may now pump 47,418 acre-feet of water annually while the city of Fort Stockton will need fewer than 3,500 acre-feet per year for the next 50 years.

Using 42.3 million gallons a day for 365 days would total 15.4 billion gallons, or 47,418 acre-feet, according to references. An acre-foot (water a foot deep more than an acre of land) is 325,851 gallons.

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