Walnut Grove challenges city's easement proposal

The City of Whitehouse is denying claims by Walnut Grove Water Supply Corporation that an easement agreement between Whitehouse and a landowner in the Walnut Grove service area violates state policy. An attorney on behalf of Walnut Grove sent a cease and desist demand to the Whitehouse City Council following the December council meeting, where proposed terms for an easement for water well #8 were discussed. In lieu of financial compensation, the landowner requested the city install water taps in exchange for right of way acquisition.

"What may sound like a great idea to an engineer trying to save his client money often sounds like a lawsuit about to happen to an attorney," said the letter, which warned the city about trying to provide water service within Walnut Grove's territory.

Drilling the well and constructing water transmission lines through Walnut Grove's ser vice area do not violate Texas Water Code, but serving end-use water customers for compensation inside, without prior TCEQ approval, does.

In a response sent to attorney Mark Zeppa and Karen Blaschke with the TCEQ, Whitehouse city attorney Stephen Evans established that the city's intention was to provide water taps for the landowner who may develop the property. The terms do not include water service.

"The allegation presented in Mr. Zeppa's letter is not supported by the facts," wrote Evans. "The City of Whitehouse is not unlawfully providing any customer water service within the CCN of Walnut Grove, and would not do so unless it had the right or consent to do so."

A copy of the proposed easement terms state that the city would install or pay for the installation of four water taps at locations directed by the owner. The terms go on to say that the city was not attempting to provide service with this agreement, and does not have any agreement to provide water service regarding the property.

The terms allow that Whitehouse could provide water service if Walnut Grove relinquished it rights to serve this tract, but that would be up to the landowner to request.

"We tell everyone up front when dealing with Walnut Grove there will be territorial issues to be resolved," said City Manager Ronny Fite. "We ususally leave that up to the property owner to handle, such as you see here."