Texas Tribune
State’s premature release of bid documents touches off new battle over Medicaid contracts
by By Karen Brooks Harper, The Texas Tribune – 2024-04-26 17:27:27
SUMMARY: Aetna, poised to secure a multibillion-dollar Texas Medicaid contract, inadvertently received rivals' sensitive bids early due to a state agency error. HHS wouldn't comment but acknowledged the mistake. This premature disclosure may have compromised the fairness of a $116 billion, 12-year procurement process. Competitors argue that the mistake benefits Aetna unfairly and call for a redo. Eight insurers have protested the tentative awards, surprising many who saw long-established plans dropped for new entrants. Superior Healthplan, facing a $900 million contract loss, has taken legal action for transparency. The controversy raises issues about procedures for government contracts, with accusations of an unbalanced bidding process and consequential impacts on Texas Medicaid recipients.
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Aetna, which is set to win a multibillion Texas Medicaid contract, got a peek at sensitive information submitted by 17 rival health plans during the bidding process after the state Health and Human Services agency erred and sent competitors' proposals to the health insurance giant too early, according to emails and documents obtained by The Texas Tribune.
Neither officials with HHS nor those representing Aetna's Medicaid division – Aetna Better Health Texas – would discuss the matter with Tribune. But the agency confirmed the error in emails it sent to Aetna and others earlier this year, according to a court filing in Travis County this week.
The court documents include the state agency's own admission to the insurance bidders that the release of the information to Aetna was in error.
“The PIA copies were sent to you in error as this procurement is still in the open stage,” reads a Jan. 12 email to Aetna from a legal assistant for the agency, referring to redacted copies of the bids required by the Texas Public Information Act. “As a courtesy, would you please destroy the copies? Once the Notices of Award are issued, we will provide the PIA copies to you.”
The early release of documents throws into doubt the legitimacy of a procurement worth about $116 billion over the next 12 years because it gave a single competitor a look at the other bidders' playbooks while the procurement game was still on, several bidders argue.
“One of the basic tenets of procurement law is that a procuring government entity must ensure a level playing field for all respondents,” attorneys for Superior Healthplan wrote in an April 19 protest letter to HHS. “This procurement utterly failed in that regard, among others.”
Superior Healthplan stands to lose its $900 million contract if the new Medicaid bids are finalized, a move expected later this year.
The competing bidders who are complaining about Aetna's potential unfair advantage say the responsibility for that imbalance lies with the state, not with Aetna, which made a legal and publicly available request for the documents through the proper channels.
But at present, Aetna Better Health Texas is set to win seven new Medicaid contracts once the state finalizes its awards, which were announced March 7. Because records related to the bid evaluations are largely being withheld by the state, it is unclear whether or how any of that information might have been used during the decision-making process.
So far, eight insurance plans have filed protests in response to the state's intent to award the new six-year contracts to Aetna and other winners, one of which is brand new to Texas Medicaid. Each of those contracts can be extended up to a total of 12 years.
The list of winning bids shocked many in the health care community because it dropped three Texas children's hospital-affiliated plans — in Fort Worth, Houston and the Rio Grande Valley — in favor of competitors new to either the region or the state Medicaid programs. It also gutted the coverage areas of some long-standing for profit plans, including WellPoint and Superior.
On Wednesday, Superior Healthplan asked a Travis County district court to compel Texas HHS to release scoring, evaluation notes, audio and video and other records related to the procurement, signaling a contentious battle ahead.
The ‘error'
Medicaid in Texas provides health insurance for more than 4 million people, mostly mothers and children. HHS manages the program but pays contractors to handle individual billing and payments to medical providers.
Each time the state has to reassess and collect new bids from companies that will actually issue insurance coverage to these residents, it can bring a cutthroat battle between companies and the state over who will win those multibillion contracts.
As part of any contract process, companies routinely look for advantage. And one way is by filing open records requests to a state agency to get a handle on what competitors are proposing.
It's a perfectly legal move to request the documents through public information channels, and the onus is on the state to determine if it's appropriate to release them.
But during this STAR/CHIP contracting round, those documents were released before the bid winners were announced – and indeed before the competitors had even been interviewed by the state's evaluation teams – and that has resulted in the losing companies crying foul.
The Aetna request was made in August, long before the awards were announced last month, emails between Aetna representatives and Texas Health and Human Services show.
One other Medicaid contract bidder received the same records in October, but Aetna was the only bidder to receive them while the companies were still presenting their cases to the evaluation team. Another requestor, a research clearinghouse with no affiliations to any bidders, received the records in August as well.
Oral presentations — hours-long interviews before a panel of evaluators that were part of the scoring process — did not conclude until mid-October.
In January, HHS notified all three companies to “destroy” the documents because they were “sent to you in error as this procurement is still in the open stage.” The email said that once the state announced who they intended to award the contracts to the following month, they would re-release those documents.
Curiously, the error was made despite two Texas attorney general rulings that stated the agency had grounds to hold records private until after the procurement process because releasing them could unfairly affect the outcome.
HHS officials said the records contained no confidential information but declined to comment further.
“The agency's misconduct created an unlevel playing field that advantaged one competitor to the detriment of all others in this procurement for the largest state contracts in Texas,” Superior attorneys wrote in the April letter. “The only appropriate remedy is to cancel … and start over. Any other response would simply be a waste of taxpayer dollars and government resources in a misguided attempt to defend HHSC's indefensible actions.”
Aetna declined to comment specifically on the release of the records or the procurement.
“While we defer to the state of Texas to comment on its procurement process, we remain confident in Aetna's ability to deliver excellent service and value across these Medicaid contracts,” according to a statement emailed to the Tribune by an Aetna spokesperson.
New contracts, new battles
In March, Texas HHS announced its intentions to drop children's health plans that are run by three legacy children's hospitals and award the majority of Medicaid STAR and Children's Health Insurance Program contracts to national for-profit health chains.
More than a week ago, two major children's hospitals that had previously held Medicaid insurance plan contracts but lost them this round, announced they would likely have to shut down those programs if the deals are signed.
Some 1.8 million Texans who receive Medicaid coverage from six managed care organizations – the health insurance providers that actually issue the coverage – across the state would lose their current health plans and be shifted to new insurers next year if the decision is finalized.
Lawmakers, angered at the plight of the children's Medicaid plans, have called on HHS to delay the procurement so that they could strengthen laws governing the process and better protect high-quality legacy plans.
Officials with managed care organizations, or MCOs, who lost contracts said they were troubled by the possibility that information they had assumed would be kept private until the end of the procurement process could have been used to compete against them.
“We are aware of this situation and are deeply concerned about the questions this raises about the process,” officials from Cook Children's Health Plan said in a written statement.
Officials at Driscoll Health Plan, which is likely to shut down if it loses its long-standing Texas Medicaid contracts, said they were stunned to learn that one of its competitors had gotten a look at their bid proposals while the plans were all still being evaluated.
They have already filed a protest saying that the new scoring system used in the evaluation phase was unfair, arbitrary, and did not take into account legally required quality measures, among other failures.
“For this procurement attempt to be riddled with so many substantive failures — including the failure to meaningfully evaluate the actual, historic performance of health plans and the failure to involve local community and stakeholder feedback in the selection process — that we believe the process is already fundamentally flawed,” said Craig Smith, Driscoll Health Plan's president and CEO, in an emailed statement. “To now add such serious questions as to the procedural integrity of the procurement attempt, we believe unequivocally that it is due time to set this attempt aside.”
If the procurement is negated, it would be the third failed attempt in six years by Texas HHS to award contracts for the Medicaid programs that encompass the vast majority of state health insurance's low-income Texas recipients.
If it stands, it would mean a reduction in the number of MCOs that administer STAR and CHIP, a shift toward for-profit companies in most areas of the state, a smaller number of top-rated plans administering care, and the introduction of new national plans to regions historically served by local MCOs.
Among those who would be affected are a collective 700,000 families, pregnant women and children covered by Cook Children's Health Plan in the state's Tarrant service area, Texas Children's Health Plan in the Harris region, and Driscoll Health Plan in South Texas, all which formed when the CHIP program was created two decades ago.
Why so many contractors
Texas Medicaid STAR and CHIP programs cover the cost of routine, acute and emergency medical visits. STAR is primarily for pregnant women, low-income children and their caretakers. CHIP provides health care to low-income children whose family's income is too high for Medicaid, which has some of the lowest income limits in the country. Their members compose the vast majority of Texans on state Medicaid programs.
HHS contracts with health plans to provide, arrange, and coordinate preventive, primary, acute care, behavioral health, non-emergency medical transportation, and pharmacy covered services for pregnant women, newborns, children, and parents with limited income.
The state's privatized Medicaid program divides the state into 13 service areas, and multiple contracts are awarded for each service area so enrollees can have a choice of plans, as required by federal law.
Texas law allows three two-year renewals on the six-year Medicaid STAR and CHIP contracts, which are combined into a single service contract so that every MCO that gets a STAR contract also gets a CHIP contract. After the contracts have been in place 12 years, HHS must run a new procurement.
The last completed STAR/CHIP procurement was in 2012.
When the health plan companies submitted bids beginning in 2022, they included redacted “Public Information Act” versions, or PIA copies, of their proposals in their application packets. The PIA copies are required per state law that mandates such information be made available to the public.
Companies were advised from the start that they should not include information in the PIA copies that they do not want released to the public.
But the state's request for proposals did not specify when that information might be released. Texas law does not say explicitly that the state may not release the proposals while the competitors are still being actively evaluated or before the awards are announced.
Attorney General Ken Paxton's office gave HHS the authority to withhold procurement documents in two rulings last year specifically on the STAR/CHIP procurement — once in June and once in October.
Paxton said the state has the right to withhold procurement-related documents while it was still open “if a governmental body demonstrates that release of the information would harm its interests by providing an advantage to a competitor or bidder in a particular ongoing competitive situation.”
Two months after the first ruling, in late August, HHS released thousands of pages of redacted bid proposals by the 18 health plans to Aetna, according to emails contained in this week's court filing.The companies' oral presentations — hours-long, in-person interviews and presentations that were scored alongside the proposals as part of the overall evaluations — weren't scheduled to end until Oct. 13.
The redacted copies that were released to Aetna contained answers to a list of technical questions posed to bidders as well as written arguments for why each company believed they should get or keep a contract.
The bids include sensitive information including company business and marketing strategies or what innovations the bidder has made in dealing with provider shortages — any and all of which can be discussed during the oral presentations.
Shortly before the orals came to a close in October, Paxton's office issued the same ruling in response to a new inquiry by HHS. But a few days after the companies' oral presentations were done, the agency released the redacted proposals to an attorney for the Houston-based Texas Children's Health Plan.
Then in January, HHS attempted to claw them back from Aetna, TCHP and Health Management Associates, a health care consultancy and clearinghouse that routinely requests procurement records and also had received them in August.
Even without a state law regarding the timing of public information releases, the Texas Administrative Code instructs the state to “provide for consistent and uniform management and procurement and contracting processes,” in a “fair consideration of proposals.”
Scorned health plans argue that sending the competing bids, even the redacted ones, to a single competitor halfway through the procurement process runs counter to both of those ideas.
“HHSC's disclosure to Aetna of its competitors' proposals before the oral presentations and while the evaluation of proposals was ongoing destroyed any semblance of a level playing field and gave Aetna an unfair competitive advantage,” Superior attorneys wrote in the company's protest.
Superior is taking HHS to court over the agency's refusal to release dozens of additional records Superior officials requested in March and April after the contracts were announced — including audio and video of the oral presentations, scoring notes and meeting minutes, the identity of the people on the scoring teams who made the decisions, internal communications regarding the evaluation process, and similar information.
Superior argues that because the state already announced who would win the contracts, the competition was over and the records could no longer affect the outcome.
HHS, meanwhile, has asked Paxton for yet another opinion, this time regarding Superior's request, arguing that the additional records would interfere with the negotiations, with potential litigation, or with the evaluation process should the procurement be canceled and the competitors forced to go through it again.
The current fight over public records in government contracts is not a new one to HHS. The agency's record of refusing or delaying release of public information related to Medicaid contracts triggered a lawsuit in November of last year.
Wellpoint, a long-standing contractor of HHS, sued the agency over the $10 billion STAR+PLUS program and what the company, formerly known as Amerigroup, described its lack of effective due process in procurement and barriers to information that is legally public.
Wellpoint's lawsuit also claims that the agency has withheld documents even after the Texas Attorney General directed HHS to produce them.
The agency uses the state's open records law as both a sword and shield – delaying bidders' access to critical information and evidence, and then summarily dismissing protests without proper consideration or justification because the protester failed to provide the very evidence that HHSC itself is withholding,” the lawsuit stated.
Disclosure: Amerigroup has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Tribune
Two political advisers plead guilty in Cuellar bribery case
by By Jasper Scherer, The Texas Tribune – 2024-05-09 12:33:09
SUMMARY: Two political consultants are set to plead guilty to laundering over $200,000 in bribes with U.S. Rep. Henry Cuellar. Court documents reveal their agreement to assist the Justice Department's case against Cuellar, who, along with his wife Imelda, was indicted for accepting nearly $600,000 from Azerbaijan and a Mexican bank. Cuellar supposedly influenced U.S. Treasury policies to benefit the bank. The consultants, who may face 20 years in prison and heavy fines, were reportedly involved in a project that was a front for channeling money to Cuellar, bypassing financial disclosures. Cuellar maintains his innocence.
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Two political consultants agreed to plead guilty to charges that they conspired with U.S. Rep. Henry Cuellar to launder more than $200,000 in bribes from a Mexican bank, according to recently unsealed court documents that show the consultants are cooperating with the Justice Department in its case against the Laredo Democrat.
Cuellar, a powerful South Texas Democrat, was indicted with his wife Imelda on charges of accepting almost $600,000 in bribes from Azerbaijan and a Mexican bank. The indictment, unsealed last week, accuses Cuellar of taking money from the commercial bank in exchange for influencing the Treasury Department to work around an anti-money laundering policy that threatened the bank's interests. Cuellar allegedly recruited his former campaign manager, Colin Strother, and another consultant, Florencio “Lencho” Rendon, to facilitate the payments, according to court records.
Rendon and Strother both struck plea deals with the Justice Department in March, in which they agreed to cooperate in the agency's investigation of the Cuellars. They each face up to 20 years in prison and six-figure fines for charges of conspiracy to commit money laundering.
The plea deals, which were first reported by the San Antonio Express-News, allege that Cuellar first asked Strother to meet with Rendon in February 2016 to “participate in a project to test and certify a fuel additive made by a Mexican company … so that it could be sold in the United States.” Rendon told Strother he would pay him $11,000 a month for the project, $10,000 of which Strother would pass on to Imelda Cuellar, according to the plea agreements.
Rendon paid Strother a total of $242,000 from March 2016 to December 2017, nearly $215,000 of which Strother then paid to Imelda Cuellar, the documents allege. Strother concluded the project was “a sham,” according to his plea deal, because neither Rendon nor Imelda Cuellar “did any legitimate work.” Strother “understood that the true purpose of the payments” was to “funnel money” to Henry Cuellar without the Laredo Democrat having to reveal it in his annual financial disclosures.
Cuellar has asserted his innocence, releasing a statement Friday in which he said his actions were “consistent with the actions of many of my colleagues and in the interest of the American people.”
This story is being updated.
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Texas Tribune
Texas to pay landowners for damage caused by border crime
by By Alejandro Serrano, The Texas Tribune – 2024-05-09 12:05:39
SUMMARY: Texas Attorney General Ken Paxton announced a new program providing compensation for U.S.-Mexico border landowners for damage by migrants and smugglers. The program, established under Senate Bill 1133, offers reimbursements up to $75,000 and requires a police report of the incident. Landowners have 90 days to file a claim for events between September 1 and May 6. The state has allocated $18 million for this year and next. Paxton criticizes President Biden's policies for the influx of migrants causing property damage, and the application process is available online.
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Attorney General Ken Paxton on Thursday opened a program that will reimburse landowners along the U.S.-Mexico border for damage to their land and property caused by migrants, smugglers and drug traffickers.
Landowners have 90 days after an incident to file a claim, which requires a written police report documenting the damage. The state will compensate up to $75,000 for damage to things like a barn or a fence, Paxton's office said in a written statement that blamed President Joe Biden's administration for the problem.
“This program will provide needed relief to Texans whose property is damaged by foreign aliens waved into the country by the federal government,” Paxton said in the statement. “I am glad to help the farmers and ranchers on our borderlands who bear the costs of Biden's destructive policies.”
Property damage caused by migrants crossing through private property — such as cutting through fences as they make their way north — has been a constant problem for border-area landowners for decades. Private property is sometimes damaged when human smugglers try to evade authorities and crash their vehicles into fences or structures.
Landowners can apply online and should expect correspondence via email, according to the attorney general's office.
The Legislature last year approved a law, Senate Bill 1133, to create the program, which appropriated $18 million in state money for the fund for this year and next year.
Land damage before Sept. 1, when SB 1133 went into effect, is not eligible for the program. Landowners have 90 days to file claims for any damage to their land between Sept. 1 and May 6.
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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Tribune
TCEQ to vote on Lake Ringgold reservoir near Wichita Falls
by By Alejandra Martinez, The Texas Tribune – 2024-05-09 05:00:00
SUMMARY: The Texas Tribune reports on Wichita Falls' controversial plan to build a 16,000-acre reservoir, Lake Ringgold, to address water scarcity during droughts, exacerbated by climate change. Ranchers in Clay County oppose the lake, fearing it would inundate their properties and disrupt cattle grazing, including land held since the 1880s and locations with deep sentimental and family heritage value. Wichita Falls' Public Works Director, Russell Schreiber, argues that the reservoir would provide essential water storage. Despite a decrease in the city's population and a judge's recommendation to deny the permit due to the lake's excessive scale for the actual need, if approved, eminent domain may be used to obtain necessary land for the project, provoking significant local resistance. The Texas Commission on Environmental Quality is set to vote on the permit.
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HENRIETTA — One rancher said the proposed reservoir would cut through her property and flood areas of her ranch she needs to graze cattle. Another said it would flood ancestral lands that have been in his family since the 1880s. Another said his kid's childhood home, where many family memories were made, would be underwater.
They traveled to Austin last year to voice their opposition to a 16,000-acre reservoir that the city of Wichita Falls wants to build in Clay County, approximately 30 miles east of the city. City leaders have applied for a state permit, arguing that building Lake Ringgold is vital to help the city avoid running out of water during droughts, which climate change has made more common and more intense.
The Texas Commission on Environmental Quality, the state's environmental agency, will vote on the city's permit on Friday. If the city is granted the state water rights permit from TCEQ, it would next need to apply for a permit with the U.S. Army Corps of Engineers; the city needs both a state permit and a federal permit for the project.
The seeds for the Lake Ringgold plan began about three years after Russell Schreiber took a job as the director of public works for Wichita Falls in 2008. A severe drought struck the area in 2010 and lingered for years, nearly draining the city's two reservoirs: Lake Kickapoo and Lake Arrowhead. Schreiber faced the nearly impossible task of finding water during one of the worst droughts to ever hit North Texas.
“It was very devastating,” Schreiber said, remembering how Lake Arrowhead, the city's primary water reservoir, and its other reservoirs came close to drying up.
When Wichita Falls hit a Stage 5 drought, the highest of the stages that's considered a “drought catastrophe,” the city issued water restrictions banning all nonessential water use like refilling swimming pools, using sprinkler systems and washing cars.
From July 2014 to July 2015, the city tried something new: direct potable reuse, a water recycling process that purifies waste and sewer water using a filtration system. The system allows the filtered water to be immediately used as drinking water.
Schreiber said at the time the city exhausted nearly every option to reduce water use, and managed to reduce the demand on the two reservoirs by 75%. But it wasn't enough, and the reservoirs reached an all-time low of 20% of capacity.
This prompted city officials to dust off plans for a new reservoir that's been considered since the 1950s.
“We're the only water supply for the whole North Texas region,” Schreiber said, referring to nearby communities like Olney, Burkburnett, Electra and a dozen others that get water from the same reservoirs. “And it's our job to ensure that there's adequate supply for this region.”
Reservoir project brings concerns from ranchers
After the drought finally ended in 2017, the city applied for a water rights permit with the state to build the Lake Ringgold reservoir.
The reservoir would be formed by building a dam on the Little Wichita River approximately half a mile upstream from its confluence with the Red River and downstream from Lake Kickapoo and Lake Arrowhead.
The reservoir would cost $443 million to build and could hold 65,000 acre-feet of water per year. (An acre-foot of water is enough to cover one acre to a depth of one foot.)
The city would need 24,000 acres of land for the reservoir site, which includes the lake, pump station facilities and transmission line to send water to treatment facilities in Wichita Falls. The city owns approximately 6,662 acres of the land needed for the reservoir, but would still need to acquire the remaining land through purchase or eminent domain. Opponents of the project say it would force more than 25 Texas ranching families to sell all or part of the land.
On Monday, the Little Wichita River's current was aggressive. Much of Texas had experienced heavy rainfall the week prior, and the river's waters ran red with sediment, surrounded by green bushes and trees. Swallows, a common songbird in the area, glided from underneath a bridge to the trees and back.
Less than 5 miles away, Deborah Clark, a cattle rancher in Clay County, said a portion of her land would be seized through eminent domain if the project is approved. Clark has spent decades raising cattle through regenerative agriculture, a practice that draws visitors to her ranch from around Texas to witness the dance between her livestock and the land as her herd of about 5,000 steers moves from one side of her 12,000-acre ranch to the other.
Clark says letting the cattle roam — rather than letting them graze on a single parcel of land — prevents them from putting too much stress on one area and promotes better overall soil health and diversity.
“We use the entire ranch, not just a little piece,” she said.
In December, she spoke against the project during a seven-day contested case hearing before a state administrative judge in Austin, along with many other neighbors.
After the TCEQ issued a draft permit for Lake Ringgold in 2019, Clark and other local residents, along with environmental groups like the Texas Conservation Alliance, disputed that decision, which triggered the contested case hearing — a formal legal proceeding where parties present evidence and arguments regarding a specific environmental permit application.
At the hearing, they argued that Lake Ringgold would harm agriculture in the area and force landowners to sell the city their land.
After the hearing, the judge recommended that the TCEQ deny the city's request to build Lake Ringgold, saying the project was too big for what the city's shrinking population needed. While the city has projected a population increase to 120,000 by 2070, Wichita Falls' population has dropped from 104,000 to 102,000 since 2010, according to the latest U.S. Census.
Clay County rancher's land could be taken and flooded
About 15 minutes away from Clark's ranch, Shane Cody, 54, and his wife Casey, 51, stood in front of their country-style brick home with their dog Blue. It was a picturesque scene, the branches of two oak trees converging into an arc around them.
The couple has owned the 185 acres surrounding the house since 2005, but the land wasn't always this taken care of, according to Cody.
When they bought it to build their dream home — something Cody had promised his wife when they married six years before — the land was filled with mesquite trees, which are not great for cattle. Cody knew he had to remove them because the couple wanted to start a family cow/calf operation.
Cody bought an old bulldozer with a grubber and got to work. For two years, he spent evenings and weekends removing mesquite trees, brush, and roots. He also planted Bermuda grass.
“We put our blood, sweat and tears into this place,” Cody said.
Cody taught their three boys to take care of cattle and hunt deer on the property. During the pandemic, when the world was in lockdown, he even installed a zip line behind the house.
“This is where the boys grew up and learned to be men,” Cody said.
Cody said that now his work, livelihood and family memories tied to his home are at stake. In his office, he pulls out three manilla folders from a filing cabinet, takes out a map of the proposed Lake Ringgold and lays it out on his desk. If Lake Ringgold is built, it could come within feet of the back door of their home, inundating his backyard and, he fears, possibly cutting off their only way to escape the property during a flood.
Less than 20 minutes away, Brent Durham, 61, rode his four-wheeler through waist-high native tallgrass prairie. His property, which is approximately 5,000 acres, is blooming with red Indian blanket, yellow common sunflower and pink Indian paintbrush. Scissor-tailed flycatchers soared across the vast land.
One of the reasons Durham moved to rural Clay County 12 years ago was to experience the wildlife in the area. He raises livestock like cows and sheep on his property.
Part of the land has been in his family since the 1880s. Durham still has the old deeds. His mother spent part of her life on the land and so did his great-grandmother.
If Lake Ringgold is approved, approximately half of his property would be underwater.
“That's why the lake is so sad. This entire pasture would be gone,” Durham said. “I'm pretty sure [the city] could care less. They don't care, they're displacing all of us. ”
Durham has stage four colon cancer that has spread to his lung. He's been on and off chemotherapy since 2021. He said he doesn't have much longer to live, but he thinks of his teenage daughter who lives with him as well as his eldest son, who has a home on the property too.
“I'll be dead way before they construct the lake. But they want to stay here,” he said.
He said the lake would ruin his ability to make a living through grazing livestock.
Meanwhile, back in the city, Schreiber, the public works director, defended the proposed reservoir project.
“If I've got two glasses of water half full sitting on the table, I've got a certain amount of water to use, right?” he said. “If I've got three glasses of water half full, I've got more water to use, right?
“That's the reason reservoirs are built,” he added. “They're built to store floodwaters for use later. You dam up the river and you create an impoundment that stores that water for people to use at a later time.”
Disclosure: Arrow has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.
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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
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