Fair Water Texas is calling on all intervenors in Aqua Texas Rate Case 58124 to join other intervenors by filing brief letter supporting the Public Utility Commission Staff’s Appeal of SOAH Order No. 5, which seeks to ensure that customers retain the right to refunds or surcharges once final rates are set. It could be a year or more before final rates are set, so any refunds that might accrue could be significant.
On January 9, 2026, Commission Staff appealed SOAH’s denial of interim rates—an issue that directly affects more than 100,000 Aqua Texas water and sewer customers.
Without interim rates in place, Aqua Texas’ proposed rates will automatically take effect on March 9, 2026, even though they have not yet been reviewed or approved by the Commission. Under current law, those unapproved rates cannot be refunded if later found to be excessive.
Staff’s appeal asks the Commission to implement interim rates so that any over‑collections or under‑collections during the case can be corrected once the Commission issues its final order. This protection is standard in major rate cases and is explicitly authorized by the Texas Water Code and Commission rules.
Fair Water Texas is asking intervenors to join in submitting a short letter supporting Staff’s appeal. The request is simple and does not require intervenors to take a position on Aqua’s proposed rates.
Instead, it asks the Commission to preserve the ability to make customers whole after the final rates are determined.
Intervenors may reply directly to Fair Water Texas by email, and Fair Water Texas will file a single letter indicating your support in the PUC Interchange on Friday, January 16.
Aqua Texas is expected to respond to Staff’s appeal, making intervenor participation especially important to ensure the Commission has a complete and balanced record.
“Refund and surcharge protection is essential for fairness and transparency,” said Joe Gimenez, founder of Fair Water Texas. “Intervenor support will help ensure that Aqua Texas customers are not forced to pay unreviewed rates for months with no possibility of correction.”
Fair Water Texas will continue to monitor the case and provide updates as the Commission considers Staff’s appeal.
For more information or to submit your indication of support, contact: info@fairwatertexas.org
