Fair Water Texas has submitted formal testimony in PUC Docket 58124, outlining widespread service quality problems across Aqua Texas systems and urging the Public Utility Commission to require accountability before approving any rate increase. The document can be downloaded here.
Fair Water Texas founder Joe Gimenez explains that although he is not an Aqua Texas customer, he is testifying on behalf of dozens of intervenors statewide who have asked for assistance navigating the case. As the testimony states:
“Fair Water Texas represents and supports dozens of Aqua Texas customers who are intervenors in this case… My participation is therefore directly tied to the interests of Aqua Texas customers who are parties to this proceeding.”
A Statewide Pattern of Service Failures
Intervenors from multiple counties report the same recurring issues:
- Low or fluctuating pressure
- Repeated boil‑water notices
- Brown or discolored water
- Taste and odor problems
- Delayed response to outages
- Lack of system‑specific investment
These concerns are supported by filings in the case, including:
- Shady Hollow Estates (Hood County): At least two boil‑water notices in 12 months and no visible improvements despite monthly “System Improvement Charges.”
- The Resort at Eagle Mountain Lake (Tarrant County): Residents documented water quality issues, capacity concerns, and requests for TCEQ investigation.
- Aqua Texas’s own operating data: Pressure readings as low as 51 PSI, chlorine residuals ranging from 0.20 to 3.16 mg/L, and repeated zero‑production days for multiple wells.
These problems mirror legislative correspondence from affected communities, showing long‑standing dissatisfaction and limited remedies through TCEQ or the PUC.
Aqua Texas Provides Data—But No Solutions
A central theme of the testimony is that Aqua Texas’s responses to Requests for Information show no system‑specific commitments to address the deficiencies customers experience.
For example:
“Environmental requirement drivers will continue to be the primary driver of infrastructure investment…”
This means customer complaints about taste, odor, pressure, or reliability are not primary drivers of investment decisions.
Similarly, Aqua Texas confirms it may seek Alternative Capacity Requirements (ACRs)—a regulatory mechanism that allows utilities to avoid building additional capacity even when customers experience low pressure or outages.
And despite detailed operational data showing underperforming wells, pressure instability, and chlorine fluctuations, Aqua Texas provides no corrective action plans, no timelines, and no system‑level commitments.
The Core Issue: Fungibility of Corporate Revenue
The testimony highlights a structural problem created by statewide rate consolidation:
“Once Aqua Texas collects the money, nothing in the record requires them to spend it where the problems actually are.”
Under consolidation:
- Profitable systems can subsidize corporate priorities
- Underperforming systems may continue to deteriorate
- Customers have no assurance their payments will improve their own system
This is the heart of the concern raised by Fair Water Texas and intervenors statewide.
Recommendations to the Commission
Fair Water Texas urges the Commission to condition any rate increase on meaningful accountability, including:
- System‑specific performance improvements (pressure stability, chlorine consistency, fewer boil‑water notices).
- Required investment plans for systems with documented complaints.
- Transparency in how consolidated revenue is allocated.
- Customer notification of planned improvements in their specific system.
These measures do not undo consolidation—they make it accountable.
Why This Matters
Aqua Texas customers across Texas have repeatedly sought help from TCEQ, the PUC, and the Legislature. The testimony shows that the problems are not isolated—they are systemic.
This rate case gives the Commission an opportunity to require Aqua Texas to address long‑standing service deficiencies before collecting higher rates from customers who already struggle with unreliable water service.
Fair Water Texas will continue supporting intervenors and ensuring their experiences are clearly documented in the record.
