Corpus Christi council defies legal advice, sends industrial drought surcharge ban to voters

Corpus Christi council defies legal advice, sends industrial drought surcharge ban to votersIn a victory for local activists, the Corpus Christi City Council voted to place the Fair Water Amendment on the November 2026 ballot, rejecting the interim city attorney's argument that the measure is a state-restricted "climate charter." If passed, the amendment would eliminate drought surcharge exemptions for large industrial water users, fundamentally shifting the financial burden of water conservation.

The Fair Water Amendment gathered 12,788 verified signatures, easily surpassing the requirement to force a ballot measure.

Interim City Attorney Buck Brice advised that the amendment qualifies as a "climate charter" under Texas SB 1860, which would require state legislature approval before a public vote.

The amendment targets a 2018 policy allowing large industrial users to pay a flat $0.31 per 1,000 gallons year-round to avoid steep drought surcharges of up to $12 per 1,000 gallons during emergencies.

City Manager Peter Zanoni warned that eliminating the industrial exemption fee could create a $6 million annual revenue shortfall that might be passed on to residential ratepayers.

After intense public comment and legal debate, the Corpus Christi City Council voted on August 11 to place the Fair Water Amendment on the November 2026 ballot. The decision rejected the recommendation of Interim City Attorney Buck Brice, who argued the measure should be blocked from the ballot under a recent Texas law restricting local environmental policies. The Fair Water Amendment aims to repeal a 2018 city policy that grants large industrial water users an exemption from drought surcharges. Under the current structure, heavy industry pays a flat fee of $0.31 per 1,000 gallons year-round. In exchange, they are exempt from emergency drought surcharges that can reach up to $12 per 1,000 gallons during severe water shortages. Activists and residents who gathered 12,788 verified signatures for the petition argue the exemption removes any financial incentive for industry to curtail water use during droughts. Brice advised the council that the amendment qualifies as a "climate charter" under Texas Senate Bill 1860. The state law prohibits municipalities from holding elections on comprehensive environmental or climate policies without prior approval from the Texas Legislature. Brice argued that because the amendment mandates water use controls and surcharges to change consumption behavior during recurring droughts, it constitutes a climate measure. However, council members ultimately sided with the petitioners, deciding that blocking the vote would be an undemocratic overreach. "I cannot disregard what our charter says, and I can't stretch the truth to make this climate change," said Councilmember Gil Hernandez, despite stating he personally opposes the amendment's underlying policy because it embeds fixed rates into the city charter. The potential financial fallout of the amendment was a major point of contention. City Manager Peter Zanoni noted that the current industrial exemption fee generates approximately $6 million annually. Zanoni and some council members warned that if the amendment passes and the exemption is eliminated, the city could face a revenue shortfall that might have to be absorbed by residential and commercial ratepayers to fund the city's ongoing $1 billion water supply diversification program. The measure will now go before voters in a special election on November 3, 2026. However, city officials acknowledged that the council's decision to bypass the state legislature's approval process opens the city to likely legal challenges from industrial stakeholders prior to the election.