Comanche Trail Pipeline construction delayed until December

Update:

Federal Judge Frank Montalvo signed off on an agreement between the pipeline company and the water district that will extend the temporary restraining order until Dec. 7.

The water district must complete several tasks, according to the agreement. El Paso Water Improvement District must visit the site of its San Elizario canals to report any specific concerns with safety or engineering. They must then relay the information to Comanche by Monday. Comanche is then responsible for address those concerns in an attempt to reach a solution.

The irrigation district and Comanche will meet again on Nov. 28 to discuss the concerns.

Original:

The battle over the construction of the Comanche Trail Pipeline continued in federal court Friday.

The plaintiff, Comanche Trail Pipeline LLC, filed a motion with presiding Judge Frank Montalvo to dissolve the temporary restraining order placed on its construction.

On Nov. 8, Montalvo signed an order to cease work immediately on the pipeline. This came after the United States filed a motion to prevent further construction, stating, “Comanche Trail Pipeline, LLC, its officers, directors, agents, servants, employees, and contractors from entering upon any right-of-way, irrigation structure, real estate, or other property interest of the United States of America or El Paso Water Improvement District No. 1 for the purpose of commencing the construction or installation of its natural gas pipeline under the Franklin Canal in El Paso, Texas.”

The intervenor, United States, feared that the installation of the pipeline at a depth of 10 feet under the Franklin Canal could result in collapse of the canal or damage to the pipeline, the El Paso water supply, or persons in vicinity of the pipeline. The order stated, “Such damage would be irreparable as the water could not be recovered and loss of life cannot be restored.”

Montalvo signed the order on Nov. 8, stating a hearing would be scheduled on Nov. 14 at 9 a.m. to consider the issuance of a preliminary injunction.

Nov. 9, Comanche Trail Pipeline LLC, filed an emergency motion to dissolve the temporary restraining order and request an immediate hearing on the motion to dissolve. The company met with the court on November 10, but did not take up the motion to dissolve the the order.

The court recessed to allow the parties to discuss settlement and, after the recess, reset the preliminary injunction hearing from Nov. 14 to Nov. 18, so both parties could work out a potential settlement.

While on recess, the United States responded to the company’s motion to dissolve the restraining order. The response stated, “The plaintiff (Comanche Trail Pipeline, LLC) and its affiliates have quickly moved through the state courts to condemn real property to complete its pipeline with little, if any, oversight.” The response went on stating, “The Government had previously sought to stay deadlines to ‘move, plead or otherwise respond’ pending its review of the pipeline project. Given that the parties had been litigating for almost a year; that the government’s property rights could be affected; and that the County’s water supply is critical, the request was reasonable.”

On Friday, the two parties met on the fourth floor of the Federal Courthouse in Courtroom 422 at 9 a.m. The witness and exhibit list included four witnesses for the defense, however no one took the stand to testify.

Montalvo called the attorneys into the jury room to deliberate behind closed doors. The party members were then called into the discussion. After meeting with the judge, both parties conferred with their clients. The attorney representing the pipeline company, Thomas A. Zabel, then called out to the attorney for the Water Improvement District, James Speer, requesting time to “chat.”

Both parties deliberated until around noon.

Speer would not talk on camera, however he did say both sides were scheduled to present an order to the judge by 4 p.m. Friday.

Although he would not comment on what would be on the order, he did say the case would be extended.

Updates to come.