Lawsuit over potential canal damage halts border wall work at Santa Ana Wildlife Refuge
A federal temporary restraining order was granted Thursday to stop border wall construction that allegedly damaged a canal in Alamo, court records show.
The lawsuit was initially filed by the Hidalgo County Irrigation District No. 2 on July 30 in district court against two companies - Spencer Construction, LLC, and Royal Concrete Products, LLC.
Court records show that after an initial temporary restraining order was granted by a district court judge, the case was transferred to federal court on Wednesday.
According to the original lawsuit, both companies trespassed on land owned by the irrigation district as part of border wall construction and damaged a canal on the Santa Ana National Wildlife Refuge.
Photos provided by the irrigation district show border wall materials and heavy machinery along the canal, as well as large divots that the lawsuit claims are causing dirt to fall into the canal.
“If Spencer is permitted to continue construction activities, including excavation, placement of materials, and installation of border wall components, and if Royal is permitted to continue entering plaintiff's property, operating concrete trucks, and pouring concrete, the resulting interference and damage may become permanent and substantially impair plaintiff's ability to operate and maintain its irrigation system,” the lawsuit stated.
The initial temporary restraining order was set to expire Thursday at 5 p.m. The extension means the TRO runs through Aug. 27, 2026.
“The court finds that good cause exists for a short extension… and that an expedited hearing is necessary to prevent the order from lapsing before the court can consider the preliminary injunction request,” the order states.
A hearing on the lawsuit was set for Monday, Aug. 17.
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