Temporary restraining order upheld in lawsuit over border wall construction at Santa Ana wildlife refuge
A federal judge is keeping a temporary restraining order in place to prevent border wall construction at a wildlife refuge in Alamo.
U.S. Magistrate Judge Juan Alanis on Monday said the restraining order will remain in place until Aug. 27 and set another hearing on the lawsuit for Aug. 26.
As previously reported, the lawsuit was originally filed in district court by the Hidalgo County Irrigation District No. 2 on July 30 against two companies - Spencer Construction, LLC, and Royal Concrete Products, LLC.
Shortly after the restraining order was initially granted, the federal government joined the lawsuit as a third-party defendant, and the case was transferred to federal court.
In the lawsuit, the irrigation district claimed a canal in the refuge was damaged by border wall construction.
PREVIOUS COVERAGE: Lawsuit over potential canal damage halts border wall work at Santa Ana 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.
During Monday’s hearing, Assistant U.S. Attorney Lance Duke — who is representing the federal government — said they needed more time to establish documentation and an abstract of title to determine if the land the canal sits on is federal property.
“We own this land; there is some confusion in ownership,” Duke told Alanis. He declined to comment after the hearing.
Lance Kirby, the irrigation district’s attorney, said the land belongs to the county.
Ruben Peña, the attorney representing the construction companies, said if the abstract title proves the county owns the land, “then it’s a question of eminent domain that the government will then be required to pay fair market value to the irrigation district. That’s all there is to it.”
Peña added that the construction companies are taking their orders from U.S. Customs and Border Protection.
Denisse Carreon, a spokesperson for the non-profit group We the People RGV, attended the hearing. She said the potential damage to the canal would negatively affect the food chain in the Rio Grande Valley as the canal provides water to thousands of acres of crops in the area.
“It’s going to disrupt everything,” Carreon said. “It’s important that we protect our irrigation canals, and those levees need to be left alone to protect us from flooding, especially during hurricane season. What’s going to happen when the river overflows?”