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By Elena Torres
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Local News Facebook X WhatsApp Email HARLINGEN — Wastewater production charts show the Harlingen WaterWorks System should be able to meet the stipulations of a contract requiring the agency provide a data center developer as much as 4.6 million gallons of treated sewer water a day, General Manager Marie Leal said. The contract tied to Eneus Energy’s proposed 1,780-acre data center campus outside Harlingen’s city limits requires WaterWorks provide a maximum of 4.6 million gallons of reclaimed water by 2030, according to a schedule based on the premise the data center would go into operation this year. In September 2025, WaterWorks’ board of directors, based on the recommendation of then-interim General Manager Roy Rodriguez, unanimously voted to enter into an agreement which would provide RGV Property Group as much as 4.6 million gallons of reclaimed water a day in exchange for $1.2 million a year. Under its terms, the contract requires WaterWorks supplement potable water in cases in which reclaimed water would run short of the 4.6 million-gallon mark. According to the schedule based on the proposed data center’s build out, the contract requires WaterWorks provide 0.5 million gallons of reclaimed water, with potable water as a “backup supply,” in the fourth quarter of 2026; 1.3 million gallons of water in the fourth quarter of 2027; 2.7 million gallons of water in the fourth quarter of 2028; 4.1 million gallons of water in the fourth quarter of 2029, leading up to 4.6 million gallons in the fourth quarter of 2030. According to the contract, WaterWorks produces about 5 million gallons of reclaimed water a day. But Leal, who took over as the agency’s general manager in late September, said reports show WaterWorks produces an average of about 5.5 million gallons of treated sewer water a day, while flows continue increasing as the city’s population grows. Based on her review of wastewater reports from 2020 into 2026, WaterWorks produced more than 4.6 million gallons of treated sewer water through most of that period, Leal said, adding the agency fell short in December, January and February of 2020-2021, with 4.4 million gallons; in December of 2021-2022, with 4.40 million gallons; in February of 2022-2023, with 4.36 million gallons; and in February of 2023-2024, with about 4.6 million gallons. During 2024-2025 and 2025-2026, WaterWorks produced more than 4.6 million gallons each year, averaging about 5.5 million gallons a day, Leal, who took over as the agency’s general manager in late September, said. Meanwhile, resident Erin Dahl said her review of the 2023 period found WaterWorks fell short of 4.6 million gallons of treated sewer water on 152 days during the year. “In 2023, recorded effluent plus reclaimed-water flow was below 4.6 million gallons per day on 152 of 365 days,” an emailed message said. A review of WaterWorks’ wastewater production charts spanning 2018 through May 2025 found Aug. 4, 2024 marked the last day the agency produced less than 4.6 million gallons of treated sewer water during that period. “Our effluent has gone up substantially — 5 to 6 million gallons a day,” Leal said. “The usage of water has gone up. The reason for that is population (growth).” As WaterWorks and Eneus Energy negotiated the contract in July 2025, John Metz, Eneus Energy’s senior vice president of engineering and project development, apparently questioned whether Waterworks could provide potable water as a backup supply, an email exchange shows. “We want to make this available to our partner/buyer and an option or backup to the treated wastewater,” Metz wrote to David Sanchez, the agency’s past assistant general manager, in a July 14, 2025, email. “What can HWWS provide to confirm that the water will be available …?” In response, Sanchez wrote, “Go ahead and formulate that request, but potable currently is not an issue. It is the reclaimed that we have limited supply of.” In her review of the email, Leal said WaterWorks produces a limited amount of reclaimed water while producing high volumes of potable water. Under the agreement, RGV Property Group would pay WaterWorks 75 cents per 1,000 gallons of reclaimed water and $1.2 million a year if it averages more than about 4.6 million gallons per day at the end of a year. While the contract offers RGV Property Group a rate of 75 cents per 1,000 gallons of reclaimed water, it would charge the company the city’s commercial rate of $1.83 per 1,000 gallons, charged to customers within the city limits. For months, residents have called on city commissioners to launch a legal review of the contract while arguing the agreement could sell off the city’s drinking water along with reclaimed water for as long as 50 years. The agreement would run “20 years from the commercial operations date and, unless otherwise terminated in accordance with the terms of this agreement, shall automatically be extended for two additional terms of 15 years each,” the contract states. “Notwithstanding anything stated herein to the contrary, the parties agree that the contract quantity of water will be sourced first from reclaimed water,” the contract states. “In the event and to the extent that the quality of the reclaimed water fails to meet the requirements specified in this agreement, or WaterWorks is prevented from providing reclaimed water due to the failure to satisfy any regulatory requirement applicable to WaterWorks, then WaterWorks will make available to RGVPG such sufficient quantities of potable water to meet RGVPG’s requirements up to but not exceeding the contract quantity or water.” The contract also requires WaterWorks to sell reclaimed water at a specific “quality” complying with the Texas Pollution Discharge Elimination System permit’s “concentrations and conditions.” “RGVPG will have the right to reject any reclaimed water that fails to meet the quality specified …,” the contract states. “If variations occur from the maximum parameters …, WaterWorks shall supplement with potable water until the reclaimed water is under the maximum levels… .” Under the contract, WaterWorks’ requirement to provide water could be limited by events such as “acts of God,” drought, hurricanes, floods, fire and material shortages. 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