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Midland City Council denies 65-lot development over water concerns
Citing legal limits, council unable to block plat despite doubts about groundwater availability
Published on Feb. 27, 2026
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Midland City Council took no action on approving a planned 65-lot residential development in the Antelope Ridge area of southwest Midland, citing concerns over the availability of groundwater in the city's extraterritorial jurisdiction (ETJ). While the developer provided the necessary documentation showing sufficient groundwater, council members expressed doubts about the accuracy of such studies and their inability to require additional information or second-guess the findings.
Why it matters
This case highlights the ongoing challenges Midland faces in balancing development needs with concerns over the region's limited water resources. The city's hands are tied by state laws that restrict its ability to deny plats or require more stringent groundwater studies, even as council members worry about the long-term viability of these developments.
The details
The proposed 225.28-acre development by TAWBAC Development LLC would create 65 single-family lots in Midland's ETJ. While the city's Planning and Zoning Commission recommended approval, the City Council expressed reservations. City staff confirmed TAWBAC provided the required groundwater certification, but council members remained unconvinced, citing past cases where promised groundwater supplies failed to materialize. The city attorney explained the council's limited ability to deny the plat without specific legal justification, despite their concerns.
- On February 24, 2026, the Midland City Council took no action on the 65-lot development request.
The players
TAWBAC Development LLC
The property owner seeking to develop the 225.28-acre site in Midland's ETJ.
Midland City Council
The governing body of the City of Midland that considered the proposed development but ultimately took no action due to concerns over groundwater availability.
Midland Planning and Zoning Commission
The city's planning commission that recommended approval of the 65-lot development request prior to the City Council's consideration.
Nicholas Toulet-Crump
The Midland City Attorney who explained the legal limitations on the council's ability to deny the plat.
Carl Craigo
The Midland Utilities Director who described the challenges of providing municipal water to developments in the city's ETJ.
What they’re saying
“We've discussed this at length with other projects, but the frustration is we're restricted from being able to provide municipal water to these areas, and yet we're being asked to approve this when we have no surety that they will have what they need to be successful.”
— Lori Blong, Mayor (mrt.com)
“The only regulation that the municipality has with respect to a plat in the ETJ is to require the certification of a professional engineer or geoscientist stating that there is sufficient groundwater to service the development. Outside of that, the city and municipality cannot require any additional information, any additional studies, anything. They can't second-guess the studies; if the geoscientist or professional engineer, in their professional opinion, states there is sufficient groundwater, then the city has to take that on face value.”
— Nicholas Toulet-Crump, City Attorney (mrt.com)
“West Texas has a water need, and we don't need to be compelled to pass these when we have concerns about future water availability for some of these areas in the county (and) they've not given us the ability to rule or act on it. We need the legislature to make some changes to support the people who will buy these homes in the future.”
— Lori Blong, Mayor (mrt.com)
What’s next
The developer, TAWBAC Development LLC, would need to file an application to have the land annexed into the City of Midland in order for the city to potentially provide municipal water to the proposed development. However, the council indicated this is an unlikely path forward given the land's lack of contiguity with existing city limits.
The takeaway
This case highlights the ongoing tension in Midland between the need for new housing development and concerns over the region's limited water resources. While the developer followed the legal requirements, the City Council remains frustrated by its inability to deny the plat or require additional groundwater studies, raising broader questions about the role of local governments in managing growth and water supply issues.
