Exclusive: East Texas Senator Nichols Defends Controversial Vote

Ashby, Ward Respond

Greg Ritchie

Messenger Reporter

HOUSTON COUNTY –  Sen. Robert Nichols has long been regarded as a steady advocate for East Texas, a lawmaker who prided himself on putting rural interests first. But his recent vote to strip a two-year moratorium from House Bill 27 — a measure designed to pause large-scale groundwater pumping — stunned Houston County residents fighting to protect their aquifer.

The Messenger reached out to Nichols, who agreed to answer questions about the controversial moves in the Texas Senate. Nichols, who is retiring at the end of his term, says the choice was agonizing but necessary.

“I know some people may disagree, but I had 60 seconds to make a decision,” Nichols said. “Either take out the two-year moratorium or lose the vote and see the whole bill go down. I thought the study was important. Half a loaf is better than none.”

The legislation, carried in the House by Rep. Cody Harris, initially contained a moratorium on new commercial well permits while studies could be conducted. It passed the House with broad bipartisan support. But once in the Senate, Nichols said, lobbyists hired by water companies had days to work senators, sowing confusion and doubt.

“By the time we got to the hearing, I could read the body language,” Nichols recalled. “I didn’t have the votes. And if you don’t have the votes, the entire bill can collapse.”

To many East Texans, the vote felt like betrayal. Without the pause in drilling, any studies would have been done while wells were already being drilled. Nichols counters he was trying to salvage what he could. 

“I really hated to vote for that amendment,” he said. “But it was a commitment I made to get it out of committee. If I hadn’t, there would have been nothing. No bill. No study. Nothing.”

Nichols also cast the fight as part of a larger tug-of-war between rural and urban Texas. 

“You’re either a user of water — urban and suburban — or you’re the one getting hurt by the extraction of water, which is rural,” he said. “The ratio in the Senate is five to one. There are maybe six or seven rural senators out of thirty-one. The math is tough.”

Still, Nichols insists the issue is far from dead. He pointed to a recent Trinity River Authority vote to get involved in the matter, and to a November statewide constitutional amendment that would dedicate $1 billion a year for water infrastructure projects. 

“What makes sense is using surface water we don’t currently use, not draining our aquifers,” Nichols said. 

He also encouraged Houston County residents to move quickly: either form their own groundwater district or join an existing one for interim protection.

“I know people feel like it’s David versus Goliath,” he said. “But remember who won. The empire may strike back, but in the end, it was David who carried the day. We have to use that passion to work harder, to work smarter.”

As Nichols prepares to leave public life, the debate over water rights is quickly becoming a defining issue in the race to replace him. State Rep. Trent Ashby, one of two Republicans running for Nichols’ Senate seat, was blunt in his criticism.

“I’m deeply disappointed that the moratorium was stripped from HB 27, which undercut the bill’s original purpose – to give our communities the opportunity to fully assess the long-term impact of high-volume groundwater exports before new permits are approved,” Ashby said in a statement. “While this outcome is frustrating, our fight is far from over. I remain committed to protecting our aquifers, defending private property rights, and making sure rural voices are heard—because the future of East Texas depends on it. I want to thank Governor Abbott for listening to the concerns of East Texans by adding this issue to the special session call. I also commend Chairman Cody Harris for his unwavering leadership and grit throughout this process. Cody has fought tooth and nail to protect our water, and I was proud to stand shoulder to shoulder with him as a Joint Author of HB 27.”

Rhonda Ward, the other Republican candidate in the race, said the groundwater fight is a lesson in the dangers of waiting too long. 

“I think what I would’ve done differently is, I would have been more proactive,” Ward said. “These wells were permitted from my understanding over 18 months ago. This didn’t just happen last week or last month. I think I would have done more research into how they were going to affect the surrounding counties and landowners before now.”

Ward was critical of Nichols’ decision to remove the moratorium. “The moratorium that Representative Harris wanted in the bill got lifted by Nichols in the Senate,” she said. “We can’t afford to be reactive on something this important.”

For now, the bill is dead. The governor could call another special session, but most observers doubt it will happen. That leaves Houston County in limbo, facing the same threat it did before the legislative scramble. Nichols believes joining or forming a groundwater district is the only viable option for local protection. His potential successors suggest the fight is only beginning.

And for voters in East Texas, the future of their water — and who will defend it — may be the biggest question on the ballot next year.

Greg Ritchie can be reached at [email protected]