Broken and decayed power poles, coupled with high winds, led to power lines igniting dry grasslands in the Texas Panhandle. This resulted in the state’s largest and most devastating wildfires in February, according to a Texas House of Representatives Investigative Committee report.
On Feb. 26 and 27, five wildfires ignited, with the largest, the Smokehouse Creek Fire, burning over 1 million acres. The fire resulted in the death of three people, killed over 15,000 head of cattle (including bred cows), and destroyed an estimated 138 homes and businesses.
The 48-page report found that in addition to the poorly maintained utility poles and lines, the response to the wildfires was hindered by a scarcity of well-positioned, promptly accessible and swiftly dispatched air support. Additionally, ineffective communication and coordination among agencies, local governments and responders were exacerbated by the lack of interoperable communication equipment.
Despite the valiant efforts of the volunteer firefighters, the report noted the departments are “grossly underfunded,” making it nearly impossible to acquire the necessary equipment resources to safely and efficiently combat wildfires of such scale.
Recommendations
The report recommends enhanced monitoring and stricter enforcement to curb irresponsible practices among oil and gas operators and to foster accountability among utility providers regarding pole inspection and replacement programs.
It also recommends that the state secure and manage its own firefighting air fleet, collaborating with private aerial support providers as needed for more effective wildfire response. Additionally, the report said upgrading statewide communication systems is crucial for seamless coordination among responders. While the committee advocates for minimal government intervention, it recommends measures to be implemented cautiously, avoiding unintended consequences and undue burdens on local entities, while ensuring continued support for Panhandle residents.
Lastly, increased funding and support for volunteer fire departments are essential to promote proactive fire mitigation strategies, safeguarding residents and industries, the report said.
Economic impact
Testimony from hearings held beginning on April 2 in Pampas, TX, revealed the economic impact on the Panhandle region could exceed $1 billion. A report from Texas A&M AgriLife Extension indicated conservatively that agricultural and agriculture-related losses in the region amounted to $123 million.
The report noted from testimony that the fires resulted in the loss of hundreds of water wells used for livestock and people, as well as the potential for erosion due to damage to dirt dams.
Roberts County Judge Mitchell Locke projected a 60% decline in his county’s economy for three years. Concurrently, the county anticipates decreased tax revenue and diminished ad valorem tax values.
While the Smokehouse Creek and Windy Deuce fires are substantial enough for Texas to qualify for Federal Emergency Management Agency (FEMA) Fire Management Assistance Grants, these grants will only cover 75% of firefighting expenses. The Texas Division of Emergency Management (TDEM) informed the committee that the Texas A&M Forest Service’s costs for fighting the two fires amount to over $16 million, with an expected total submission of about $20 million from state agencies for federal reimbursement.
Additionally, the report said losses incurred by private property owners from the wildfires are unlikely to meet the criteria for FEMA’s Individual Assistance Program, as per TDEM’s information.
The committee is also concerned that homeowners’ insurance providers might raise premiums or cease coverage for Panhandle property owners following the wildfires. There is also an expectation that utility companies may attempt to transfer the expenses of repairing electrical infrastructure and compensating landowners for fire-related losses onto consumers.
The report noted publicly available filings show that homeowners and ranchers have initiated numerous lawsuits against Xcel Energy, Osmose Utility Services and other entities. Additionally, one oil and gas operator, currently a defendant in pending litigation, has already filed for bankruptcy protection in Houston.
Rancher lawsuit
In April, Potts Law Firm announced it filed a lawsuit on behalf of Donnie Parker, owner of Spring Creek Ranch in Skellytown, TX. The lawsuit was filed in the District Court for the Northern Division of Texas against Xcel Energy Services Inc., Southwestern Public Service Company and Osmose Utilities Services Inc., alleging negligence in failing to maintain and repair a defective utility pole that ignited the Smokehouse Creek Fire.
The lawsuit seeks to compensate ranch owners affected by the fire, encompassing damages such as loss of grasslands, harm to wildlife, damage to fencing, cattle loss and destruction of physical structures.
“All of the ranchers in the Panhandle whose land was burned are likely looking at years for their properties and cattle businesses to recover from this horrific event that could have been easily prevented,” Derek Potts, lead attorney, said in a statement. “We have brought this lawsuit on their behalves and are seeking speedy and fair compensation for them all from the court.” — Charles Wallace, WLJ contributing editor
