When Nichols first learned about the situation in 2022, he thought that Save the Cutoff had reasonable arguments. That year he met with both Surls and the nonprofit to hear them out, and then told the Texas Standard he didn’t think he had a role to play in the dispute.

But as he’s learned more about the case, he said, Nichols has concluded that there’s no public benefit for the state to maintain the road to the Cutoff.

“[People] cross over his fence, get on his private property,” Nichols said. “Is that really the beneficial use for the public, to use a road to access a creek across a guy’s fence? I don’t think so.”

The letter also included messages from neighboring landowners addressed to Gov. Greg Abbott showing their support for Iron River Ranch taking over FM 1667. The messages were dated November 2023.

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Morton and other members of Save the Cutoff are upset that Nichols, Bell, and Harris sent the letter encouraging TxDOT to give the road to Surls without informing the public.

“I was blown away,” said Dustin Baker, another of the group’s leaders. “If you’re going to tell me something that I don’t like, no big deal. Just tell me right to my face and I’ll respect you for it.”

Save the Cutoff was formed in 2022 to fight for access to the beloved waterway. Michael Minasi / Texas Standard

Both Harris and Bell have received financial support from Surls since this ordeal started. Nichols has not.

Records from the Texas Ethics Commission show that Surls donated $3,500 to Harris since 2022. He also gave Bell $2,000 in 2024.

Harris could not respond to an interview request by this story’s deadline. Bell did not respond to a request.

Surls has also given money to officials who are elected statewide, including $10,000 to Attorney General Ken Paxton, $2,500 to Lt. Gov. Dan Patrick’s political action committee, and $7,500 to Land Commissioner Dawn Buckingham. 

TxDOT and the Cutoff

Marc Williams, TxDOT’s executive director, responded to Nichols, Bell, and Harris on March 24, 2025, thanking them for their attention to the matter.

“TxDOT is working diligently with all interested parties involved in resolving this important matter. TxDOT hopes to come to a satisfactory and legal resolution as soon as possible,” Williams wrote.