On Tuesday, Commissioner Lon Shell gave an update regarding Electro Purification during the Hays County Commissioners Court meeting.
Commissioner Shell announced that Electro Purification, which has been in the state office of administrative hearing for at least two years now, has filed a motion to dismiss its application and remand the matter to the district.
If the request is approved, EP will go to the Barton Springs Edwards Aquifer Conservation District.
TESPA said in a statement Wednesday they anticipate the State Office of Administrative Hearings Judge will grant EP’s request and dismiss the case, which was set for a trial-like hearing in April 2021.
According to TESPA, EP’s Nonsuit follows the BSEACD’s recent testimony recommending that EP receive a permit for only 0.25 million gallons per day (MGD) with the opportunity to increase production to, at most, 0.5 MGD, instead of EP’s requested 2.5 MGD.
Once the decision is back in BSEACD’s hands, EP is expected to evaluate whether to continue its pursuit of a groundwater permit.
“This is another promising development for everyone trying to protect the aquifers, but the future remains uncertain,” TESPA said in a statement. “TESPA will monitor EP’s application and act accordingly. As always, a very deserved “thank you” to the continued support and individual efforts towards this important cause.”
Commissioner Shell said he didn’t know what the likelihood is of EP’s permit becoming a reality, he doesn’ but the county’s actions with the state office of administrative hearings is over.