Electro Purification Sparks Water War Amid Drought Conditions

Water scarcity remains at the forefront of county politics as a Houston-based company, Electro Purification (EP), plans to pump an unrivaled amount from the Trinity Aquifer.Electro Purification drills test wells Feb. 8 as part of a plan to pump 5 million gallons of water a day from the Trinity aquifer.

Austin suburbs are facing pressure to accommodate growing demand caused by an influx of new developments. Buda City Council has already acted on the issue and voted 6-1 to proceed with a contract with EP to prevent a potential water shortage in 2017.

EP’s well fields are located in a “sweet spot,” a term coined by citizen activists speaking out against its intention to pump 5 million gallons per day from the Trinity Aquifer to Buda and other Austin suburbs.

Brian Smith, Barton Springs Edwards Aquifer Conservation District hydrogeologist, said EP’s well fields are located within the boundaries of the Edwards Aquifer Authority (EAA), but ultimately dodge being restricted to this jurisdiction because of an overlap of the Trinity and Edwards Aquifers. The Trinity Aquifer is located below the Edwards Aquifer in an area just west of Kyle.

The state leaves groundwater regulation up to counties, making EP’s well fields subject to the “rule of capture.” The rule was passed at the beginning of the 19th century with an intention to land rights of Texan ranchers and farmers. Citizens and officials have argued the rule is outdated and due for revision.

Barton Springs Edwards Aquifer Conservation District (BSEACD) officials discussed taking action to annex the well fields into their jurisdiction two weeks ago.

Smith said not enough data is available from EP’s test wells to determine possible effects on the water levels of residential wells in the area.

“We’d expect some draw down a couple miles away,” Smith said. “This is what has people concerned because it’s a large amount of water.”

According to Buda’s contract with EP, company officials plan to pump 5 million gallons per day from the Trinity Aquifer. Hydrogeologists, including Smith, have expressed uncertainty about EP’s predictions.

EP has drilled three trial wells and conducted pump tests in the area. The tests were not considered official in terms of “regular procedures” of the BSEACD, Smith said.

“The district has special rules to conducting a pump test, and most other regulatory authorities have similar standards,” Smith said. “This is just very limited information.”

Some of the data will be collected despite the “situation” with Electro Purification, he said.

“Again, these calculations are based on simplistic ideas of aquifers, and aquifers are almost never that simplistic,” Smith said.

The BSEACD did not vote to annex the Trinity well field.

Buda Councilwoman Angela Kennedy, Place 1, was the only council member who voted against the groundwater contract with EP.

The council didn’t have the necessary information to make a decision, and the available data pointed to negative impacts, Kennedy said.

“I think they were feeling a time crunch and felt if the city didn’t act, perhaps (Electro Purification) would sell that interest to another party,” Kennedy said.

Todd Ruge, Buda mayor, said the contract with EP was the city’s fifth option to avoid an eminent water shortage in 2017.

“It’s no secret that we need water for 2017,” Ruge said, in a groundwater meeting held Feb. 5 at the Hays County Government Center.

The meeting featured officials from the Hays Caldwell Pubic Utility Agency (HCUPA), Hays County Commissioners Court, Guadalupe-Blanco River Authority (GBRA) and Hays Trinity Groundwater Conservation District (HTGCD).

The HCUPA is currently working on a project to pump water to the City of Buda through a pipeline, Ruge said. The development won’t be completed until 2023.

“My hope is we get another water source riding in on a white horse because we need another option,” Ruge said.

Ross Fischer, Buda city attorney, said a mitigation clause was installed in Buda’s contract with EP to create an opportunity to protect citizens’ private wells since the company escapes regulation from any groundwater district in the area.

No concrete solutions seemed to arise after discussion bounced back and forth between officials during the groundwater meeting.

Many concerned citizens shifted their hope toward the capitol and State Representative Jason Isaac, R-Dripping Springs, who was present at the groundwater meeting.

Isaac is working on five house bills to register for floor debate during the ongoing 84th legislative session. One of Isaac’s solutions allows for incentivizing rainwater collection methods.

“Currently the state does not charge sales tax on the purchase of rainwater collection systems, so there’s already one incentive,” Isaac said.

Isaac’s other solutions include expanding residential use of grey water, a legal term for wastewater from bathroom sinks, showers, tubs and washing machines. He proposes a 15-20 percent increase in home appraisals with the installment of rainwater collection systems.

“I’ll end my (public comment) by thanking EP for coming into our region and bringing all of our attention to a problem that desperately needs to be addressed,” said Nancy Weaver, Driftwood resident. “They’ve done their work. They can go home.”