Hays Commissioners Court: Resolution For Regulation Of Groundwater

Hays Commissioners Court: Resolution For Regulation Of Groundwater

Hays County Courthouse, San Marcos, TX – The Hays County Commissioners Court Tuesday took another step to help protect unregulated groundwater by issuing a resolution calling for legislation to establish proper local regulation of areas known as “white areas” that are not within an established groundwater conservation district. The resolution comes after concerns that commercial groundwater pumping in areas not regulated by groundwater conservation districts could cause detrimental effects to area private wells that local homeowners and businesses rely on as their water source.

Hays County Judge Bert Cobb, M.D., has called a special meeting of the Commissioners Court for Thursday, February 5, 2015, to hear from water experts and stakeholders about possible effects of over pumping the middle Trinity Aquifer and to hear possible solutions that can protect the rights of all water users while maintaining the integrity of the aquifer.

“We understand the concerns of those who have both major commercial interests in the aquifer and those who rely on it for their local water needs, as well as the desire of area cities and water supply companies to ensure their own water needs are taken care of,” Judge Cobb said. “We need to hear ideas and solutions to this problem so that these limited resources are used fairly and wisely.”

According to the resolution, “ … the existence of aquifer areas not regulated by local groundwater conservation districts creates the possibility that landowner property rights may be infringed upon by the commercial production of groundwater that results in the malicious drainage of the landowner’s real property … and these unregulated areas of aquifers further create inconsistencies in rules and regulations for commercial production of groundwater which can detrimentally affect market principles and create barriers to competition … the ability to product groundwater for domestic and agricultural uses is paramount to the individual rights of all Texans … .”

“Our resolution seeks legislative help in remedying situations like this for any area that is in limbo and not regulated by a conservation district,” Precinct 3 Commissioner Will Conley said. “It could be that the legislature can expand a nearby groundwater district’s oversight, and make legislation retroactive that could preclude large-scale commercial pumping. Right now we are exploring a number of options.”

The issue of unregulated groundwater was highlighted when Electro Purification sought to pump from a well field over the Trinity Aquifer that was outside the boundaries of any groundwater conservation district and sell the water to other entities in Hays County.

The public meeting will be held at the Hays County Government Center, 712 S. Stagecoach Trail, San Marcos, at 5:30 p.m. Thursday, February 5. The Government Center is located off of Wonder World Drive, just north of the railroad overpass west of I-35.