HTGCD Holding Public Meeting Regarding Electro Purification

The Hays Trinity Groundwater Conservation District will be holding a public hearing in Dripping Springs at 6 pm on April 15 to address this issue before the Hays Trinity Groundwater Conservation District.

On March 20 the Trinity Edwards Springs Protection Association (TESPA) filed suit in Hays County District Court Friday morning seeking to stop any further work by Electro Purification unless and until they obtain groundwater use permits from the Hays Trinity Groundwater Conservation District. TESPA filed suit on behalf of members living within ½ mile of the Electro Purification project. The suit names Electro Purification and the landowners who leased the groundwater to Electro Purification as defendants.

 

The suit was filed under provisions of Chapter 36 of the Texas Water Code that allow landowners to sue over water well construction on adjacent property when the wells were constructed without appropriate permits. The suit also complains that the rule of capture applicable to groundwater in Texas under older case law violates the new property right in groundwater established by the Texas Supreme Court in the case of Edwards Aquifer Authority v. Day, particularly given the extensive well drawdown anticipated on adjacent properties due to the Electro Purification project.

 

According to Vicki Hujsak, a founding incorporator of TESPA, “TESPA was formed to take action to protect our aquifers and springs. It feels good to be fighting back.”

 

Below are some of the lawsuit documents and if you would like to download or print here is the PDF