TESPA, Kinder Morgan Reach Settlement On Pipeline Litigation

Staff Reports

On Wednesday, TESPA announced it filed papers settling its lawsuit against Kinder Morgan regarding the Permian Highway Pipeline.

The actions was done jointly with TESPA’s partner Wimberley Valley Watershed Alliance.

According to the organization, they decided to settle because they believed they had realized all positive results possible had been obtained.

The lawsuit resulted in the following changes:

1. Kinder Morgan in August moved its route about two miles to avoid any Blanco River crossing, avoiding further construction issues and sparing members of the Tonkawa Homeowners Association from a crossing through their park near the Blanco River; and
2. Kinder Morgan agreed that only dry boring was allowed along the line, limiting damage to porous limestone geology.

Throughout the process, the organization said it had supported and worked with its members that were impacted by Kinder Morgan’s construction activities.

In April 2020, Hays County revoked Kinder Morgan’s permits after a drilling incident contaminated several residential wells.   

Commissioner Walt Smith, at the time, said the county wanted the company to pause construction to pause temporarily while they determined how and why the incident had occurred to prevent further incidents.

TESPA said prior to their lawsuit against Kinder Morgan, an agreement advanced by the Wimberley Valley Watershed Alliance included the assurance that only dry gas products will be carried in the 42-inch line.