TESPA Officially Named As Party In Case Against EP’s ‘Water Grab’, Hays County Status Pending

Hays County argued that their ownership interest in Jacob’s Well gives them standing as well as their role in ensuring availability of groundwater in the County…

At the end of September, the Preliminary Hearing on the Electro Purification case was held at the State Office of Administrative Hearings (SOAH). The Administrative Law Judge (ALJ) granted TESPA party status and is now officially a party to the case.

The ALJ also admitted several other landowners as parties – some who had submitted individual contested cases and others who showed up at the hearing requesting to be parties.

EP made the decision not to protest any landowner’s standing if they had a well within BSEACD’s jurisdiction. For background info click HERE.

EP did challenge Hays County’s standing in addition to two other landowners who do not reside in BSEACD’s jurisdiction and who live near the EP well field but within HTGCD’s jurisdiction.

Both of these landowners testified as to why they believed they had standing and would be impacted, and EP cross examined them.  Lon Shell, Hays County Commissioner, also testified as to why he believes the County should be a party.

The County recently purchased property near EP’s well field and intends to drill a well for emergency firefighting purposes. The County is concerned that EP’s pumping will impact their ability to protect the more rural area from fires.

Additionally, Hays County argued that their ownership interest in Jacob’s Well gives them standing as well as their role in ensuring availability of groundwater in the County.

The Administrative Law Judge asked the parties seeking standing to submit written briefs describing their arguments by October 10. Parties will then have a week to respond.

The ALJ will likely make a ruling by the end of the month, and from there the parties will work out a procedural schedule for the remainder of the hearing.

Related stories and background information

September 8, 2018: Preliminary Hearing For Electro Purification’s Proposed Permit Announced

July 2, 2018: Hays County Residents Fear The Fight To Protect Their Water Was All For Nothing

June 14, 2018: The Hays County Property Owners Fight To “Save Our Wells” Renews

For additional background information visit https://tespatexas.org/.

Source: Trinity Edward Springs Protection Association