The Battle For Hays County Wells Continues With EP Contested Case In 2019

By, Terra Rivers, Managing Editor

Trinity Edwards Springs Protection Association announced on Tuesday, January 15, the parties involved in the contested case of Electro Purification’s permit in the battle for groundwater were able to agree on a procedural schedule, which governs timelines for discovery and prefiled testimony (direct testimony in written form).

Last September, TESPA and several landowners were admitted as a party in the contested case against a groundwater production permit request made by EP to produce up to 2.5 million gallons a day of groundwater from the Trinity Aquifer near Wimberley.

EP requested the contested cases be referred SOAH Administrative Law Judge (ALJ), who focus primarily on addressing the facts of the cases and providing the primary agency with a recommendation. The final decision of EP’s application will be made by the Barton Springs Edwards Aquifer Conservation District board.

However, according to TESPA, BSEACD can only rule differently from the SOAH Administrative Law Judge’s proposal for decision if the board finds that the ALJ interpreted a law incorrectly or did not take certain evidence into account.

Also, the “hearing on the merits” will take place at the end of September 2019 over the 19 thru the 27th. A full schedule of the proceedings can be found here.

The preliminary hearing for EP’s proposed permit was held on September 17, 2018.

“With over 100 landowners who could demonstrate a potential injury, EP must have realized that it would be a waste of time and money to fight us on standing,” TESPA said.

In July 2018, the Barton Springs Edwards Aquifer Conservation District voted unanimously for the State Office of Administrative Hearings to hold a contested case hearing for Electro Purification’s water permit request.

The decision came after the Hays County Commissioners Court voted to contest EP’s permit application on July 10.

Residents in the area rely on private wells, which draw water from the aquifer. The battle over groundwater in Hays County began in 2015 when EP made the initial plan to pump 5.3 million gallons of water a day from wells in an unregulated area of the Trinity Aquifer.

Residents and officials worked with local state representatives to pass House Bill 3405 and its companion bill, Senate Bill 1440. The bills expanded the Barton Springs Edwards Aquifer Conservation District to regulate wells of the Trinity Aquifer in Hays County.

TESPA said the organization is committed to fight this project and to protect all of our water rights moving forward.