Environmental Stewardship Given Green Light to Challenge the TCEQ’s Management of the Lower Colorado River

Press Release Environmental Stewardship Given Green Light to Challenge TCEQ’s Management of the Lower Colorado River   Bastrop, TX. February 9, 2024.  FOR IMMEDIATE RELEASE. CONTACT: Steve Box, Executive Director, Environmental Stewardship, 512-300-6609, info@envstwardship.org. Richard Martin, a long-time Bastrop County angler, and Environmental Stewardship (ES) moved a big step closer this week to arguing their…

Reluctant Regulator TCEQ; Legislature needs to hear from you!

Call or write your Legislators and ask that Delegation Amendments be added to

TCEQ Sunset Bills SB 1397 and HB 1505 so “Reluctant Regulator” works for We The People!

Two bills are circulating in the legislature right now to re-authorize the Texas Commission on Environmental Quality (TCEQ) to continue to regulate air and water pollution delegated to the state of Texas under the Clean Water and Clean Air Acts.

Unfortunately, the bills (SB 1397 and HB 1505) do not include the Delegation Amendments that are needed to bring TCEQ and the State into compliance with these federal laws — to work for We The People.

 

In response to a petition by 21 Texas organizations, including Environmental Stewardship (see Delegation Petition), EPA Region 6 is investigating whether to withdraw TCEQ’s authority to grant and enforce wastewater and air permits for the state of Texas. This major EPA action comes as TCEQ is granting new wastewater disposal permits into the Colorado River above Bastrop by The Boring Company (Gapped Bass LLC) and McKinney Roughs (Corix Utilities Inc.), and other wastewater treatment plants in, and below, Austin.

 

Environmental Stewardship believes that TCEQ is abusing its authority in granting these permits when there is evidence that the Colorado River is not meeting the exceptional water quality standards set on the section of the river between Austin and Bastrop where these wastewater discharges are proposed. These actions will only add to the degradation observed over the past 17+ years.

 

One of the remedies is for the Legislature to pass TCEQ Sunset bills that close the gaps by giving the statutes the proper requirements needed to govern how TCEQ administers these laws. Other issues have also been raised in the Legislature’s Sunset Review of TCEQ (see issues 1 and 3).

 

In plain language, we are asking that the Sunset bills include “Delegation Amendments” that: 

 

  1. Ensure that all persons impacted by the issuance of a permit, including those whose fishing and recreation will be harmed, are able to contest the permit;
  2. Ensure that the public should not bear the burden of demonstrating that an application is deficient when the applicant wants to pollute the environment; and
  3. Ensure that TCEQ does its job to protect our rivers and streams from degradation by pollutions by showing the public the science that demonstrates the receiving waters are meeting the standards (transparency).

PLEASE TAKE ACTION ASAP

2021 Year-end review: accomplishments and goals for 2022

Dear Friends and Readers:
As we come to the end of 2021, please give me a few moments to review what we have accomplished this year, and what we hope to accomplish next year.
With COVID-19 still raging, virtual meetings became the standard in 2021. None-the-less we were able to participate in a number of key activities, mount a successful campaign to rein in the extreme desired future conditions (DFCs) proposed by GMA-12, and were on the wining end of the LCRA contested case decision. Below are the highlights.

Success Reining in Proposed DFCs

WaterDefenders make significant progress reining in Proposed Desired Future Conditions

GMA-12 votes against Lost Pines’ Conservation DFC

Figure 1. Graphic provided to the Lost Pines Board of Directors to demonstrate the concerns and requests from WaterDefenders Coalition (November 8, 2021, based on Scenario S-15)

We want to thank the Lost Pines Board of Directors for taking a strong stand in its recent vote to adopt conservation based Desired Future Conditions (DFCs) for the Simsboro aquifer. At the November 30th GMA-12 meeting we were able to confirm that the District will be able to adopt DFCs that are 10% more conservative for all aquifers as soon as they get certification back from the Texas Water Development Board that the adopted DFC are administratively complete, that their is agreement on the results of the pumping file, and Modeled Available Groundwater has been calculated for each aquifer.

Here is a brief summary of what happened over the last month.

After a major victory for conservation and consideration of domestic/livestock wells and surface waters by Lost Pines GCD Board (see below), the Groundwater Management Area 12 (GMA-12) representatives  voted against Lost Pines’ request at the November 12th meeting.

With the recent victory in hand, WaterDefenders went to the November 12th meeting hoping that all the member districts of GMA-12 would accept the “reasonable” actions taken by Lost Pines. However, we ended up with a decision by GMA-12 representatives that is a compromise.

General Manager, Jim Totten, made a motion to accept a pumping file [Scenario S-20] which would results in a new DFC of 183 feet average drawdown and about 30,300 acre-feet per year of pumping in the Simsboro formation for Lost Pines GCD.  While the motion was seconded by Post Oak Savannah GCD, it failed on 2-3 vote, yay-nay.

A second motion was made to accept a pumping file [S-19] which results in a new DFC of 240 feet average drawdown, and about 82,800 acre-feet per year (AFY) of pumping in the Simsboro formation for Lost Pines GCD. This motion passed 4-1, yay-nay.

However, this is a significant victory for WaterDefenders, stakeholders, landowners and surface waters in Lost Pines District.   Overall, this leaves us substantially ahead when compared to the Scenario S-12 that was initially proposed.  The reductions gained through WaterDefender efforts will result in a 54% reduction in pumping from the originally proposed DFC, and a 31% reduction in drawdown from the originally proposed DFC.

Decision on LCRA’s groundwater permit application

Griffith League Scout Ranch, Bastrop, TX.

In another major victory for Environmental Stewardship, a final decision and operating permits have been issued on the LCRA’s Griffith League Ranch groundwater permit application that requires the LCRA and the District to monitor the impact of groundwater pumping on surface water as a enforceable condition of the permit.

For nearly a decade, Environmental Stewardship has had three primary objectives in protecting the Colorado River. The first objective has been to get a surface water-groundwater monitoring network installed in the river basin in Bastrop, Texas. The second objective has been to protect the river and its tributaries from over-pumping by limiting the amount of pumping allowed in the Desired Future Conditions (DFCs) within the Lost Pines Groundwater Conservation District and Groundwater Management Area 12, The third objective has been to get a surface water specific DFC adopted for the river.

With this decision, and the progress made by our WaterDefenders coalition in limiting the amount of pumping allowed under the DFCs, key elements of Environmental Stewardship’s primary objectives regarding protection of the Colorado River and its tributaries are set to be met in the next few years.

The battle over sound management heats up at GMA-12.

Comparison of impacts of Current DFCs vs. Proposed DFCs on Colorado River. Click on graphic to hear discussion of these impacts by Steve Box at GMA-12 Meeting on April 20, 2021.

Coalition formed to advocate for sound management  – not aquifer mining – as the only way to protect our local communities and the environment from groundwater over-pumping!…

Public Hearing: LCRA Groundwater Permit Application

PUBLIC HEARING LCRA’s Groundwater Permit Application January 28, 2021 at 6-9 PM Hybrid Meeting Lost Pines Groundwater Conservation District’s Board of Directors will hold a Public Hearing on January 28th from 6-9 pm. The meeting will be held at the Bastrop Convention & Exhibit Center with a virtual connection for public participation. For the District’s…

ES Requests DFCs to protect Colorado River and Tributaries

Environmental Stewardship requests Desired Future Conditions be adopted to protect the Colorado River and its tributaries from impacts of groundwater pumping Environmental Impact of Groundwater Pumping on the Colorado River and its Tributaries   Environmental Stewardship’s Executive Director, Steve Box, presented a power point review of its request that Groundwater Management Area 12 establish standards to…

environmental stewardship

Water Exporters Impacts to Bastrop Area

Environmental Stewardship gave a presentation at the December 15, Virtual Meeting of Rotary Club of Bastrop County December 15, 2020 program “Water Exporters and Their Impacts to our Area.” by Steve Box, Board President, Environmental Stewardship, a WATERKEEPER® ALLIANCE Affiliate  https://www.environmental-stewardship.org. Click here for the presentation slides Water Exporters and Their Impacts to our Area Groundwater and surface…

LCRA permit now pending with Lost Pines’ Board

Administrative Law Judges Rebecca S. Smith (right) and Ross Henderson (left) presiding over the contested case hearing on LCRA’s groundwater application.

The Administrative Law Judges recently issued a reply to exceptions filed by the parties clearing the way for a final decision on LCRA’s groundwater permit application. The reply includes some changes to the original Proposal for Decision (PFD). With these changes — which preserve Environmental Stewardship’s win on surface water issues — the District’s Board of Directors now have the guidance they requested and can take final action on LCRA’s pending permit application. 

Environmental Stewardship scores partial victory

Hearing on LCRA’s application for a groundwater pumping permit held before SOHA Judges in October, 2019.

We are pleased and grateful to claim a partial victory in the contested case hearing on LCRA’s application for a groundwater pumping permit.   The judges have issued a Proposal for Decision (PFD) that includes the recommendation that surface water monitoring must be done by LCRA as a part of the permit.  See the attached press release and summary of the key findings as they relate to surface waters.   

Environmental Stewardship Launches Fall Fundraising Campaign with #GivingTuesday

It’s GOOD NEWS Tuesday! In addition to #GivingTuesday matching, your donation will be matched dollar-for-dollar by one of our private sponsors!!!  Over pumping of groundwater aquifers throughout Texas diminishes the flow of rivers, streams, springs and spells trouble for communities across the state. So please, do what you can to help us protect Texas’ waters.  Your…

Local water conservation groups make fundraising appeal

Written by Michele G. Gangnes Published by Giddings Times & News. A major fundraising campaign benefiting the outreach, education and advocacy work of two local water conservation groups begins December 3.   The campaign is built around #GivingTuesday, a world-wide initiative  that provides an opportunity to obtain matching funds for donations to organizations working to improve…

Hearing Concluded on LCRA’s Groundwater Permit Application

Proposal for decision expected spring of 2020

Environmental Stewardship’s legal team — Marisa Perales (center) and Eric Allmon (right) — cross-examining Lost Pines District’s hydrogeologist William Hutchison (left) on the impacts of LCRA’s pumping on the Colorado River.

A contested case hearing before two Administrative Law Judges on LCRA’s application for a permit to pump up to 8.15 billion gallons of groundwater annually from underneath Bastrop County ended on October 22, 2019.  Environmental Stewardship and the landowners were successful in making their arguments before the judges who are expected to render an opinion next spring … likely late April or May.

After hearing six days of testimony, Administrative Law Judges Rebecca Smith and Ross Henderson of the State Office of Administrative Hearings set a procedural schedule that lays out the next steps of what has been a year-long process.  The eight parties in the case have until December 20th to file their final closing arguments and until January 31, 2020 to file written rebuttals or replies.

The administrative law judges will make a recommendation in the form of a “proposal for decision” to the Lost Pines Groundwater Conservation District’s Board of Directors.   Lost Pines District is the local government entity that manages groundwater resources, regulates pumping, and sets desired future conditions in Bastrop and Lee counties.

THIS POST WILL BE UPDATED with LINKS to ADDITIONAL INFORMATION

— Please check back —

Hearing on LCRA’s Application for Groundwater Permit

Hearing on LCRA’s Application for Groundwater Permit. October 15-18 and 21-22, 10:00 am, Bastrop Convention Center, Bastrop, Texas. We are urging that you attend the opening session on Tuesday, October 15.     Remember September 2018 when over 125 landowners and Environmental Stewardship formally protested the permit that the Lost Pines Groundwater Conservation District proposed to issue…

Our Case is Strong

Having filed supplemental testimonies of George Rice and Joe Trungale, moved to strike the LCRA’s prefiled testimonies of Brian Cook and Leonard Oliver, and responded to LCRA’s objections and attempt to strike the testimony of George Rice and Joe Trungale — our case is strong. On September 27th, after months of work, a new pumping file that will be used to adopt…

Environmental Stewardship provides scientific information on local environmental impacts

Environmental Stewardship provides scientific information on impacts on the Colorado River, aquifer formations, and exempt domestic wells. Groundwater pumping in the Simsboro formation of the Carrizo-Wilcox aquifer group affects the Colorado River and its tributaries, the Carrizo, Calvert Bluff and Hooper formations, other aquifers, and landowners’ domestic wells.   Environmental Stewardship has been working with George…

Mark your calendars: Hearing on LCRA’s Application for Ground Water Permit

Mark your calendar:  Hearing on LCRA’s Application for Groundwater Permit. October 15-18 and 21-22 at 10:00AM, Bastrop Convention Center, Bastrop, Texas. We’ve been busy preparing for the Contested Case Hearing on LCRA’s application to pump 25,000 acre-feet of groundwater per year from Bastrop County. Yes, we have been missing in your inbox for months now…

LCRA Prehearing Conference on Party Status

Environmental Stewardship and Landowners admitted as Parties

Protestants admitted as parties to LCRA Contested Case Hearing at December 19th Prehearing Conference.

A hearing to determine party status of 127 individuals and organizations protesting LCRA’s application for a permit to pump groundwater from Bastrop County was held on December 19, 2018. The hearing was ordered by State Office of Administrative Hearing Law Judges (ALJs) Michael J. O’Malley and Laura M. Valdez.

Environmental Stewardship and a group of 43 landowners were admitted as parties to the contested case hearing to be held next fall.  Lost Pines Groundwater Conservation District, Aqua Water Supply Corporation, City of Elgin, and Recharge Water, LP, along with 12 unrepresented landowners were also admitted.  To ensure that all parties have a justiciable interest, each entity and individual is required to file an affidavit no later than February 9, 2019 (Order 2).  Any objections to party status must be filed no later than February 19, 2019.

LCRA Applies for Groundwater Export Permit – Hearing Sept. 26th

LCRA seeks permit for 25,000 acre-feet/yr of groundwater from Griffith League Scout Ranch

Hearing set for September 26th, 7:00 pm, Bastrop Convention Center, 1408 Chestnut Street, Bastrop, TX 78602

The Lower Colorado River Authority (LCRA) applied with the Lost Pines Groundwater Conservation District (District) for groundwater operating and transport permits for eight (8) wells, for a total combined maximum annual production of up to 25,000 acre-feet/year on February 21, 2018.   A public hearing on the application has been set for September 26, 2018.

Persons interested in opposing the permit must give notice to the Lost Pines GCD five (5) days BEFORE the hearing —  by close of business on September 21, 2018 — to participate in a contested case hearing on the application.  Friends of Bastrop Water and Simsboro Aquifer Water Defense Fund will be holding a public meeting for persons interested in opposing the LCRA’s pending wells.  The meeting is September 13, 2018 at 4:30 and 7 pm at the American Legion Hall, 303 Loop 150 E, Bastrop, TX 78602.…

Celebrating the Life of Melanie Phillips

Melanie Phillips, Founding Board Member.

It is with great sadness that we announce the passing of  Melanie P. Phillips, Director and Secretary of Environmental Stewardship.   Melanie’s love of the natural environment led her to advocate for preservation of rivers, bays, and trees for ecological as well as recreational purposes.   She was passionate about the symbiotic relationship we have with our natural environment, and she worked hard to educate other to come to the same understanding — that when we harm our natural environment we harm ourselves. She emphatically believed that there is a way to sustain all of life if we will work together toward that common goal.

What is the error cited by Judge Campbell in Final Judgment?

Bastrop County Courthouse

In our last post I left you with the comment:

“After nearly an hour of closed discussion in executive session the Board returned to public session where they openly asked questions of their lawyers and engaged in a discussion with the members of the public who were present.  They then retired to a second executive session before taking any action, apparently in reaction to the public’s comments … all firsts in our 10+ years of experience with this Board. “

We told you we were assessing the implications of those discussions and that we would be back to you on this in the near future. 

Board votes in split decision to appeal Judge Campbell’s decision favoring landowners

The Aquifer Protectors! From L to R, Eric Allmon (attorney for Environmental Stewardship), Michele Gangnes (pro bono attorney for landowners Meyer, Hanna and Brown), Andy Meyer (Paige landowner), Darwyn Hanna (Bastrop landowner), Ernie Bogart (pro bono attorney for landowners Meyer, Hanna and Brown), Betz Brown (Lee County landowner), Don Grissom (pro bono attorney for landowners Meyer, Hanna and Brown), Steve Box (Executive Director Environmental Stewardship)

The Aquifer Protectors! From L to R, Eric Allmon (attorney for Environmental Stewardship), Michele Gangnes (pro bono attorney for landowners Meyer, Hanna and Brown), Andy Meyer (Paige landowner), Darwyn Hanna (Bastrop landowner), Ernie Bogart (pro bono attorney for landowners Meyer, Hanna and Brown), Betz Brown (Lee County landowner), Don Grissom (pro bono attorney for landowners Meyer, Hanna and Brown), Steve Box (Executive Director Environmental Stewardship)

In an ironic twist, having denied Landowners a seat at the table in the original 2014 contested case hearing involving End Op’s application for a massive groundwater permit, the Lost Pines Groundwater Conservation District’s Board of Directors essentially did it again Thursday night. The Board voted 4 to 2 to appeal Judge Campbell’s decision favoring the Landowners. This time, saying they are appealing because they want to be sure they have … A SEAT AT THE TABLE.  

End Op files notice of appeal in Bastrop groundwater case

District leaves appeal open to End Op by inaction

Environmental Stewardship Executive Director Steve Box on Wednesday urges the Lost Pines Groundwater Conservation District board not to appeal a court decision allowing a group of Bastrop County landowners to challenge a permit for Recharge Water to withdraw 15 billion gallons of groundwater annually from the Simsboro formation of the Carrizo-Wilcox Aquifer. MARY HUBER/BASTROP ADVERTISER

January 25 2018.

The Lost Pines District “tabled” any action on Judge Carson Campbell’s ruling earlier in January. We did not want the District to appeal the Judge’s ruling in favor of four landowners, but we did not want the District to create a vacuum either.

The District’s failure to move forward with a hearing in adherence to the judge’s order has left uncertainty in the District’s position, creating an opportunity for End Op to continue the litigation for now through an appeal.  As such, yesterday End Op acted on that opening and filed an appeal of the Judge’s Final Judgement in the Court of Appeals for the Third District of Texas (Austin).

The District should respect the judge’s ruling and expeditiously grant a hearing to Landowners (Plaintiffs), thereby putting an end to the District’s enabling of End Op’s recent appeal.

Sitting-on-their-hand makes the District complicit in the appeal that End Op has now filed.

To clearly move in adherence to Judge Campbell’s ruling, the District needs to take two affirmative public actions: 1) immediately direct their attorneys not to appeal, and 2) affirmatively granting a hearing on the End Op permit application that includes the Landowners as parties.

Appeal of judge’s ruling on Bastrop groundwater issue up in the air

Article by Mary Huber, Bastrop Advertiser

ATTENTION BASTROP AND LEE COUNTY LANDOWNERS

READ ON AND TAKE ACTION

Board delays decision on appealing Judge’s ruling favoring landowners

 The Lost Pines’ Board was unable to make a decision on appealing Judge Carson Campbell’s ruling favoring landowners at its January 17 meeting.   Read today’s article in the Bastrop Advertiser/Statesmen The Lost Pines Groundwater Conservation District’s Board of Directors declined to make a decision on its option to appeal  Judge Carson Campbell’s January 4,…

One Landowner’s perspective on a landmark water decision

The following article provides the history of creating the Lost Pines Groundwater Conservation District and one landowner’s perspective on a landmark water decision

Bastrop County Courthouse

This Wednesday, January 17, 2018, Lost Pines Groundwater Conservation District (District or Lost Pines District) will consider and possibly act on its option to appeal Judge Carson Campbell’s January 4, 2018, ruling to the state court of appeals.  (Click here for agenda)

Judge Campbell’s order ruled that the District erred in denying party status to four landowners and REVERSED the District’s decision. Campbell also REVERSED the permit to pump 46,000 acre feet of groundwater per year that was given by the District to Recharge Water, L.P. and REMANDED the case back to the Lost Pines District for proceedings consistent with the Court’s decision.

Lost Pines Groundwater Conservation District considers appeal of Judge’s decision in favor of Landowners

 The Board will meet on Wednesday January 17, 2018, at 7:00 p.m. at Bastrop City Hall, 1311 Church Street, Bastrop,TX.    We request that you attend and/or write to the District urging it NOT TO APPEAL the trial court ruling upholding private property rights.   This Wednesday, January 17, 2018, Lost Pines Groundwater Conservation District…

Judge Rules for Landowners In Groundwater Export Dispute

Bastrop County Courthouse

BASTROP January 4, 2018 – A state district judge in Bastrop has ruled in favor of Environmental Stewardship and three other landowners in their suit against the Lost Pines Groundwater Conservation District (District).  Judge Carson Campbell’s order rules that the District erred in denying party status and reverses the District’s decision.  The order further reverses the permits for 46,000 acre feet per year of groundwater given by the District to End Op (now Recharge Water, L.P.) and remands the case back to the District for proceedings consistent with the Court’s decision.

 

The following is a press release from the Simsboro Aquifer Water Defense Fund (SAWDF) regarding the decision:

Judge Hears Arguments on Landowners’ Right to Protest Groundwater Export, Ruling to Come

BASTROP – A state district judge in Bastrop on Wednesday heard arguments for and against the contention that four landowners are entitled to a new hearing because they were wrongfully excluded by the Lost Pines Groundwater Conservation District from participating in a 2013 administrative hearing.

The 2013 hearing resulted in a permit  to water marketer End-Op LP (now known as Recharge Water) that allows massive amounts of groundwater to be pumped and exported from Lee and Bastrop counties. The Oct. 18 hearing was part of a legal challenge to that permit.

Judge Carson Campbell ruled in favor of the landowners from the bench Wednesday on the question of whether he even has the authority to review the District’s decision to exclude them. A ruling on the landowners’ right to protest the permit is pending from Judge Campbell.

ES becomes a Waterkeeper Alliance Affiliate

Environmental Stewardship became a Waterkeeper Affiliate organization on September 23, 2016. As a new Waterkeeper Affiliate, Environmental Stewardship works to protect and preserve the Texas Colorado River, associated aquifers, and the bays and estuaries of the Texas Gulf Coast by combining its first-hand knowledge of the waterway with an unwavering commitment to the rights of the community, to ecological health of waterways and aquifers, and to the rule of law.

Robert F. Kennedy, Jr. and Steve Box in Austin, TX.

“Waterkeeper Alliance is thrilled to have Steve Box, Executive Director, to be the eyes, ears, and voice for this vital watershed and community,” said Robert F. Kennedy, Jr., President of Waterkeeper Alliance. “Every community deserves to have swimmable, drinkable, fishable and flowing water, and Mr. Box is the right leader to fight to protect the surface water and groundwater supplies in the Colorado River basin.”
For more information on see our webpage ES’ Waterkeeper Alliance Affiliation.  

Simsboro Aquifer Water Defense Fund (SAWDF)

New Group Launches Fight To Protect Local Groundwater and Aquifers

BastropCoCourthouse2

Bastrop County Court House

ELGIN – Veterans of a long-standing fight to protect the area’s groundwater have joined forces and launched a new organization to help lead that effort.

The new group, the Simsboro Aquifer Water Defense Fund (SAWDF), includes volunteers from the League of Independent Voters, Environmental Stewardship, Sierra Club and Neighbors for Neighbors.

SEE END OF THIS POST FOR LINKS TO ADDITIONAL INFORMATION

SAWDF response to Bastrop Advertiser’s misleading article on July 21, 2016.

Environmental Stewardship Celebrates a Water Achievement in the Central Texas

Groundwater Availability Model improvements will include groundwater-surface water integration for the Colorado River and the Central Carrizo-Wilcox Aquifer

After seven years of advocating for action on groundwater-surface water interaction  gma_12issues in Central Texas, we are on the verge of a major step forward in our efforts to protect the Colorado River and its tributaries from over-pumping of groundwater.   A recent contract between the Texas Water Development Board (TWDB) and INTERA Incorporated will play a vital step in helping planners understand and manage this important ecological and hydrological relationship, thereby achieving one of our major goals – to establishing a science link between groundwater and surface water to inform policy and management decisions.  …

ES, Landowners’ appeal to be heard by Board on August 13, 7:00 p.m., Bastrop Convention Center

Lawyers for Environmental Stewardship and Landowners will make oral arguments before the Lost  Pines Groundwater Conservation District Board of Directors on August 13, 7:00 p.m. at the Bastrop Convention Center.  ES and Landowners are requesting that the decision by the ALJ to deny party status be reversed and remanded back to SOAH for contested case hearing.

The public is encouraged to attend.  Though public comments will not be heard, the face of the people needs to be seen.   This is a very important hearing about your rights to defend your interests in the groundwater beneath your land.

ES, Landowners appeal denial of party status

Environmental Stewardship (ES) and Landowners (Andrew Meyer, Bette Brown, and Darwyn Hanna) have filed an appeal of the decision by the Administrative Law Judge (ALJ) to deny party status in the End Op contested case hearing.  The request was filed with the Lost Pines Groundwater Conservation District Board of Directors on August 1, 2014 and will be heard at a special meeting on August 13, 2014 in Bastrop, TX. The time and location of the meeting has not yet been established.  …

Forestar Files Suit Against Groundwater District & Directors

Forestar (USA) Real Estate Group, Inc. has filed suit in the 335th Judicial District in Lee County against the Lost Pines Groundwater Conservation District and its Board of Directors (Case No. 15,369). The suit is 1) an appeal of the Boards’ decision to deny Forestar’s application for 33,000 acre-feet per year of the 45,000 acre-feet per year of groundwater it requested, and 2) a claim for the taking or damaging of its property, and for its damages and attorney’s fees due to the District’s actions (a takings claim).  

Click here for copy of the petition.

An Open Letter to Lost Pines Board of Directors

An Open Letter to the
Lost Pines GCD Board of Directors from its Constituents
STAND STRONG!

RE:  Forestar (USA) Real Estate Group, Inc. Motion for Rehearing

 

Dear Board of Directors, 

 

Forestar’s request for a rehearing on the permits LPGCD granted earlier this year was on the agenda for the Board’s September 18, 2013, meeting, but was postponed until the October 16, 2013,Board meeting. Several events pertinent to this permit have occurred since that postponement, but the message from the coalition of landowners and citizens who want to protect the future of Lee and Bastrop Counties remains the same:  Stand strong in your duty to protect and conserve the aquifers under our two counties.

 …

Landowners Appeal “Party Stutus”

Landowners in Bastrop and Lee counties who were recently denied the right to be heard in a contested case hearing are appealing the decision.  


The landowners had sought “party status” in the End Op contested case hearing being held before the State Office of Administrative Hearings (SOAH). This administrative decision has broad, significant implications throughout Texas for landowners wanting to protect the groundwater in place beneath their lands. Click here for decision

Coalition Claims Victory at Groundwater Meeting

Mina Elementary 4th grade "Green Team" commented to Board

Mina Elementary 4th grade “Green Team” commented to Board

Bastrop, TX  – The people of Bastrop and Lee counties gained a MAJOR VICTORY at last night’s Lost Pines Groundwater Conservation District hearings.  The Board of Directors listened … and they acted on our behalf. 

THANK YOU Lost Pines BOARD MEMBERS!
1)  LCRA’s request for 10,000 acre-feet/year was cut back 50% to 5,000 acre-feet/year except in years when the counties are in drought conditions.
2)  Forestar’s request for 45,000 acre-feet/year to export was cut back 75% to 12,000 acre-feet/year.
3)  Environmental Stewardship and a group of landowners were accepted for timely filing of their request for “party status” at the End Op contested case hearing to be held before the State Office of Administrative Hearings.

Environmental Stewardship seeks “Party Status” in Permit Hearings

Bastrop, TX May 8, 2013.  Environmental Stewardship has requested “party status” in the contested case hearings requested by Aqua Water Supply Corporation concerning the groundwater permit application by Forestar (USA) Group seeking 45,000 acre-feet/year from the Simsboro Aquifer; End Op, LP seeking 56,000 acre-feet/year ; and the Lower Colorado River Authority seeking 10,000 acre-feet/year.  …

Coalition Asks that Desired Future Conditions be Protected in Permits

PERMIT THIS NOT BANKRUPTCYThe Forestar, End Op, and LCRA applications will harm existing permitted wells, the environment, and are far in excess of the DFC and MAG (defined below).  We, a coalition of Environmental Stewardship, Neighbors for Neighbors, Lost Pines Sierra Club, and Groups United to Advocate Responsible Development “GUARD,” believe that, if permitted at all, individual permits should first be reduced to levels actually supported by the application and then all permits reduced overall as necessary to an aggregate level that, including existing permits, protects the Adopted Desired Future Conditions.  In summary, if permitted at all, Forestar and End Op qualify for less than 5% of the water they are seeking.  In addition, the District needs to factor in the impact of existing permits before issuing any new permits. This has not been done. …

Draw-down Maps obtained by Environmental Stewardship

PERMIT THIS NOT BANKRUPTCY

PRINT FLYER

What does “draw-down” resulting from groundwater pumping look like on a map?  As you may know, the Desired Future Conditions are established in terms of the draw-down, in feet, of aquifers in Bastrop and Lee counties and throughout the District.

Recently, Environmental Stewardship obtained visual images based on the Groundwater Availability Model (GAM) used by the Lost Pines Groundwater Conservation District to evaluate the impact of proposed pumping from current permit applications on the Simsboro Aquifer.  Draw-down, measured in feet, is indicated on the contour lines of the maps below.

Board Sets Contested Hearing for Forestar, End Op and LCRA

Hearingphoto-1_2Here are the results of the meetings held over the last two nights.  We had an overflow crowd at the Wednesday meeting which delayed the start of the hearing for about 20 minutes; we estimate 200-300 people showed up to comment.  Lines of people were able to que up for comments and the combined hearing and board meeting lasted until about 10:30 p.m.   The End Op Hearing on Thursday had very good citizen attendance – likely another 200-300 people – and lasted 3 1/2 hours.  During the Board deliberations after the hearing we learned that Aqua Water Supply Corporation is also contesting the End Op permit application.
 

Hearingphoto

The Board of Directors  has HEARD THE VOICE OF THE PEOPLE.  Both Judges were at the Wednesday night meetings … THANK YOU JUDGES PAPE and FISCHER.
THE BEST VOICE OF THE PEOPLE … IS THE FACE AND TESTIMONY OF THE PEOPLE.

 

THANK YOU FOR SHOWING UP and COMMENTING!

Lost Pines to Permit 5.6 Times More Water than Available

This is INSANE.   Lost Pines GCD is on the verge of permitting five and a half (5.6) times more water from the Simsboro aquifer than is available.  The total amount of Modeled Available Groundwater (MAG) from the Simsboro Aquifer by 2010 is 29,556 acre-feet/year per the Lost Pines Management Plan.  Lost Pines is currently considering permit applications for 119,199 acre-feet/yr which is 4 times more water than is available for pumping.  Adding the current 45,365 acre-feet/year already permitted brings the total to 164,884 acre-feet/yr which is 5.6 times the amount of water currently available (without considering Environmental Stewardship’s ecological concerns).  So far, the General Manager has recommended approval of ALL the applications that have been presented to the Board of Directors. See Permit Concerns for copies of GM Recommendations. 

LOST PINES GROUNDWATER CONSERVATION DISTRICT

will VOTE on the following applications at their next Board Meeting

Heart of Texas Suppliers, LP
Lower Colorado River Authority
Forestar (USA) Real Estate Group, Inc. 
WEDNESDAY, APRIL 17, 2013, 
Regular Board Meeting 6:00 P.M.
Giddings City Hall, 118 East Richmond St., Giddings, TX 78942

 

NOTICE OF PUBLIC HEARINGS
LOST PINES GROUNDWATER CONSERVATION DISTRICT
will hold a public hearing and vote on the following applications
End Op , LP
Manville WSC

WEDNESDAY, APRIL 17, 2013 
Hearing 7:00 P.M.
Giddings City Hall, 118 East Richmond St., Giddings, TX 78942

Steward of the Year

Dale Morrison awarded Steward of the Year

Master trail steward Dale Morrison was recently awarded the “Steward of the Year” award for 2012.  Dale has been the driving force behind development of many miles of hike and bike trails in Bastrop County over the past several years.  Working with other Texas Master Naturalists from the Lost Pines Chapter, they have built trails in Lost Pines Nature Trails, the Colorado River Refuge, and are …

Watershed Workshop in Bastrop County

Bastrop County Map

SMITHVILLE – A no-cost Texas Watershed Steward Workshop on water-quality issues related to the Lost Pines Region will be held from 8 a.m. – 4 p.m. on June 12 at the American Legion Hall, 145 American Legion Road, Smithville.

About Environmental Stewardship

Our Purposes

Environmental Stewardship is a 501(c)(3) tax exempt nonprofit whose purposes are to protect, conserve, restore, and enhance the earth’s natural resources to meet current and future needs of the environment and humans (Public Policy); to gather and use scientific information to restore and sustain ecological services provided by environmental systems (Science & Ecology); and to provide environmental education and outreach in order to encourage public stewardship (Outreach & Education).

Water Monitoring Project Collaborators

Updated:  June 5, 2022 Project Collaborators and Participant Environmental Stewardship’s interest is to have an ongoing monitoring program to ensure that the surface water and groundwater interests of the communities and environment of Bastrop and Lee Counties are protected.  We are grateful to our collaborators and participants who bring additional resources, skills, outreach, and educational…

State-of-the-art scientific instruments

We have purchased state-of-the-art instruments to bring science to decision-making. Updated May 14, 2022 Rather than continue to wait, and rely upon government entities to do the field studies that are needed to validate the groundwater availability model and provide empirical data to decision-maker, Environmental Stewardship has used the public funds from our individual and…