Public Policy and Planning
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LCRA permit now pending with Lost Pines’ Board
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
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.
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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.
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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.…
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)
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.
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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
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