Forestar Granted Rehearing on Application

In a reversal, Forestar’s Request for Rehearing was GRANTED in a Special Called Board Meeting.

Our message to the Board:

Nothing has changed, STANDING STRONG! We have your back.

In a special called board meeting held on November 4th, the Lost Pines Board of Directors heard arguments from Forestar’s attorney that, for the first time in public, laid out their proposal for a “phase-in staging” of permits over a 25 year period. This proposal is, in the words of their attorney, “an effort to avoid further conflict and potential litigation”. Forestar has made their position clear: Obtain permits for 45,000 acre-feet per year … or … litigate. The board voted to grant a re-hearing, but the date has not been set.

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November 17, 2013Steve BoxCarrizo-Wilcox Aquifer, Environmental Stewardship, Groundwater, Groundwater Districts, Simsboro AquiferForestar (USA) Real Estate Group, Lost Pines Groundwater Conservation District

Forestar’s request denied, setting stage for litigation

Forestar’s Request for Rehearing was “essentially denied” by Lost Pines Board of Directors.

THANK YOU BOARD for STANDING STRONG! We will have your back.

In a bitter-sweet victory, and to a standing ovation of local landowners and citizens, the Lost Pines Board of Directors “essentially denied” Forestar’s request for a rehearing of their application for 45,000 acre-feet of groundwater per year when the motion failed to get a second and no action was taken to grant or deny the request. “This [request] has essentially been denied,” said President Mike Talbot. …

October 17, 2013Steve BoxCarrizo-Wilcox Aquifer, Groundwater, Groundwater Districts, Simsboro AquiferForestar (USA) Real Estate Group, Hays County Commissioners Court, Lost Pines Groundwater Conservation District

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.

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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

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October 9, 2013Steve Box1 CommentCarrizo-Wilcox Aquifer, Environmental Stewardship, Groundwater, Groundwater DistrictsDay Decision, End Op Contested Case Hearing, Landowners, Lost Pines Groundwater Conservation District, State Office of Administrative Hearings (SOAH)

Judge to rule on “party” status in September

Decision by Judge on 5 hour End Op hearing due early September.

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 a preliminary hearing on Monday, August 12, 2013, Administrative Law Judge Michael O’Malley from the State Office of Administrative Hearings (SOAH), heard testimony and arguments from End Op (applicant), Environmental Stewardship and three landowners (petitioners), and counsel for the Lost Pines Groundwater Conservation District regarding the petitoners request for “party” status. After 5 hours of testimony and cross-examination, Judge O’Malley advised that he will receive written responses by August 29th and will issue an order on his decision in early September. A hearing on the merits of the contested case hearing will likely be held in February, 2014.
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August 13, 2013StewardColorado River, Environmental Stewardship, Groundwater, Groundwater Districts, Simsboro AquiferAqua Water Supply Corporation, End Op Contested Case Hearing, Lost Pines Groundwater Conservation District

ES Urges Board to Stay the Course

We have a simple message to deliver to the Lost Pines Board tonight:

“Thank you, you are doing the right thing. WE HAVE YOUR BACK.
STAND TALL AND STAY THE COURSE”.

Forestar Group (USA) took initial steps on June 3rd to enable it to file suit against Lost Pines Groundwater Conservation District (District) when it formally requested “Findings of Fact and Conclusions of Law” from the District (Forestar letter). We believe that Forestar is pressuring the Board to reverse their decision and grant all 45,000 ac-ft/yr of groundwater as requested, OR BE SUED. …

Forestar Moves to Sue Groundwater District

Big Money (Forestar) rolls out big guns (Lawyers) to intimidate guardians (Lost Pines GCD Board) into capitulating (giving them what the want) rather than protecting our groundwater resources. We need your help to let the Board know that they are doing the right thing in protecting our groundwater and WE HAVE THEIR BACK. Ask them to please “stand tall and stay the course”.

Plan to attend the July 17, 2013, meeting of the Lost Pines GCD Board at 7:00 pm at Bastrop City Hall, 1311 Chestunt Street, Bastrop, TX. We will be providing more information about this meeting and what you can do to support the Board.…

Coalition Claims Victory at Groundwater Meeting

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.
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May 16, 2013StewardEnvironmental Stewardship, Groundwater, Groundwater Districts, Simsboro AquiferEnd Op, Forestar (USA) Real Estate Group, Groups United toAdvocate Responsible Development "GUARD", Independent Texans, Lost Pines Groundwater Conservation District, Lost Pines Sierra Club, Lower Colorado River Authority, Neighbors for Neighbors

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. …

May 9, 2013StewardEnvironmental Stewardship, Groundwater Districts, Simsboro Aquifer, Surface WaterEnd Op, Forestar (USA) Real Estate Group, Lost Pines Groundwater Conservation District, Lower Colorado River Authority

Coalition Asks that Desired Future Conditions be Protected in Permits

The 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. …

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May 1, 2013StewardEnvironmental Stewardship, Groundwater, Groundwater Districts, Simsboro AquiferEnd Op, Forestar (USA) Real Estate Group, Groups United toAdvocate Responsible Development "GUARD", Lost Pines Groundwater Conservation District, Lost Pines Sierra Club, Lower Colorado River Authority, Neighbors for Neighbors