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!…

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 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…

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)

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.