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.  

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.