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.

…

October 19, 2017Steve BoxCarrizo-Wilcox Aquifer, Colorado River, Environmental Stewardship, Groundwater, Groundwater Districts, Science & Ecology, Simsboro Aquifer21st State District Court, Aqua Water Supply Corporation, Bastrop County, End Op, Groundwater permits, Judge Carson Campbell, Landowners, Lost Pines Groundwater Conservation District

Simsboro Aquifer Water Defense Fund (SAWDF)

New Group Launches Fight To Protect Local Groundwater and Aquifers

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.

…

July 14, 2016Steve BoxCarrizo-Wilcox Aquifer, Colorado River, Environmental Stewardship, Groundwater, Groundwater Districts, Simsboro Aquifer, Surface WaterAdministrative Law Judge Michael J. O’Malley’s (ALJ), Aqua Water Supply Corporation, Bastrop County District Court, End Op Contested Case Hearing, Landowner Appeals, Landowners, Lost Pines Groundwater Conservation District, Simsboro Aquifer, Simsboro Aquifer Water Defense Fund (SAWDF), State Judge Carson Campbell

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.

…

August 8, 2014Steve BoxCarrizo-Wilcox Aquifer, Environmental Stewardship, Groundwater, Simsboro AquiferAqua Water Supply Corporation, End Op Contested Case Hearing, Landowners, Lost Pines Groundwater Conservation District

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.
…

August 13, 2013StewardColorado River, Environmental Stewardship, Groundwater, Groundwater Districts, Simsboro AquiferAqua Water Supply Corporation, End Op Contested Case Hearing, Lost Pines Groundwater Conservation District