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



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,…

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.