Published: March 07, 2008 11:48 am      

Water worries calmed

Deer Creek deal should keep taps flowing into the future

A long-simmering water issue in western Hays County has been kept from reaching the boiling point.

On Thursday, State Rep. Patrick Rose said residents in the Deer Creek Ranch, which includes portions of Hays and Travis counties, had negotiated a solution to their water needs that should last a long time, dealing both with the state and a private utility.

"Deer Creek families finally have a clean and reliable source of water. We've reached this milestone because of the neighbors’ dedication and our partnership," Rose said. "As we approach another Texas summer, these families have the clean water they need to live their lives. Many infrastructure improvements are still needed and I am committed to helping this community. Today proves that when communities and the state partner, the system can work."

In the Summer of 2006, Deer Creek Ranch families went weeks without water. Neighbors called Rose for help and an initial, two-week deal to supply them was reached via a donated 5,200-gallon HEB tanker. During the duration of that patch, the Lower Colorado River Authority (LCRA) supplied the water and a driver.

"We called Rep. Rose, he took charge of our situation, and today we have clean water when we turn on our faucet," said Stephanie and Brad Weaver, long-time Deer Creek residents. "Just two summers ago we were a neighborhood of over 200 homes in crisis with a dry well.”

A Texas Commission on Environmental Quality (TCEQ) report released at that time showed 29 alleged violations from July 24 through Aug. 8, 2006 by the private water utility; including a failure to provide minimum well capacity and a failure to provide a continuous and adequate supply of water.

Realizing that the neighbors needed the security of regular water deliveries while a long-term solution could be reached, Rep. Rose worked with the TCEQ to get the case referred to the Attorney General of Texas (AG) for legal action against the private water utility, Deer Creek Ranch Water Co., LLC.

The AG filed suit in District Court on Oct. 6, 2006 and entered into an Agreed Temporary Injunction with the water company a month later. This temporary agreement set forth timelines and requirements for making improvements at the utility, including the approval of plans for constructing a line to connect with the LCRA’s Hamilton Pool Road water line and a new, additional ground storage tank at the facility.

It also required the utility to maintain a minimum of 50 percent of maximum capacity at the existing storage tank and required delivery of water as needed. Numerous water-hauling companies have been making daily deliveries to Deer Creek Ranch while construction of the surface water line has taken place.

"The Attorney General's team could not have been more effective. They held this water utility accountable," Rose said. "I worked with TxDOT to secure state right-of-way along Hamilton Pool Road for the project and worked with the LCRA to ensure that the utility entered into a water contract. The AG and the LCRA have been invaluable partners in this process and I am grateful for their leadership."

As required by Travis County District Court, the AG and Deer Creek Ranch Water are in mediation to agree on a fine for the 2006 violations and to finalize a timeline for future, needed improvements at the utility. If the talks are not successful, the AG has a court date set for April 14, at 9 a.m.

“With the new water line operational, we have made an important step forward. I will continue to pressure this water utility to make infrastructure improvements that are needed in order to finally overcome almost 30 years of mismanagement,” Rose said. These families' quality of life, as well as their largest investment, their homes, is still at risk."