OP / ED
As the Commissioner for Hays County Pct. 4, it is important to stand for all of our citizens in protecting their property rights, wells and ability to thrive. SB 1253, which will finally give our Hays Trinity Groundwater Conservation District the tools it needs to protect our property rights and water resources, does just that. By giving it the exact same authority as every other groundwater district in the state, including the other three which operate in Hays County, it will finally be able to hold accountable those who have chosen profit over our people.
The problem: Wells across Hays County are running dry. The Hays Trinity Groundwater Conservation District has been crippled since its creation, unlike other districts statewide, it lacks authority to collect property taxes or production fees from commercial wells. With only minimal well construction and connection fees (a one time fee of $1000), the district cannot enforce pumping restrictions or fight expensive litigation from out-of-state corporations and commercial abusers that overpump the aquifer by millions of gallons.
The solution: SB 1253 allows the district to charge commercial wells up to 30 cents per 1,000 gallons — the same authority every other groundwater district in Texas already has. This modest fee (adding just $0.90-$3.00 monthly to residential water bills) will fund proper aquifer management and enforcement.
Protecting property rights: Without adequate groundwater management, our land becomes worthless. Many Hays County property owners are already trucking water to their homes and businesses. This bill protects the water beneath our property — our most fundamental property right. Bad actors who continue to overpump their permits have made this problem even worse. By taking hundreds of millions of additional gallons from the aquifer they are helping dry it up, and wells are failing. The only option for these homeowners and businesses: purchasing bulk water from the very entities that have caused their problems. To further target these vulnerable residents, and in a last ditch effort to take down the bill, the Dripping Springs Water Supply Corp. has now stated they may stop selling bulk water to those they helped put in this very situation. This is a political ploy as a simple reading of the bill clearly shows not one mention of curtailing bulk or metered water sales. In fact, the HTGCD has asked in the past for the DSWSC specifically to apply for a free, permanent permit, which would allow them to sell water to anyone seeking bulk water.
This permit, called a transfer permit, would ensure they could sell water to anyone and yet they have refused to apply.
As a board member of the West Travis County Public Utility Agency, I am working hard to create a solution to this vindictive attack on our citizens and establish a bulk water location for residents to continue to receive water. Bulk haulers can currently purchase a fire hydrant meter and the WTCPUA has identified several locations where they could be installed in the Dripping Springs area. Additionally, the WTCPUA is identifying options for a retail bulk water location or locations to be installed as soon as possible, and I anticipate its consideration at the next meeting of our Board. I have also discussed with the city of Dripping Springs the possibility of an additional bulk location.
Conservative Principles: SB 1253 doesn’t create new regulations — it simply provides funding for existing conservation measures. Residential and agricultural wells remain exempt from permits and fees. The district’s elected board remains accountable to local voters. In fact, at the district’s most recent board meeting they adopted a resolution, which addressed many of the concerns I myself had with the legislation, and I’ve attached it to this statement to further clarify any concerns. Specifically, on June 5, the Hays Trinity Groundwater Conservation District adopted the following: They…. will not prohibit any permittee that is complying with the requirements of their permits, the district’s rules, and Chapter 36 of the Texas water code from making bulk water sales; will not create any tax on permittees, exempt well owners, or residents; will not require meters or groundwater production fees on any domestic or livestock wells; will not adopt a budget without public input and public hearing; will not enter private property to inspect a well without following the specific procedures required by statute, including advanced notice and showing proper credentials; will not hold elections for Directors outside of the standard election dates, as required by the Texas Election Code; and cannot and will not Compensate Directors for their service.
The old adage that, “in Texas, water is for fighting” is truer than ever. I support the work of Senator Perry, Senator Campbell and the other 29 State Senators who took their direction from Lt. Governor Dan Patrick to strengthen the property owners of Texas by protecting their water. I’m proud the House passed its legislation by a wide margin and Senate passed it unanimously with the support of local elected officials such as myself, Commissioner Hammer and the unanimous support of the councils in both Woodcreek and Wimberley. I urge you to know the facts and not be bullied or misled by those that would profit at the expense of you or your neighbors.
