Hays County Judge Ruben Becerra announced his plans to initiate a moratorium on approval of permits for new industrial developments requesting over 25,000 gallons of water per day, which equates to 10 million gallons a year, at a press conference Monday, Feb. 16 at the headwaters of Spring Lake.
“This is a temporary pause to evaluate impacts and ensure long term water security for our residents and agriculture,” Becerra said. “We cannot allow our aquifers to be depleted in a single generation.”
Becerra also announced his plans to implement a task force to conduct a comprehensive review of the county’s water supplies, current customer base, existing system capacity and projected future capacity.
“We can no longer afford to make decisions without clear data and coordinated planning,” he said.
Becerra clarified that he does have “a certain level of authority” to pass this moratorium on his own as the Director of Emergency Management but prefers to get support from the court. He plans to bring the moratorium to the Commissioner’s Court for a vote at the next meeting, which is next week.
Becerra said he was unsure the impact that a moratorium at the county level would have on cities in Hays county.
“Usually, each governing body is autonomous and independent,” Becerra said. “On the surface, my impression would be that they have to govern themselves and approve or deny anything that they’re doing autonomously. I don’t think we have the authority or capacity to do it, but I believe the most powerful thing we can do is send a signal as to how we feel.”
The Daily Record reached out to the city of San Marcos and the county attorney to better understand the impact of a county moratorium on the cities but had not heard back as of time of press.
Becerra said that he has sent a letter urging all water providers in the county to implement Stage 4 water restrictions or equivalent.
“In a letter, I have urged all water providers to implement stage four water restrictions or equivalent. However, relying solely on residential conservation is insufficient and unfair when high water demand industrial developments continue to be approved,” Becerra said. “While I have always supported business, I opposed unchecked water use; we must pause approvals for high impact operations until scientific evidence confirms they will not harm our residents.
According to Madeline Baker, a spokesperson with the city of San Marcos, the city is currently in Stage 3 drought response, which has been in effect since October 27, 2024. Stage 3 is the highest restrictions of the three stages.
Becerra was asked the impact that the county moratorium would have on the city council vote the next day regarding the Maberry Data Center, and he said it would have no impact, as that vote comes before the moratorium vote at the Commissioner’s Court.
“It’s up to us as a community to put the pressure on our city council to do the right thing,” Becerra said.
Editor’s note: This article was written Monday before the City Council meeting on Tuesday where the vote on the Maberry Data Center would occur.
Becerra was asked if the Cloudburst Data Center, which has already broken ground, would be impacted as this would be a moratorium on new developments.
“I will tell you that not all their permits have been approved,” Becerra said.
The moratorium will come before the Commissioner’s Court for a vote on Feb. 24.
