Forestar’s request denied, setting stage for litigation

Forestar’s Request for Rehearing was “essentially denied” by Lost Pines Board of Directors.  

THANK YOU BOARD for STANDING STRONG! We will have your back.  

In a bitter-sweet victory, and to a standing ovation of local landowners and citizens, the Lost Pines Board of Directors “essentially denied” Forestar’s request for a rehearing of their application for 45,000 acre-feet of groundwater per year when the motion failed to get a second and no action was taken to grant or deny the request.  “This [request] has essentially been denied,” said President Mike Talbot.   In accordance with Rule 14.6.A(5) “The failure of the Board to grant or deny a request for rehearing before the 91st day after the date the request is submitted is a denial of the request.”  The 91st day since Forestar requested a rehearing is on, or about, November 5, 2013.

Having been denied a rehearing, Forestar has exhausted all of its remedies with the Lost Pines Groundwater Conservation District and is now free to seek a judicial appeal of the Boards decision in state district court in Bastrop County.  Forestar’s attorney Edmond R. McCarthy said in his closing comments to the Board just moments before the motion was denied, in what appeared to be a not-so-veiled threat, “if you don’t give us our request[ed rehearing], this District has issued its last permit.”

As reported earlier (see Open Letter), Forestar has entered into a “water reservation” contract with Hays County Commissioners Court for 45,000 acre-feet of water per year, even though Forestar only has a permit for 12,000 acre-feet per year.  Hays County is paying Forestar $5 Million over five years to reserve water Forestar does not have to sell, and is encouraging and funding what now becomes Forestar’s and Hays County’s hostile attempt to get the additional 33,000 acre-feet of water per year by SUING LOST PINES IN STATE DISTRICT COURT.

THANK YOU FOR SHOWING UP AND SHOW THE BOARD THAT YOU SUPPORT ITS CONSERVATIVE APPROACH 
TO PROTECTING THE GROUNDWATER UNDERNEATH 
BASTROP AND LEE COUNTIES. 
 
OUR JOB NOW IS TO DO ALL WE CAN TO BACK THE BOARD
DURING THE LAW SUITS THAT WILL FOLLOW.    

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