What is the error cited by Judge Campbell in Final Judgment?

Bastrop County Courthouse

In our last post I left you with the comment:

“After nearly an hour of closed discussion in executive session the Board returned to public session where they openly asked questions of their lawyers and engaged in a discussion with the members of the public who were present.  They then retired to a second executive session before taking any action, apparently in reaction to the public’s comments … all firsts in our 10+ years of experience with this Board. “

We told you we were assessing the implications of those discussions and that we would be back to you on this in the near future. 

Board votes in split decision to appeal Judge Campbell’s decision favoring landowners

The Aquifer Protectors! From L to R, Eric Allmon (attorney for Environmental Stewardship), Michele Gangnes (pro bono attorney for landowners Meyer, Hanna and Brown), Andy Meyer (Paige landowner), Darwyn Hanna (Bastrop landowner), Ernie Bogart (pro bono attorney for landowners Meyer, Hanna and Brown), Betz Brown (Lee County landowner), Don Grissom (pro bono attorney for landowners Meyer, Hanna and Brown), Steve Box (Executive Director Environmental Stewardship)

The Aquifer Protectors! From L to R, Eric Allmon (attorney for Environmental Stewardship), Michele Gangnes (pro bono attorney for landowners Meyer, Hanna and Brown), Andy Meyer (Paige landowner), Darwyn Hanna (Bastrop landowner), Ernie Bogart (pro bono attorney for landowners Meyer, Hanna and Brown), Betz Brown (Lee County landowner), Don Grissom (pro bono attorney for landowners Meyer, Hanna and Brown), Steve Box (Executive Director Environmental Stewardship)

In an ironic twist, having denied Landowners a seat at the table in the original 2014 contested case hearing involving End Op’s application for a massive groundwater permit, the Lost Pines Groundwater Conservation District’s Board of Directors essentially did it again Thursday night. The Board voted 4 to 2 to appeal Judge Campbell’s decision favoring the Landowners. This time, saying they are appealing because they want to be sure they have … A SEAT AT THE TABLE.  

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

ATTENTION BASTROP AND LEE COUNTY LANDOWNERS

READ ON AND TAKE ACTION

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,…

One Landowner’s perspective on a landmark water decision

The following article provides the history of creating the Lost Pines Groundwater Conservation District and one landowner’s perspective on a landmark water decision

Bastrop County Courthouse

This Wednesday, January 17, 2018, Lost Pines Groundwater Conservation District (District or Lost Pines District) will consider and possibly act on its option to appeal Judge Carson Campbell’s January 4, 2018, ruling to the state court of appeals.  (Click here for agenda)

Judge Campbell’s order ruled that the District erred in denying party status to four landowners and REVERSED the District’s decision. Campbell also REVERSED the permit to pump 46,000 acre feet of groundwater per year that was given by the District to Recharge Water, L.P. and REMANDED the case back to the Lost Pines District for proceedings consistent with the Court’s decision.

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.

ES becomes a Waterkeeper Alliance Affiliate

Environmental Stewardship became a Waterkeeper Affiliate organization on September 23, 2016. As a new Waterkeeper Affiliate, Environmental Stewardship works to protect and preserve the Texas Colorado River, associated aquifers, and the bays and estuaries of the Texas Gulf Coast by combining its first-hand knowledge of the waterway with an unwavering commitment to the rights of the community, to ecological health of waterways and aquifers, and to the rule of law.

Robert F. Kennedy, Jr. and Steve Box in Austin, TX.

“Waterkeeper Alliance is thrilled to have Steve Box, Executive Director, to be the eyes, ears, and voice for this vital watershed and community,” said Robert F. Kennedy, Jr., President of Waterkeeper Alliance. “Every community deserves to have swimmable, drinkable, fishable and flowing water, and Mr. Box is the right leader to fight to protect the surface water and groundwater supplies in the Colorado River basin.”
For more information on see our webpage ES’ Waterkeeper Alliance Affiliation.  

Simsboro Aquifer Water Defense Fund (SAWDF)

New Group Launches Fight To Protect Local Groundwater and Aquifers

BastropCoCourthouse2

Bastrop County Court House

ELGIN – Veterans of a long-standing fight to protect the area’s groundwater have joined forces and launched a new organization to help lead that effort.

The new group, the Simsboro Aquifer Water Defense Fund (SAWDF), includes volunteers from the League of Independent Voters, Environmental Stewardship, Sierra Club and Neighbors for Neighbors.

SEE END OF THIS POST FOR LINKS TO ADDITIONAL INFORMATION

SAWDF response to Bastrop Advertiser’s misleading article on July 21, 2016.

Environmental Stewardship Celebrates a Water Achievement in the Central Texas

Groundwater Availability Model improvements will include groundwater-surface water integration for the Colorado River and the Central Carrizo-Wilcox Aquifer

After seven years of advocating for action on groundwater-surface water interaction  gma_12issues in Central Texas, we are on the verge of a major step forward in our efforts to protect the Colorado River and its tributaries from over-pumping of groundwater.   A recent contract between the Texas Water Development Board (TWDB) and INTERA Incorporated will play a vital step in helping planners understand and manage this important ecological and hydrological relationship, thereby achieving one of our major goals – to establishing a science link between groundwater and surface water to inform policy and management decisions.  …

ES, Landowners’ appeal to be heard by Board on August 13, 7:00 p.m., Bastrop Convention Center

Lawyers for Environmental Stewardship and Landowners will make oral arguments before the Lost  Pines Groundwater Conservation District Board of Directors on August 13, 7:00 p.m. at the Bastrop Convention Center.  ES and Landowners are requesting that the decision by the ALJ to deny party status be reversed and remanded back to SOAH for contested case hearing.

The public is encouraged to attend.  Though public comments will not be heard, the face of the people needs to be seen.   This is a very important hearing about your rights to defend your interests in the groundwater beneath your land.

ES, Landowners appeal denial of party status

Environmental Stewardship (ES) and Landowners (Andrew Meyer, Bette Brown, and Darwyn Hanna) have filed an appeal of the decision by the Administrative Law Judge (ALJ) to deny party status in the End Op contested case hearing.  The request was filed with the Lost Pines Groundwater Conservation District Board of Directors on August 1, 2014 and will be heard at a special meeting on August 13, 2014 in Bastrop, TX. The time and location of the meeting has not yet been established.  …

Forestar Files Suit Against Groundwater District & Directors

Forestar (USA) Real Estate Group, Inc. has filed suit in the 335th Judicial District in Lee County against the Lost Pines Groundwater Conservation District and its Board of Directors (Case No. 15,369). The suit is 1) an appeal of the Boards’ decision to deny Forestar’s application for 33,000 acre-feet per year of the 45,000 acre-feet per year of groundwater it requested, and 2) a claim for the taking or damaging of its property, and for its damages and attorney’s fees due to the District’s actions (a takings claim).  

Click here for copy of the petition.

An Open Letter to Lost Pines Board of Directors

An Open Letter to the
Lost Pines GCD Board of Directors from its Constituents
STAND STRONG!

RE:  Forestar (USA) Real Estate Group, Inc. Motion for Rehearing

 

Dear Board of Directors, 

 

Forestar’s request for a rehearing on the permits LPGCD granted earlier this year was on the agenda for the Board’s September 18, 2013, meeting, but was postponed until the October 16, 2013,Board meeting. Several events pertinent to this permit have occurred since that postponement, but the message from the coalition of landowners and citizens who want to protect the future of Lee and Bastrop Counties remains the same:  Stand strong in your duty to protect and conserve the aquifers under our two counties.

 …

Landowners Appeal “Party Stutus”

Landowners in Bastrop and Lee counties who were recently denied the right to be heard in a contested case hearing are appealing the decision.  


The landowners had sought “party status” in the End Op contested case hearing being held before the State Office of Administrative Hearings (SOAH). This administrative decision has broad, significant implications throughout Texas for landowners wanting to protect the groundwater in place beneath their lands. Click here for decision

Coalition Claims Victory at Groundwater Meeting

Mina Elementary 4th grade "Green Team" commented to Board

Mina Elementary 4th grade “Green Team” commented to Board

Bastrop, TX  – The people of Bastrop and Lee counties gained a MAJOR VICTORY at last night’s Lost Pines Groundwater Conservation District hearings.  The Board of Directors listened … and they acted on our behalf. 

THANK YOU Lost Pines BOARD MEMBERS!
1)  LCRA’s request for 10,000 acre-feet/year was cut back 50% to 5,000 acre-feet/year except in years when the counties are in drought conditions.
2)  Forestar’s request for 45,000 acre-feet/year to export was cut back 75% to 12,000 acre-feet/year.
3)  Environmental Stewardship and a group of landowners were accepted for timely filing of their request for “party status” at the End Op contested case hearing to be held before the State Office of Administrative Hearings.

Environmental Stewardship seeks “Party Status” in Contested Permit Hearings

Bastrop, TX May 8, 2013.  Environmental Stewardship has requested “party status” in the contested case hearings requested by Aqua Water Supply Corporation concerning the groundwater permit application by Forestar (USA) Group seeking 45,000 acre-feet/year from the Simsboro Aquifer; End Op, LP seeking 56,000 acre-feet/year ; and the Lower Colorado River Authority seeking 10,000 acre-feet/year.  …

Coalition Asks that Desired Future Conditions be Protected in Permits

PERMIT THIS NOT BANKRUPTCYThe Forestar, End Op, and LCRA applications will harm existing permitted wells, the environment, and are far in excess of the DFC and MAG (defined below).  We, a coalition of Environmental Stewardship, Neighbors for Neighbors, Lost Pines Sierra Club, and Groups United to Advocate Responsible Development “GUARD,” believe that, if permitted at all, individual permits should first be reduced to levels actually supported by the application and then all permits reduced overall as necessary to an aggregate level that, including existing permits, protects the Adopted Desired Future Conditions.  In summary, if permitted at all, Forestar and End Op qualify for less than 5% of the water they are seeking.  In addition, the District needs to factor in the impact of existing permits before issuing any new permits. This has not been done. …

Draw-down Maps obtained by Environmental Stewardship

PERMIT THIS NOT BANKRUPTCY

PRINT FLYER

What does “draw-down” resulting from groundwater pumping look like on a map?  As you may know, the Desired Future Conditions are established in terms of the draw-down, in feet, of aquifers in Bastrop and Lee counties and throughout the District.

Recently, Environmental Stewardship obtained visual images based on the Groundwater Availability Model (GAM) used by the Lost Pines Groundwater Conservation District to evaluate the impact of proposed pumping from current permit applications on the Simsboro Aquifer.  Draw-down, measured in feet, is indicated on the contour lines of the maps below.

Board Sets Contested Hearing for Forestar, End Op and LCRA

Hearingphoto-1_2Here are the results of the meetings held over the last two nights.  We had an overflow crowd at the Wednesday meeting which delayed the start of the hearing for about 20 minutes; we estimate 200-300 people showed up to comment.  Lines of people were able to que up for comments and the combined hearing and board meeting lasted until about 10:30 p.m.   The End Op Hearing on Thursday had very good citizen attendance – likely another 200-300 people – and lasted 3 1/2 hours.  During the Board deliberations after the hearing we learned that Aqua Water Supply Corporation is also contesting the End Op permit application.
 

Hearingphoto

The Board of Directors  has HEARD THE VOICE OF THE PEOPLE.  Both Judges were at the Wednesday night meetings … THANK YOU JUDGES PAPE and FISCHER.
THE BEST VOICE OF THE PEOPLE … IS THE FACE AND TESTIMONY OF THE PEOPLE.

 

THANK YOU FOR SHOWING UP and COMMENTING!

Lost Pines to Permit 5.6 Times More Water than Available

This is INSANE.   Lost Pines GCD is on the verge of permitting five and a half (5.6) times more water from the Simsboro aquifer than is available.  The total amount of Modeled Available Groundwater (MAG) from the Simsboro Aquifer by 2010 is 29,556 acre-feet/year per the Lost Pines Management Plan.  Lost Pines is currently considering permit applications for 119,199 acre-feet/yr which is 4 times more water than is available for pumping.  Adding the current 45,365 acre-feet/year already permitted brings the total to 164,884 acre-feet/yr which is 5.6 times the amount of water currently available (without considering Environmental Stewardship’s ecological concerns).  So far, the General Manager has recommended approval of ALL the applications that have been presented to the Board of Directors. See Permit Concerns for copies of GM Recommendations. 

LOST PINES GROUNDWATER CONSERVATION DISTRICT

will VOTE on the following applications at their next Board Meeting

Heart of Texas Suppliers, LP
Lower Colorado River Authority
Forestar (USA) Real Estate Group, Inc. 
WEDNESDAY, APRIL 17, 2013, 
Regular Board Meeting 6:00 P.M.
Giddings City Hall, 118 East Richmond St., Giddings, TX 78942

 

NOTICE OF PUBLIC HEARINGS
LOST PINES GROUNDWATER CONSERVATION DISTRICT
will hold a public hearing and vote on the following applications
End Op , LP
Manville WSC

WEDNESDAY, APRIL 17, 2013 
Hearing 7:00 P.M.
Giddings City Hall, 118 East Richmond St., Giddings, TX 78942

Steward of the Year

Dale Morrison awarded Steward of the Year

Master trail steward Dale Morrison was recently awarded the “Steward of the Year” award for 2012.  Dale has been the driving force behind development of many miles of hike and bike trails in Bastrop County over the past several years.  Working with other Texas Master Naturalists from the Lost Pines Chapter, they have built trails in Lost Pines Nature Trails, the Colorado River Refuge, and are …

Watershed Workshop in Bastrop County

Bastrop County Map

SMITHVILLE – A no-cost Texas Watershed Steward Workshop on water-quality issues related to the Lost Pines Region will be held from 8 a.m. – 4 p.m. on June 12 at the American Legion Hall, 145 American Legion Road, Smithville.

About Environmental Stewardship

Our Purposes

Environmental Stewardship is a 501(c)(3) tax exempt nonprofit whose purposes are to protect, conserve, restore, and enhance the earth’s natural resources to meet current and future needs of the environment and humans (Public Policy); to gather and use scientific information to restore and sustain ecological services provided by environmental systems (Science & Ecology); and to provide environmental education and outreach in order to encourage public stewardship (Outreach & Education).