We are pleased and grateful to claim a partial victory in the contested case hearing on LCRA’s application for a groundwater pumping permit. The judges have issued a Proposal for Decision (PFD) that includes the recommendation that surface water monitoring must be done by LCRA as a part of the permit. See the attached press release and summary of the key findings as they relate to surface waters.
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Environmental Stewardship’s legal team — Marisa Perales (center) and Eric Allmon (right) — cross-examining Lost Pines District’s hydrogeologist William Hutchison (left) on the impacts of LCRA’s pumping on the Colorado River.
A contested case hearing before two Administrative Law Judges on LCRA’s application for a permit to pump up to 8.15 billion gallons of groundwater annually from underneath Bastrop County ended on October 22, 2019. Environmental Stewardship and the landowners were successful in making their arguments before the judges who are expected to render an opinion next spring … likely late April or May.
After hearing six days of testimony, Administrative Law Judges Rebecca Smith and Ross Henderson of the State Office of Administrative Hearings set a procedural schedule that lays out the next steps of what has been a year-long process. The eight parties in the case have until December 20th to file their final closing arguments and until January 31, 2020 to file written rebuttals or replies.
The administrative law judges will make a recommendation in the form of a “proposal for decision” to the Lost Pines Groundwater Conservation District’s Board of Directors. Lost Pines District is the local government entity that manages groundwater resources, regulates pumping, and sets desired future conditions in Bastrop and Lee counties.
THIS POST WILL BE UPDATED with LINKS to ADDITIONAL INFORMATION
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Hearing on LCRA’s Application for Groundwater Permit – October 15-18 – Bastrop Convention Center, Bastrop, Texas. A brief summary of Days 1-4 of the hearing. What follows is a summary of what happened at the first four days of the hearing. The focus is from a perspective of Environmental Stewardship (ES) and the Landowners’ cases and…
Hearing on LCRA’s Application for Groundwater Permit. October 15-18 and 21-22, 10:00 am, Bastrop Convention Center, Bastrop, Texas. We are urging that you attend the opening session on Tuesday, October 15. Remember September 2018 when over 125 landowners and Environmental Stewardship formally protested the permit that the Lost Pines Groundwater Conservation District proposed to issue…
Mark your calendar: Hearing on LCRA’s Application for Groundwater Permit. October 15-18 and 21-22 at 10:00AM, Bastrop Convention Center, Bastrop, Texas. We’ve been busy preparing for the Contested Case Hearing on LCRA’s application to pump 25,000 acre-feet of groundwater per year from Bastrop County. Yes, we have been missing in your inbox for months now…
We are pleased to share our enthusiasm as Environmental Stewardship (ES) finishes 2018 having made significant advanced in attaining several of its primary goals. We are excited to be going into 2019 well positioned to provide best available science into several critical public policy considerations and decisions.
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Protestants admitted as parties to LCRA Contested Case Hearing at December 19th Prehearing Conference.
A hearing to determine party status of 127 individuals and organizations protesting LCRA’s application for a permit to pump groundwater from Bastrop County was held on December 19, 2018. The hearing was ordered by State Office of Administrative Hearing Law Judges (ALJs) Michael J. O’Malley and Laura M. Valdez.
Environmental Stewardship and a group of 43 landowners were admitted as parties to the contested case hearing to be held next fall. Lost Pines Groundwater Conservation District, Aqua Water Supply Corporation, City of Elgin, and Recharge Water, LP, along with 12 unrepresented landowners were also admitted. To ensure that all parties have a justiciable interest, each entity and individual is required to file an affidavit no later than February 9, 2019 (Order 2). Any objections to party status must be filed no later than February 19, 2019.
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Hearing set for September 26th, 7:00 pm, Bastrop Convention Center, 1408 Chestnut Street, Bastrop, TX 78602The Lower Colorado River Authority (LCRA) applied with the Lost Pines Groundwater Conservation District (District) for groundwater operating and transport permits for eight (8) wells, for a total combined maximum annual production of up to 25,000 acre-feet/year on February 21, 2018. A public hearing on the application has been set for September 26, 2018.
Persons interested in opposing the permit must give notice to the Lost Pines GCD five (5) days BEFORE the hearing — by close of business on September 21, 2018 — to participate in a contested case hearing on the application. Friends of Bastrop Water and Simsboro Aquifer Water Defense Fund will be holding a public meeting for persons interested in opposing the LCRA’s pending wells. The meeting is September 13, 2018 at 4:30 and 7 pm at the American Legion Hall, 303 Loop 150 E, Bastrop, TX 78602.…
The TCEQ is in the final phase of reviewing the LCRA’s application to amend its Highland Lakes Water Management Plan (WMP). Stakeholders from all sides of the issues made oral comments and submitted written comments during the month-long comment period that ended last week.
Environmental Stewardship (ES) provided both oral and written comments urging protection of the Colorado River and Madagorda Bay by guaranteeing “essential life support” level environmental flows. ES also urged the TCEQ and LCRA to take a leadership role in doing the studies necessary to understand why more rain in the contributing watershed for the Highland Lakes has resulted in less inflows.
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