Austin American-Statesman

WATER BATTLE IS BREWING AMONG THE LOST PINES

Concerns rise about possibilit­y of drying out area aquifers.

- By Brandon Mulder bmulder@acnnewspap­ers.com

BASTROP — When David Teuscher bought property in Bastrop County in 2014, it was intended to be a place that would stay in his family for generation­s. But this summer, as word spread about a proposal to pump billions of gallons of groundwate­r to sell to the swelling cities along Interstate 35, Teuscher grew concerned.

He and about 120 landowners from across Bastrop and Lee counties gathered in a room behind the American Legion Hall in Bastrop last week to get some answers: How could they ensure their underlying aquifers would not become a watering hole for the western cities? What recourse would they have if that pumping caused their own wells to run dry?

“I need to know what’s going

on here — I need to know where we’re going to be at in 60 years,” said Teuscher, an orthopedic surgeon from San Antonio. “I don’t want my grandchild­ren to say: ‘How did they get away with keeping us dry?’ ”

Earlier this year, the Lower Colorado River Authority submitted applicatio­ns to drill eight water wells into the Simsboro Aquifer, utilizing groundwate­r rights it purchased in 2015 from the Boy Scouts’ Griffith League Ranch. The LCRA is asking to pump up to 25,000 acrefeet of water a year — equivalent to about 8.15 billion gallons — by 2026 and export that water to customers in the fast-growing areas of Central Texas.

On Wednesday, those applicatio­ns will be considered by the Lost Pines Groundwate­r Conservati­on District, which manages and regulates groundwate­r pumping in Bastrop and Lee counties. Ahead of that meeting, local environmen­tal groups are teaming up with landowners to organize opposition to LCRA’s request.

On Sept. 13, Michele Ganges, director of the Simsboro Aquifer Water Defense Fund, stood at the head of the room for several hours urging landowners to contest the LCRA’s applicatio­n.

“There’s safety in numbers,” she said.

“We’re not going to defeat permits, because that doesn’t happen under Texas groundwate­r law. But we can certainly try and limit their amount” of pumping, she added.

A litigious resource

This is not the first time grass-roots organizati­ons in Bastrop County have drummed up forces against companies wanting to export groundwate­r. In 2013, the groundwate­r conservati­on district began considerin­g permit applicatio­ns from two water marketing companies — Forestar Group and End Op, now known as Recharge Water — that had designs to sell Bastrop County groundwate­r to households and businesses in Hays, Travis and Williamson counties.

Forestar asked to pump 45,000 acre-feet per year from the Simsboro Aquifer, but after lawsuits filed by local groups dragged on for years, a settlement was reached in 2015 that provided Forestar 28,500 acrefeet. (An acre-foot is roughly equal to the amount of water used by four average Austin households to meet their annual washing, watering and drinking needs.)

Today, without contracts or constructe­d pipelines, Forestar’s three wells sit unused.

End Op simultaneo­usly requested to pump 46,000 acre-feet per year. But after Aqua Water Supply — Bastrop County’s primary water supplier with 21,000 customers — contested the applicatio­n, the conservati­on district sent the case to the State Office of Administra­tive Hearings for review. The administra­tive judge sided with End Op and recommende­d the conservati­on district award it the full 46,000 acre-feet, or roughly 15 billion gallons a year.

Local landowners and environmen­tal groups sued the district, arguing that they were falsely denied party status while the permit was under review. But an appellate court sided against them earlier this month, ruling that landowners’ petition to intervene in the case was filed past a deadline. Barring a further appeal to the state Supreme Court, the ruling effectivel­y releases End Op’s permit after five years of being tied up in court.

The fallout from that case might mean that a larger onus could be placed on landowners or businesses with pre-existing wells, especially those like Aqua Water Supply with legal and hydrologic­al resources. Whether Aqua Water will contest LCRA’s case is undetermin­ed, but Aqua Water General Manager Dave McMurry said that the company will “almost certainly” intervene.

“I will say in general we’re not very fond of companies taking water out of the area,” McMurry said. “But normally, because we understand the way the system works, we try and negotiate with them to get the best deal that we can for our customers. Sometimes we can; sometimes we can’t.”

Those negotiatio­ns could end with certain restrictio­ns or precaution­s in the permit’s language, including mitigation agreements or phasing-in pumping over several years — one restrictio­n the LCRA and district have agreed on.

“We’re the biggest player in the region. Anyone trying to take water will almost certainly be affecting our water system,” McMurry said.

‘Long-term planning’

It’s not publicly known to whom the LCRA will sell the water it’s seeking. Though the river authority did not grant an interview for this story, it said in a written statement that “the water could be used throughout LCRA’s Central Texas service area for manufactur­ing, irrigation and power production. To wait until the need arises to begin to look for new supplies would be irresponsi­ble.”

The river authority was created in 1934 by the Legislatur­e to develop the state’s natural resources. The developmen­t of water supplies — whether from surface water or groundwate­r sources — is fundamenta­l to the authority, the statement read.

Bastrop County’s groundwate­r would flow into the authority’s system, which serves customers within a 20-plus county region along the Colorado River basin — from the Hill Country to Matagorda Bay.

Leveraging groundwate­r resources is a relatively new enterprise for the authority; most of its water resources come from the Highland Lakes. Recently, the authority drilled four wells at Lost Pines Power Park near Lake Bastrop to pump up to 10,000 acrefeet of water a year, with a limit of 6,500 acre-feet a year averaged over a fiveyear period.

“In analyzing growth projection­s, it is clear that Texas – and particular­ly Bastrop County and Central Texas – is a desirable destinatio­n for both people and new businesses, and as a responsibl­e water provider, we need to expect and prepare for continued growth,” the authority said.

Lawsuit likely ahead

Local environmen­tal groups see it as a water grab. Steve Box, executive director of Environmen­tal Stewardshi­p, estimates 25,000 acrefeet of water could be worth between $25 million and $50 million retail. And while leaders of the grass-roots effort say they are averse to litigation, the End Op and Forestar cases show they’re not afraid of using lawyers.

One attorney, James Murphy III, a water law expert with Halff Associates, stood before last week’s gathering of concerned landowners and said the LCRA had no business pumping their groundwate­r.

“What do they want this for? They want your water, so they can keep Lake Travis high, so all those folks who are very well-to-do on Lake Travis can launch their boats during periods of drought,” Murphy said.

Others who’ve been closely involved in Bastrop County water cases believe LCRA’s permit applicatio­n likely will wind up in court. James Totten, general manager of the Lost Pines Groundwate­r Conservati­on District, hopes that both parties will make sufficient concession­s to avoid litigation.

State Rep. John Cyrier, R-Lockhart, who represents Bastrop County, recognizes that this case is just one of several ongoing water disputes across the state over the last several years.

“Nowadays, pretty much any of these water permits are not going through smoothly,” he said. “Water is a serious topic and is the lifeline for all of us, including our own growth in Bastrop County.”

 ?? NICK WAGNER / AMERICAN-STATESMAN ?? Ernest Pease makes a comment during a meeting Sept. 13 in Bastrop. The meeting allowed environmen­tal activists and landowners to strategize against a permit applicatio­n that would let the LCRA to pump over 8 billion gallons of groundwate­r per year.
NICK WAGNER / AMERICAN-STATESMAN Ernest Pease makes a comment during a meeting Sept. 13 in Bastrop. The meeting allowed environmen­tal activists and landowners to strategize against a permit applicatio­n that would let the LCRA to pump over 8 billion gallons of groundwate­r per year.
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 ??  ?? Lewis Sharpe (right) helps Andrew and Mary Wier identify the location of their well during a meeting Sept. 13 in Bastrop. “We live off of our well, municipal water services don’t reach us,” Andrew Wier said. “We don’t have a choice.”
Lewis Sharpe (right) helps Andrew and Mary Wier identify the location of their well during a meeting Sept. 13 in Bastrop. “We live off of our well, municipal water services don’t reach us,” Andrew Wier said. “We don’t have a choice.”
 ?? NICK WAGNER / AMERICAN-STATESMAN ?? Lewis Sharpe identifies the location of wells during a meeting Sept. 13 in Bastrop. Local environmen­tal groups see the LCRA’s proposal as a water grab.
NICK WAGNER / AMERICAN-STATESMAN Lewis Sharpe identifies the location of wells during a meeting Sept. 13 in Bastrop. Local environmen­tal groups see the LCRA’s proposal as a water grab.
 ??  ?? Tommy Claiborne makes a comment during a meeting Sept. 13. About 120 landowners from across Bastrop and Lee counties gathered in a room behind the American Legion Hall in Bastrop last week to get some answers.
Tommy Claiborne makes a comment during a meeting Sept. 13. About 120 landowners from across Bastrop and Lee counties gathered in a room behind the American Legion Hall in Bastrop last week to get some answers.

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