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Commissioner Walt Smith details support, issues with HB 2812, SB 2660
Few things are scarier every two years than the state legislature telling you they are here to help and to trust what they believe to be in your best interest. The continual shifts of state law tell us that we should not only listen to those looking out for us, but ensure it is the common citizen who has their representative’s ear and not others who may have convinced them otherwise. At no time have I seen a clearer case of cloaking the greater good of our community in a false sense of fear than surrounding water usage and the current competing bills addressing the Hays Trinity Aquifer which is so important to Hays County.
There are a number of pieces of legislation impacting our most precious local water resource but I’ll limit my comments to the two causing the most debate and concern amongst those of us here in Hays County. These are SB 2660 by Senator Charles Perry and HB 2812 by Rep. Carrie Issac. Each have their flaws and detractors, and each have their supporters. However, a deeper dive into the possible outcomes of both shows a vast difference in opinion as to who should control the future of water in our aquifer.
The first bill is SB 2660, introduced by Senator Charles Perry, Chairman of the Senate Water, Agriculture and Rural Affairs Committee. A staunch conservative and veteran of West Texas water fights, he was tapped by Lt. Governor Dan Patrick to lead this committee. Known for protecting private property rights and agriculture, he’s undertaken this session to bring order to the future of water in the state. SB 2660 is a bill which would bring the Hays Trinity Groundwater Conservation District into the same structure as the Barton Springs/ Edwards Aquifer Authority and the other districts which surround it. As a matter of fact, four districts currently operate in Hays County. The bill, as introduced, would allow for a sustainable funding mechanism for the district where none exists today. Currently, the District is funded through a fee associated with the installation of new wells. Given the massive and every growing population of Hays County, it verges on insane to think the District should be funding itself solely on the development of the very resource it was created to protect. By setting common sense production fees while continuing to exempt both individual domestic wells and agricultural operations certainly seems the viable answer. There are provisions in the bill with which I strongly disagree.
Those include the payment of board members, any changes of open budgetary processes, and any inclusion of domestic wells. It’s for these reasons I Co-sponsored and introduced a resolution for the Hays County Commissioners Court which specifically restated the need for these exemptions, along with the explicit prohibition of any taxing authority, and have continued to work on correcting language with the author of the bill to address these issues while maintaining the core value of adequately funding the District. Senator Perry has committed to working with Rep. Carrie Issac to address these concerns and I fully anticipate changes in the coming days. That said however, it became clear that when the bill was heard in the Senate Committee this week, that some of the folks testifying against the bill were those who have chosen to ignore the citizens of our county and who are the largest violators of our current water restrictions.
In fact, one witness registered on behalf of Aqua, the most flagrant of violators, then introduced himself as representing a different entity entirely, I believe he did so to specifically hide the fact as to whom he was working for, but the Chairman and Committee members were not fooled. Cloaking themselves in the veil of private property rights, at least one of these entities has put the average well owner in Hays County at risk in what they view as a viable legislative and public relations strategy to rob our neighbors of the water they so desperately depend upon. This Pennsylvania- owned corporation (Aqua America) disguises itself as a Texas company under the moniker of Aqua Texas, branding itself as a Lonestar entity while taking direction as to our water future while over pumping our aquifer of over 100 million gallons in 2022 alone, all the while losing over 35% of that water once they pull it from the ground. What may be more concerning is the local water supply corporations which appear to have seemingly aligned themselves with Aqua. I believe most of our citizens have respect for our local water supply corporations which are publicly owned and held accountable by the public. Though the Dripping Springs Water Supply Corporation over pumped in 2023, I don’t believe most people would put them in the same category as Aqua and it is unreasonable to think anyone would expect the District not to treat violations equally, regardless of the utility. At this time, it would make sense for us to agree that the best path forward should be to protect our water resources from those that have repeatedly wasted it and have a history of placing profit over what is best for our future. We can work together and make sure the District has what it needs while at the same time ensuring our utilities are able to responsibly meet the needs of our citizens. We shouldn’t have to sit beside those who only care about profits while they argue on behalf of shareholders in a Senate committee hearing, we should be able to get together as local leaders that care about our community, and work on solving problems. I was proud to support this legislation as was Commissioner Hammer representing Wimberley and the rest of the Commissioners Court and thus far the Cities of Wimberley and Woodcreek as well. It was passed unanimously by the Senate Committee after consideration this week and I encourage you to watch the video and decide for yourself what should be done. Again, I fully expect the issues surrounding problematic portions of the bill to be addressed and Senator Perry stated he is working with Rep. Issac to do so.
By contrast, HB 2812 by Rep. Issac is a bill which I struggle to find any positive aspects to comment upon. In all fairness, I believe she may have introduced it believing some of her constituents wanted it, and I have no doubt those who would want to take water from the aquifer would love it. The problem is the consequences it would bring upon our county. Given the benefit of doubt, I hope this is just simply one of the thousands of bills introduced each session that were just not well thought out, however, I fear that it’s the opposite of the case. This bill would remove ALL volume restrictions on all public water systems in the Hays Trinity Aquifer and thus allow the above-mentioned bad actors the ability to pump the aquifer dry with no oversight. A review of GIS and registration records from the Texas Commission of Environmental Quality (TCEQ), shows there are 140 public water systems over the Hays/ Trinity aquifer. While some may be known to the public such as Aqua in Wimberley or the Dripping Spring Water Supply Corporation, the vast majority are not. Think of every distillery, many wineries, gas stations, water haulers and dozens of restaurants, all without any restrictions. And contrary to the statements of Rep. Issac, none of those nonutility entities would have to answer or be regulated by the Public Utilities Commission (PUC), thus leaving them completely unfettered to pump the aquifer. The state qualifies as public water supplies any entity which draws its water from the ground through a well or distributes it for things such as hand washing, food service and restroom facilities. This may not seem a lot but know that the Groundwater District currently tracks roughly 30 of these entities which used over a half billion, that’s billion with a capitol B, gallons last year alone. Now imagine those entities would have the ability to pump uncapped as much as they wished. It’s more than scary, its reckless and specifically targets the most vulnerable wells in Hays County. Now imagine that all any entity would have to do in order to pump all the water they wanted was to go to the state without input from local stakeholders and neighboring well owners and apply for a public water permit and have the ability to pump as much as possible. Ironically, Electro-purification, a company set on pumping 5 million gallons a day from the aquifer several years ago between Dripping Springs and Wimberley would be able to do so unimpeded. This is the same company that former Rep. Jason Issac worked so hard to stop yet would be completely unchained under this legislation. Or consider the proposed concert venue on Fitzhugh Road which by simply applying and receiving a standard permit from the state would be able to pump away without stopping. I again was pleased that the Commissioners Court took a stand against this bill passing a resolution of opposition which I’ve attached. In all, again, I can find no reason to support HB 2812 and fear its passage would SEVERLY endanger the water security of all Hays County residents.
I feel strongly about these issues as do the other members of the Commissioners Court and the concerned citizens of Hays County, especially when they get a chance to learn of the needs and consequences in our area. I would encourage you to learn more, and I have placed the resolutions passed by the Hays County Commissioners Court and the Cities of Woodcreek and Wimberley pertaining to both pieces of legislation below. I’ve also attached a link to the Senate Water, Agriculture and Rural Affairs Committee consideration of SB 2660 below. Furthermore, given that Representative Issac lives in Woodcreek, I’ve asked to reserve the Wimberley Community Center, convenient to her home, at her availability, to debate both these pieces of legislation. I would welcome a community forum and volunteer to make it work to order to give the public a forum to discuss these important issues.
Link to Senate Water, Agriculture and Rural Affairs Committee consideration of SB 2660: The consideration begins at the 2:23.19 mark: https://senate.texas. gov/videoplayer.php ?vid=21680&lang=en
