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Council considers contesting large groundwater permit application from Bandera County River Authority; staff to report back
Summary
Council discussed a pending permit application to withdraw a large amount of water from the Lower Trinity Aquifer that could affect Bandera’s water supply. Council asked staff to research legal options, locate specialized water counsel if needed, and return with recommendations at the next meeting.
Council received an update about a pending permit application before the Bandera County River Authority/Groundwater District seeking a substantial withdrawal from the Lower Trinity Aquifer and discussed whether the City should initiate a contested-case challenge.
Council members said the applicant is seeking a much larger volume of water than it currently uses and that an approved expansion could affect the region’s primary groundwater resource. Staff reported the River Authority had engaged counsel and that the applicant had completed permitting steps; at least one option presented by the River Authority had sought to limit the requested amount, but the applicant declined those terms and the matter was scheduled for hearing procedures.
City staff asked for direction to begin preliminary work and, if the council desires, to incur limited expenses to obtain specialized water-law counsel. Counsel and staff said a contested case requires filing a formal opposition and subscribing to case notices in advance of hearings, and that any city contest should be prepared with technical and legal expertise. The city attorney recommended gathering filings and cost estimates and returning to council with a scope and recommendation at the council’s August 13 meeting.
Council members asked staff to bring a short report within a week and to put the matter on the next council agenda (the transcript records staff proposing to bring a report back by the 13th). No formal vote to file a contested case was recorded; the council asked staff to continue fact-finding and to return with recommended next steps and cost implications.
