Freestone County OKs retainer, notice of contest to oppose commercial well permit

At a Freestone County Commissioners Court meeting, the court authorized the county judge to file a notice of contest and retain the law firm Allison Bass and McGee to oppose a commercial well permit application, court discussion and documents show.

County officials said the immediate purpose of filing a notice of contest is to preserve Freestone County’s ability to join legal challenges later if studies show the proposed water production would harm local wells or the aquifer. A county official described the step as “keeping our name in the fight” while the extent of any impact is evaluated.

Officials discussed technical and legal context: some speakers said the proposed projects would tap the Carrizo-Wilcox aquifer and that groundwater districts — including the Trinity Valley Groundwater Conservation District and other regional districts — can set production limits or fees. One speaker noted the “rule of capture” under Texas law, which allows landowners to pump groundwater beneath their land unless the conservation district imposes limits. County participants also said hydrologic study would be needed to determine whether large-scale pumping could lower water tables and affect neighboring wells.

According to the transcript, the county was advised that engaging Allison Bass and McGee would involve an initial retainer; a speaker said Jim Allison told them the original retainer fee to file the contest was $500. A county official also said there appears to be a filing deadline “before the nineteenth,” and that filing now preserves the county’s right to litigate later if evidence shows an adverse impact.

During discussion, speakers raised possible next steps beyond the filing: commissioning hydrologic studies, coordinating with surrounding counties, and monitoring for related infrastructure, including mention of a proposed large pipeline from a local creek to Lake Palestine. A participant recommended using retained hydrologists to assess drawdown and the possible economic implications for irrigation and livestock.

The court made a motion to authorize the county judge to file notices of contest and to retain Allison Bass and McGee for the contest; a second was recorded and the motion was carried. Documents placed on the record included a retainer agreement and the notice of contest form from Allison Bass and McGee.

County officials said filing the contest does not commit the county to further litigation or spending beyond the initial retainer; they framed the action as reserving the county’s legal position while technical studies and inter-county coordination proceed.

Next steps recorded in the meeting: the county judge will be authorized to execute the retainer/notice paperwork; staff and interested officials will follow up on hydrologic information and coordination with adjoining districts and counties.