Henderson County authorizes county judge to contest Pine Bliss and Redtown Ranch groundwater permits

Henderson County Commissioners Court on June 3 unanimously authorized the county judge to file a challenge with the Neches and Trinity Valley Groundwater Conservation District to contest groundwater well permit applications submitted by Pine Bliss LLC and Redtown Ranch Holdings LLC and to retain outside legal counsel to assist.

The vote came after more than a dozen residents, water-supply officials and municipal leaders told commissioners they oppose the permit requests and warned the proposed withdrawals could reduce water available to local wells, small farms and water systems. County legal counsel told the court the county likely has standing to file a contest and recommended designating a single county representative and considering retention of specialized outside counsel.

Why it matters: Public speakers said the applications request very large annual withdrawals from the Carrizo-Wilcox aquifer, which supplies private wells and several small water-supply corporations in eastern Henderson County. Commenters described potential effects on shallow wells, farm operations and local water systems and asked the court to act before a June 19 filing deadline and subsequent contested hearing.

Public testimony and local data: Residents said they learned about the permit applications only in the prior week and urged immediate action. Dawn Crossley of Chandler said the application notices list a phone number tied to an individual identified in filings; she asked that the county seek fuller representation on the groundwater board and warned that the total water proposed “15,500,000,000 gallons total between the 2 counties” could be damaging. Danny Crossley, who said he has experience in state public water supply programs, told the court the applications did not clearly identify end uses and that large-scale withdrawals could “deplete the aquifer” over years.

Water-supply corporations described concrete capacity comparisons. Keith Bristow of Pointer Water Supply Corporation said his system produced 2,512,600 gallons in May and that the proposed wells could produce 5,164,020,000 gallons per year (about 14,148,000 gallons per day), roughly six times what his system produces in a month. Dennis Selby, mayor of Berryville, told the court the Pine Bliss application describes 22 wells and flagged inconsistent notifications (nearby property owners were only required to be notified within a half-mile). Several speakers asked why one board appointee to the groundwater district is affiliated with drilling and whether counties should expect more independent representation.

Legal context and next steps: Assistant county counsel/members of the county attorney’s office (identified in-court as “Mr. Straub”) told the court the steps are: (1) determine standing, (2) designate an official to represent the county at the contested hearing, and (3) decide whether to retain outside counsel. Straub noted other East Texas counties (Anderson, Leon and Houston) have already engaged Allison & Bass, a law firm in Austin that specializes in county representation, and recommended the county consider similar representation because of the complexity and potential appeals.

Commission action and logistics: Commissioner McCam moved and Commissioner Richardson seconded a motion authorizing the county judge to file the contest with the Neches and Trinity Valley Groundwater Conservation District against the Pine Bliss LLC and Redtown Ranch Holdings LLC permit applications and to retain legal counsel as needed. The motion passed unanimously. Court staff also noted the filing deadline for protests was 11:00 a.m. on June 19 and that the district hearing was scheduled for that day (the public hearing time was discussed in-court as 1:00 p.m.). Commissioners encouraged residents to file formal protests with the groundwater district and attend the hearing.

What speakers asked the court to consider: Speakers urged (a) explicit monitoring and enforceable restrictions on high-capacity withdrawals; (b) transparency about appointments to the groundwater district and any conflicts of interest when board members have drilling-related business ties; (c) coordinated legal and financial support among affected water-supply corporations and counties, because private challengers are likely to appeal denials to court; and (d) outreach to state lawmakers about statutory protections for local groundwater resources. Several public speakers said an investor identified in media coverage has purchased large acreage and is planning a multi-state water strategy; they urged county resistance to commodification of local water.

Ending: Commissioners framed the authorization as the start of a broader, likely legal, process. The court asked residents to submit written protests to the Neches and Trinity Valley Groundwater Conservation District, to attend the June 19 hearing, and to be prepared to support legal efforts if the matter proceeds to litigation.