TCEQ adopts ALJ recommendation to create Hays Commons MUD despite water‑quality objections

The Texas Commission on Environmental Quality voted Sept. 24 to adopt an administrative law judge's proposed order creating Hays Commons Municipal Utility District in Hays County, approving road powers and clearing the petition for district formation.

The commission's action, taken by motion and unanimous voice vote, came after lawyers for both the petitioner and multiple protestants argued over whether the record adequately addressed water quality, groundwater impacts and the reasonableness of projected construction costs. Protestants and the Office of Public Interest Counsel urged the commission to deny the petition, citing the district's location largely within the Edwards Aquifer recharge zone and unresolved questions about wastewater disposal plans.

The dispute focused on three core issues, according to the protestants' presentation: whether alternative retail water service from the city of Austin was reasonably available; whether creating the district would have an unreasonable effect on water…