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Smith County authorizes contest of two well permits and hires outside counsel with $50,000 cap
Summary
The Commissioners Court authorized the county judge to file notices of contest to well-permit applications by Pine Bliss LLC and Red Town Ranch Holdings LLC with the Natchez and Trinity Valley Groundwater Conservation District and approved hiring Lisonbee Bass and McGee LLP with a $50,000 not-to-exceed cap.
Smith County Commissioners Court on an undisclosed date authorized the county judge to file notices of contest against well-permit applications submitted by Pine Bliss LLC and Red Town Ranch Holdings LLC to the Natchez and Trinity Valley Groundwater Conservation District and to engage the law firm Lisonbee Bass and McGee LLP to provide legal assistance, subject to a $50,000 not-to-exceed fee cap.
"This is for the contest for the wells that were filed with applications that were filed with the Natchez and Trinity Valley Groundwater Conservation District," said Mr. Wilson, a county staff member presenting the item, recommending the county hire Lisonbee Bass and McGee LLP and include a $50,000 cap in the engagement agreement.
Wilson told the court the county does not yet know the exact amounts of water sought in the permit applications but said there is the potential for an impact on the aquifer beneath Smith County. "This would allow us and allow Smith County to lodge a protest with the Natchez and Trinity Valley Groundwater Conservation District," he said.
A commissioner (unnamed in the record) summarized concerns during discussion: "So if I understand it, correct me if I'm wrong, in a nutshell, we got some rich people who wanna take our water and get a whole lot richer." Wilson replied he did not know the financial standing of the applicants and could not confirm that characterization.
Wilson also told the court that several other counties and at least two water-supply entities have engaged the same law firm; the county noted five other counties were participating in related contests.
Commissioner Moore moved to authorize the county judge to file notices of contest and to engage Lisonbee Bass and McGee LLP with cost sharing and a $50,000 cap; Commissioner Herritt seconded. The court agreed to the motion without recorded opposition and the motion carried.
The court record does not specify the proposed permit volumes or the detailed legal strategy; the county will file formal protests with the groundwater district as authorized.
