Council weighs cost, timing of contesting groundwater permit that could affect city wells

The City of Bandera council debated whether to pursue standing to oppose a permit application before the Bandarang County River Authority Groundwater District for withdrawals from the Lower Trinity Aquifer that could affect city wells.

Sam (identified in the discussion as a city representative) said he had consulted attorneys and outside water experts and reported that a contested hearing could take about a year and cost roughly $75,000 to see through, though costs could rise if proceedings became more complex. He said one cost‑saving option might be to share fees with a nonprofit already involved in the matter if no conflict exists. He cautioned that legal standing for the city would turn on whether modeling shows a measurable impact to the city’s wells.

Council members asked about procedural deadlines: staff said the river authority held preliminary hearings on Aug. 12 and Sept. 12 and that the city was given a Sept. 5 deadline to file for standing. One council member asked whether the initial filing requires payment; staff said there is likely a filing fee or retainer but that details would depend on the retained firm. Several council members expressed concern about the expense and the potential for protracted litigation; one said, “I prefer that the city stay out of it,” while another cautioned it could be dragged out by parties with deep resources.

No formal motion to retain counsel or to file for standing was made in the workshop. Staff described options if the city lacks standalone standing—such as joining as a member of the other organization involved—while noting that joining may not create separate city standing. The council asked staff to continue gathering information; no final decision was recorded during the session.