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Hays County pauses discretionary approvals for high‑water projects, creates review board
Summary
The commissioners adopted an amended resolution pausing discretionary approvals for industrial high‑water projects through Dec. 31 and authorized a Hays County High Water Demand Development Review Board to evaluate water, wastewater and infrastructure impacts for projects that meet thresholds such as 25,000+ gallons/day or 5+ MW load.
Hays County commissioners on June 23 adopted a temporary emergency water protection review period, pausing discretionary approvals for industrial high‑water projects and directing county staff to stand up a Hays County High Water Demand Development Review Board.
Judge Ruben Becerra opened the item by reading the four‑page resolution that lists drought and aquifer declines as emergency findings and sets a temporary pause on discretionary approvals such as tax abatement agreements and development agreements. The draft defines an “industrial high water use project” as proposals that anticipate more than 25,000 gallons per day of water use, include data processing facilities with an electrical load of 5 megawatts or greater, or require large on‑site sewage facilities subject to TCEQ review.
Public commenters urged quick action. “The 180‑day pause isn't going to hurt anyone…we need to start protecting the citizens and listening to them,” said one local organizer who spoke in favor of the pause. Several speakers asked the court to add explicit language refusing county tax incentives for these projects; commissioners accepted that change.
County legal counsel Chase Young told the court the draft minimizes legal exposure but warned there is a small litigation risk if the court pauses discretionary acts; staff and legal worked through edits on the record to harmonize definitions with state standards. Commissioners amended the resolution to run through Dec. 31 (rather than a strict 180 days), to clarify that no county tax incentives (Chapter 381) will be offered during the pause, and to standardize the 25,000‑gallon threshold to match state usage terminology.
The court also directed each commissioner to email two appointee names to staff so the review board can meet promptly; the court agreed that at least two community members on the board must be Hays County residents. Commissioners Inglesby and Hammer volunteered to serve as the court’s representatives. The resolution encourages, but does not require, applicants to submit a checklist of supporting materials including daily/peak water demand projections, cooling‑system engineering, power‑grid impact studies and traffic and noise analyses. The court’s roll call vote adopted the resolution as amended.
