Hays County delays proposed pause on high‑water projects after legal and procedural concerns

Judge Reuben Becerra brought forward a draft resolution proposing a 180‑day “temporary emergency water protection review period” that would defer certain discretionary approvals for industrial high‑water projects while the county evaluates cumulative water impacts and forms a Hays County High Water Demand Development Review Board.

The ballot‑length draft defined industrial high‑water projects with measurable thresholds — for example, anticipated water demand above 25,000 gallons per day; data processing or server hosting with projected electrical load of 5 megawatts or greater; industrial cooling operations using more than 10,000 gallons per day; or on‑site sewage facilities triggering TCEQ review — and directed staff to seek joint regional study and state legislative action. “I’m asking the court to be bold with me,” Judge Becerra said, urging a clear county stance on protecting aquifers.

Legal staff cautioned the court that several parts, especially the review checklist (Exhibit A) and mandatory studies, could overstep county statutory authority and risk litigation. Chase Young, assistant criminal district attorney, told commissioners that some required items would be “problematic for the county to do” and recommended turning mandatory items into voluntary submittals or narrowing the enforceable elements. Commissioners asked legal and staff to redraft the language so it is legally defensible and precise. The court agreed to table the item for further edits and return it to the agenda on June 23, with revised legal language to be posted in advance.