First: Last night the Board of Directors held a rehearing on the Forestar application requesting 45,000 acre-feet of groundwater per year. The Board has previously granted Forestar a permit for 12,000 acre-feet per year.
The hearing was a well attended and well organized. We thank the Board and staff for working with Environmental Stewardship and others to ensure that the public had an opportunity to hear the arguments of the Applicant (Forestar) and District Staff prior to making public comments. We also thank the Board for allowing the public to pool its time so that we could make our arguments in a manner that could be heard and understood by the Board, the Applicant, and the Public.
At the conclusion of the hearing, the Board adjourned the hearing but did not take action on the application. Our impression is that the Board will take some time to review the information provided at the hearing and make a written response to the Applicant early next year. At that time the decision of the Board on the application will be final. The board can, however, render its decision any time before that date.
Our message to the Board:
Nothing has changed, STANDING STRONG!
We have your back.
Second:
Environmental Stewardship (ES) presented a comprehensive review of
previous information provided to the Board, responded to Forestar
allegations, and presented new technical information on the
application. The new information was from the work of a certified
hydrogeologist, George Rice, who was retained to review the technical
studies conducted by the District (called Groundwater Availability Model
(GAM) files), and extract new information on the impact of pumping
large quantities of groundwater on surface waters, the Colorado River,
and other aquifers.
Rice's report concluded: Forestar's pumping would:
- Reduce hydraulic heads in the Hooper, Simsboro, Calvert Bluff, and Carrizo aquifers.
- Where these aquifers are confined, the reduced heads would cause water levels in wells to decline
- Where these aquifers are unconfined (i.e., recharge areas), the reduced heads would cause dewatering of portions of the aquifers.
- Reduce groundwater discharge to the Colorado River, thereby reding the amount of water flowing in the river.
It
should be noted that this information was not extracted and reported to
the Board by the General Manager when he made his recommendations to
approve 100% of the applicant's requested pumping.
Click below for copies of documents:
Third:
As reported earlier, Forestar (USA) Real Estate Group, Inc. has
requested a contested case hearing on Griffin Industries application for
224 acre-feet of water for industrial use within our District. This
will cost Griffin and the District a great deal in both time and money.
We believe this is a follow-up on the threat made by Forestar's
attorney Edmond R. McCarthy when he said in his closing comments to the
Board just moments before the motion for a rehearing was originally
denied, "if you don't give us our request[ed rehearing], this District has issued its last permit."
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Forestar's Contract with Hays County
The driver behind litigation.
Fourth:
As reported earlier, Forestar has entered into a "water reservation"
contract with Hays County Commissioners Court for 45,000 acre-feet of
water per year, even though Forestar only has a permit for 12,000
acre-feet per year. Hays County is paying Forestar $5 million over five
years to reserve water Forestar does not have to sell, and
Hays County is encouraging and funding what now becomes Forestar's and
Hays County's hostile attempt to get the additional 33,000 acre-feet of
water per year by SUING LOST PINES IN STATE DISTRICT COURT.
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To those who support our efforts and who support the Lost Pines Board:
THANK YOU FOR SHOWING UP AND SHOW THE BOARD THAT YOU SUPPORT ITS CONSERVATIVE APPROACH
TO PROTECTING THE GROUNDWATER UNDERNEATH
BASTROP AND LEE COUNTIES.
OUR JOB NOW IS TO DO ALL WE CAN TO BACK THE BOARD
DURING THE REHEARING & LAW SUITS THAT WILL FOLLOW.
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