Judge hears arguments in Jacob's Well groundwater dispute

 

The clear water that flows out of Jacob's Well has brought people to the Wimberley Valley for thousands of years, but in recent years the spring has stopped flowing, something which didn't happen even in the drought of record during the 1950s."The reason it's gone dry is because of the heavy pumping from wells that are in the area," attorney Malcolm Harris said.
For decades the community of Woodcreek has grown up around the spring. The Hays Trinity Groundwater Conservation District is tasked with protecting water in the area.
In 2011, they approved a permit which allowed a Woodcreek developer to pump 250 acre-feet—about 80 million gallons—of water each a year.
Conservation groups opposed to the permit sued, saying they were denied a proper hearing.
"We sought to have a contested case hearing on the application which would mean we could present our scientific evidence about the impact of pumping from the aquifer on the flow of the spring," Harris said.
On Tuesday, attorneys for the developer and the conservation group argued that they followed law and the district's rules in denying the contested case hearing because the hearing wasn't requested until after the board had approved the permit.
"The bottom line question is did they properly, the plaintiffs, protest the application filed by my client at the hearing?" attorney Russell Johnson said.
Now it's up a Judge to decide if a contested case hearing should have been granted.
"The district manager, the applicants, all of them understood that they had 10 days after that first meeting to request a contested case hearing," Harris said.

This case has been postponed several times because several Hays County judges recused themselves. Judge Dwight Peschel heard the case.
- See more at: http://austin.ynn.com/content/top_stories/290634/judge-hears-arguments-in-jacob-s-well-groundwater-dispute#sthash.Y8w8veX9.dpuf

The clear water that flows out of Jacob's Well has brought people to the Wimberley Valley for thousands of years, but in recent years the spring has stopped flowing, something which didn't happen even in the drought of record during the 1950s."The reason it's gone dry is because of the heavy pumping from wells that are in the area," attorney Malcolm Harris said.
For decades the community of Woodcreek has grown up around the spring. The Hays Trinity Groundwater Conservation District is tasked with protecting water in the area.
In 2011, they approved a permit which allowed a Woodcreek developer to pump 250 acre-feet—about 80 million gallons—of water each a year.
Conservation groups opposed to the permit sued, saying they were denied a proper hearing.
"We sought to have a contested case hearing on the application which would mean we could present our scientific evidence about the impact of pumping from the aquifer on the flow of the spring," Harris said.
On Tuesday, attorneys for the developer and the conservation group argued that they followed law and the district's rules in denying the contested case hearing because the hearing wasn't requested until after the board had approved the permit.
"The bottom line question is did they properly, the plaintiffs, protest the application filed by my client at the hearing?" attorney Russell Johnson said.
Now it's up a Judge to decide if a contested case hearing should have been granted.
"The district manager, the applicants, all of them understood that they had 10 days after that first meeting to request a contested case hearing," Harris said.

This case has been postponed several times because several Hays County judges recused themselves. Judge Dwight Peschel heard the case.
- See more at: http://austin.ynn.com/content/top_stories/290634/judge-hears-arguments-in-jacob-s-well-groundwater-dispute#sthash.Y8w8veX9.dpuf

The clear water that flows out of Jacob's Well has brought people to the Wimberley Valley for thousands of years, but in recent years the spring has stopped flowing, something which didn't happen even in the drought of record during the 1950s."The reason it's gone dry is because of the heavy pumping from wells that are in the area," attorney Malcolm Harris said.
For decades the community of Woodcreek has grown up around the spring. The Hays Trinity Groundwater Conservation District is tasked with protecting water in the area.
In 2011, they approved a permit which allowed a Woodcreek developer to pump 250 acre-feet—about 80 million gallons—of water each a year.
Conservation groups opposed to the permit sued, saying they were denied a proper hearing.
"We sought to have a contested case hearing on the application which would mean we could present our scientific evidence about the impact of pumping from the aquifer on the flow of the spring," Harris said.
On Tuesday, attorneys for the developer and the conservation group argued that they followed law and the district's rules in denying the contested case hearing because the hearing wasn't requested until after the board had approved the permit.
"The bottom line question is did they properly, the plaintiffs, protest the application filed by my client at the hearing?" attorney Russell Johnson said.
Now it's up a Judge to decide if a contested case hearing should have been granted.
"The district manager, the applicants, all of them understood that they had 10 days after that first meeting to request a contested case hearing," Harris said.

This case has been postponed several times because several Hays County judges recused themselves. Judge Dwight Peschel heard the case.
- See more at: http://austin.ynn.com/content/top_stories/290634/judge-hears-arguments-in-jacob-s-well-groundwater-dispute#sthash.Y8w8veX9.dpuf

The clear water that flows out of Jacob's Well has brought people to the Wimberley Valley for thousands of years, but in recent years the spring has stopped flowing, something which didn't happen even in the drought of record during the 1950s.

"The reason it's gone dry is because of the heavy pumping from wells that are in the area," attorney Malcolm Harris said.

For decades the community of Woodcreek has grown up around the spring. The Hays Trinity Groundwater Conservation District is tasked with protecting water in the area.

In 2011, they approved a permit which allowed a Woodcreek developer to pump 250 acre-feet—about 80 million gallons—of water each a year.

Conservation groups opposed to the permit sued, saying they were denied a proper hearing.

"We sought to have a contested case hearing on the application which would mean we could present our scientific evidence about the impact of pumping from the aquifer on the flow of the spring," Harris said.

On Tuesday, attorneys for the developer and the conservation group argued that they followed law and the district's rules in denying the contested case hearing because the hearing wasn't requested until after the board had approved the permit.

"The bottom line question is did they properly, the plaintiffs, protest the application filed by my client at the hearing?" attorney Russell Johnson said.

Now it's up a Judge to decide if a contested case hearing should have been granted.

"The district manager, the applicants, all of them understood that they had 10 days after that first meeting to request a contested case hearing," Harris said.

This case has been postponed several times because several Hays County judges recused themselves. Judge Dwight Peschel heard the case.

The clear water that flows out of Jacob's Well has brought people to the Wimberley Valley for thousands of years, but in recent years the spring has stopped flowing, something which didn't happen even in the drought of record during the 1950s."The reason it's gone dry is because of the heavy pumping from wells that are in the area," attorney Malcolm Harris said.
For decades the community of Woodcreek has grown up around the spring. The Hays Trinity Groundwater Conservation District is tasked with protecting water in the area.
In 2011, they approved a permit which allowed a Woodcreek developer to pump 250 acre-feet—about 80 million gallons—of water each a year.
Conservation groups opposed to the permit sued, saying they were denied a proper hearing.
"We sought to have a contested case hearing on the application which would mean we could present our scientific evidence about the impact of pumping from the aquifer on the flow of the spring," Harris said.
On Tuesday, attorneys for the developer and the conservation group argued that they followed law and the district's rules in denying the contested case hearing because the hearing wasn't requested until after the board had approved the permit.
"The bottom line question is did they properly, the plaintiffs, protest the application filed by my client at the hearing?" attorney Russell Johnson said.
Now it's up a Judge to decide if a contested case hearing should have been granted.
"The district manager, the applicants, all of them understood that they had 10 days after that first meeting to request a contested case hearing," Harris said.

This case has been postponed several times because several Hays County judges recused themselves. Judge Dwight Peschel heard the case.
- See more at: http://austin.ynn.com/content/top_stories/290634/judge-hears-arguments-in-jacob-s-well-groundwater-dispute#sthash.Y8w8veX9.dpuf

The clear water that flows out of Jacob's Well has brought people to the Wimberley Valley for thousands of years, but in recent years the spring has stopped flowing, something which didn't happen even in the drought of record during the 1950s."The reason it's gone dry is because of the heavy pumping from wells that are in the area," attorney Malcolm Harris said.
For decades the community of Woodcreek has grown up around the spring. The Hays Trinity Groundwater Conservation District is tasked with protecting water in the area.
In 2011, they approved a permit which allowed a Woodcreek developer to pump 250 acre-feet—about 80 million gallons—of water each a year.
Conservation groups opposed to the permit sued, saying they were denied a proper hearing.
"We sought to have a contested case hearing on the application which would mean we could present our scientific evidence about the impact of pumping from the aquifer on the flow of the spring," Harris said.
On Tuesday, attorneys for the developer and the conservation group argued that they followed law and the district's rules in denying the contested case hearing because the hearing wasn't requested until after the board had approved the permit.
"The bottom line question is did they properly, the plaintiffs, protest the application filed by my client at the hearing?" attorney Russell Johnson said.
Now it's up a Judge to decide if a contested case hearing should have been granted.
"The district manager, the applicants, all of them understood that they had 10 days after that first meeting to request a contested case hearing," Harris said.

This case has been postponed several times because several Hays County judges recused themselves. Judge Dwight Peschel heard the case.
- See more at: http://austin.ynn.com/content/top_stories/290634/judge-hears-arguments-in-jacob-s-well-groundwater-dispute#sthash.Y8w8veX9.dpuf

Please Attend Feb. 26th Hearing- WVWA suit against HTGCD Golf Course Permit

Proposed Golf Course above Jacob's Well and Cypress Creek

A hearing has been set for February 26 on pending Motions for Summary Judgment in suit filed by the Wimberley Valley Watershed Association and concerned citizens against the Hays Trinity Groundwater Conservation District.  The Plaintiffs are WVWA and individual citizens have appealed to the District Court to require the HTGCD to hold a contested case hearing on the application of Wimberley Springs Partners to pump millions of gallons of groundwater from the Trinity Aquifer in the vicinity of Jacob’s Well for a golf course development.   

The District and Wimberley Springs Partners have asked the court to deny the appeal by summary judgment.  Judge Dwight L. Peschel from Guadalupe County is scheduled to hear the pending motions which could determine the outcome of the case at the trial court level.  Citizens who are interested in protecting the flow of Jacob’s Well may attend the court and hear the presentations.  Those who wish to attend should arrive at the Third Floor of the new Hays County Justice Center by 9:30 a.m. on Tuesday February 26, 2013.   

Hays County Justice Center
110 E. Martin Luther King Drive
San Marcos, Texas 78666
Website:   http://www.co.hays.tx.us/

Directions to Courthouse - From I-35, take Ranch Rd. 12 (Hopkins St.) 1.5 miles west; Turn left on Guadalupe Street; Proceed on Guadalupe Street until it intersects MLK Drive; Take a left on MLK Drive; The Justice Center will be to your right; The County Justice Center is at 110 E. Martin Luther King Drive.

Call To Well Owners in the Wimberley Area

Call to Well Owners Interested in Groundwater Science,

An ad hoc group of local scientist needs your help in identifying water wells to obtain

groundwater level measurements in the Trinity Aquifer. The group is studying the 

hydrogeology of the gain and loss reaches of the Blanco River and possible ties

to flow from Jacob’s Well and in Cypress Creek. The study is an extension the 2010 

Hydrogeologic Atlas ofthe Hill Country Trinity Aquifer project and is intended to provide more 

data on the sustainability of the Trinity Aquifer. 

One critical part of the study is defining groundwater flow directions in the Trinity Aquifer

and the relationship to flow in the Blanco River. We need to measure water levels in as many 

wells as possible. We are identifying well owners that would allow us to measure the water level 

in their well on a one time basis during the end of February or March. 

The general area of interest is areas along or in the vicinity of FM 2325, Fischer Store Road, 

Wayside Drive Burnett Ranch Road, River Bluff Lane, John Knox Road and Days End Road 

and Cottonwood Lane.

If you are a well owner and would be willing to have your water level measured, please contact 

Doug Wierman at dawierman@aol.com.

Thanks you in advance for your help!

Collaborative conservation key to ensuring adequate resources

By Andrew Sansom |
Executive Director of the Meadows Center for Water and the Environment 

Make no mistake about it. We are in a crisis here in Texas where water is concerned. Consider these facts: Our population is essentially going to double in the next half-century or so and we have already given permission for more water to be withdrawn from many of our rivers than is actually in them today.

Exacerbating this frightening circumstance is the fact that we have been experiencing a severe drought for the last couple of years and it may go on for a while. We have traditionally considered the drought of the 1950s as the "drought of record," meaning as bad as it can get, but it is becoming increasingly apparent that that is an assumption we simply cannot afford to make. Every year this current drought continues will cost the economy of Texas an annual $11.9 billion and 115,000 jobs.

Thankfully, in recent weeks, state leaders have indicated that meeting our water needs will be a high priority in the current legislative session. As a result, bills have been introduced in both the Texas House and the Senate to take as much as $2 billion from the state's Rainy Day Fund and finance needed water infrastructure. These actions are welcome and appropriate, particularly given efforts by the sponsors to carve out funding specifically for water conservation and to prioritize which projects would be funded.

Hopefully, the Legislature will take action to provide needed funding for water. If they do, however, we must resist the assumption that the problem will be solved. No matter how much we spend on new water infrastructure, the reality is, we simply cannot build our way out of this one.

First, because 95 percent of the landscape of Texas is owned by private citizens, virtually all of our watersheds, all of our recharge zones and all of the countryside where the raindrops fall are on private property. In Texas, we lose rural and agricultural land faster than any other state. We must find a way to keep our landowner-stewards on the land and doing the right thing to ensure continued water for the rest of us.

Second, we waste too much water in Texas. The cities of San Antonio and El Paso have reduced their consumption of water by a full 40 percent per capita and yet they have continued to grow. In many of our major Texas cities, water consumption per capita is still increasing. There are cities in Texas that lose 25 to 30 percent of their water supplies simply through poorly maintained or aging water mains. We must understand that the easiest water for us to get for our future is the water we already have and we can get it simply by being more efficient in the way we manage and use it.

To date, in spite of the passage of legislation to protect the ecosystems of our rivers and streams and our bays and estuaries, the state has done little to ensure the maintenance of "environmental flows" which keep those systems healthy. Not only does continued neglect of critical environmental water needs threaten some of Texas most important aquatic ecosystems, including Galveston Bay, but our unwillingness to deal with this issue will ultimately invite the federal government to assume a role in every river basin where federally listed endangered species are present.

Finally, we treat groundwater, which lies beneath the landscape and surface water, which forms our rivers and lakes as if they were a different substance. Groundwater is considered the private property of the landowners above and surface water is considered the property of the state. We can't have it both ways. Today, property owners with wells at the head of our river basins and water rights holders downstream have both been told by the state that they own the same water. This disconnect between groundwater and surface water is unsustainable and a recipe for endless lawsuits in the years ahead.

In the 1950s we were essentially a rural state where everyone knew exactly what the lack of rainfall meant to our economy and quality of life. That drought spurred all modern water planning and infrastructure which has served us for the last half-century. This time, while the legislative signs are encouraging, we must not allow them to deter us from addressing the underlying water problems that threaten our childrens' futures.

http://www.chron.com/opinion/outlook/article/Collaborative-conservation-key-to-ensuring-4241163.php