Brittany Kelley
SAN MARCOS — An effort to protect the remaining water in Hays County was ultimately tabled, due to legal concerns, at the Feb. 24 Hays County Commissioners Court meeting.
This item follows the discussion surrounding the rapidly diminishing water resources in not only Hays County, but Texas, as a whole. Prior to the meeting, Hays County Judge Ruben Becerra held a press conference Feb. 16 to announce his intent to place a moratorium on future developments requesting more than 20,000 gallons of water per day.
He stated that the temporary pause would allow the county to evaluate impacts and ensure long-term water security for residents and agriculture.
According to the resolution brought forth during court, “The Hays County Commissioners Court finds current drought conditions and increasing demand on regional water supplies require immediate and precautionary measures to ensure that industrial development activity does not adversely impact water availability or emergency preparedness … The availability of water is directly tied to the protection of public health, safety and welfare, including the county’s ability to maintain ample supply for fire suppression, emergency medical response, law enforcement operations and disaster response.”
Becerra noted that he has always been “pro business,” but that these companies that are requesting this amount of water aren't “pro business” it is instead, “pro industrial blow up of consumption of resources.”
What many are unaware of, he continued, is that there are six high water-use corporations eyeing Hays County in an era where water is scarce. In light of this, he is asking for a 30-day pause.
Since proposing this, Becerra said he has worked with local leaders to reach out to Gov. Greg Abbott to schedule an emergency session to give counties authority to respond to high-volume water consumption during emergency drought conditions.
“This movement — I can’t emphasize enough — is affecting literally us here in every city, throughout the county, throughout the state and throughout the nation,” said Becerra.
Several community members shared their support through public comments.
San Marcos resident Audrey McGuire urged the court to approve the item, stating that the future of the community is at stake.
“At what point do we say, 'Enough is enough,'” said McGuire. “At what point do we and you as [an] elected official take back our power of the people and set boundaries and limitations? Let us make a real educated decision and take action that best serves the people and the land of Hays County.”
Similarly, resident Jessica Moreno stated that the community sees the effects of the drought everywhere, from Jacob’s Well to receding river levels across the county. The court can help preserve the water that is still available by enacting actions, such as the pause on developments requesting high water usage.
Commissioner Debbie Ingalsbe emphasized that she will stand by her constituents’ opinions and concerns.
“I really support basically everything that [the resolution] says, but the pause,” said Ingalsbe. “I don’t know if that is considered a moratorium, which I think everybody here understands that we don’t have the authority to impose a moratorium … I also called Jim Allison, who is the legal counsel for the County Judges and Commissioners Association of Texas, and he said that that it is correct, that he visited with the Attorney General’s Office and they could find nothing that gives counties the authority to impose a moratorium [or] temporarily suspend or delay a specific activity.”
Also sharing a concern was commissioner Michelle Cohen. She stated, as did Ingalsbe, that the resolution was not available in the backup documents and she would have liked to have more time to review it and ask any necessary legal questions. She also asked whether there are any active permits that they need to be aware of.
“We all hear you. As a court, we have supported water conservation, sustainability, parks bonds; we care about our natural resources,” said commissioner Morgan Hammer. “[Texas State House Rep.] Erin Zwiener just sent us all an email with her input on this and I just want to read a little excerpt because I think it’s very important: ‘I recognize that the choices the court is faced with today without robust authority are challenging. The Hays County community is calling for action, while powerful legislatures are asking for the Texas attorney general to investigate any counties that pursue such action … If the county just refuses to grant or deny permits there's a real risk that developers will sidestep the county, likewise if the county denies development permits without clear authority, the county opens itself up to litigation.’”
Commissioner Walt Smith agreed with this sentiment from Zweiner, adding that if this resolution passes, the county will be sued.
He explained that the county only has control over five permits: fire code, whether the facility connects to a county roadway, groundwater availability, replatting and septic systems up to 5,000 gallons.
So, his concern is that if the court passes this pause, the facilities would automatically receive approval at the 30-day mark, due to state law. This would prevent the court from having any time to review the documents themselves. Additionally, the only power they hold over water is for groundwater, which these corporations would not use, since they would bring water from elsewhere.
“We heard a lot of how we can’t, why we shouldn’t and why we won’t and I am looking for yes we can, yes we lean forward, yes let’s figure it out energy,” stressed Becerra. “We will be standing in front of a Mack Truck if we don’t do something, do anything.”
“We can all say nice, pretty words, but we cannot drink those words. We have to treat it as the urgent emergency that it is,” the judge stressed. “I am asking my court members to help me chart a path out of the loop we are in.”
After evaluating the resolution, Jordan Powell, civil first assistant criminal district attorney, stated that implementing any pause is not in the county’s power, however, there might be versions that would be, such as urging governing bodies that do have that power to use it.
“I will table this item because I will not back down,” said Becerra. “If you want to see if this is a political stunt, roll the tape. I’ve been doing this for eight years; you pick the subject. I will not back off. I have been made aware of this in a meaningful way and I am now stepping up in a meaningful way — never mind the calendar … Just to stand there and be okay with [what’s going on], wringing your hands and writing stern letters is no longer enough.”
There was no action taken on the item. It will come back to court at a later date. To listen to the discussion, visit bit.ly/4aZPt1j.
