Megan Navarro
SAN MARCOS — For a second time, the Hays County Commissioners Court tabled a vote Tuesday, June 9, on an emergency pause on high-water-use and large-scale industrial projects in unincorporated areas of the county.
This follows previous tabling that occurred Feb. 24 by the court amid discussion surrounding the rapidly diminishing water resources in both the county and Texas as a whole, as previously reported by the Hays Free Press/News-Dispatch. Judge Ruben Becerra announced his intent for a moratorium on future developments that requested more than 20,000 gallons of water per day, in an effort to allow the county to evaluate impacts and ensure long-term water security for residents and agriculture.
At the time, the pause was tabled by the court due to legal concerns, which have been brought forward again June 9.
Along with a 180-day temporary pause on the review and approval for high-water-use and large-scale industrial projects, the resolution, sponsored by Becerra, would also:
• Direct the Office of Emergency Management and county legal counsel to identify lawful tools under Gov. Greg Abbott’s drought disaster proclamation
• Call for a joint regional environmental review
• Formally petition for a special legislative session to increase county authority to protect groundwater resources and regulate the water impacts of high-water-use projects
• Authorize the creation of the Hays County Water Advisory Task Force
Some residents, like Liz Gajdos-Potolicchio (Sumter), who previously served as a Hays County judge, emphasized the need to protect water resources.
“The people here really are suffering in terms of their water usage. They’re conserving as much as they can. We are losing water every day to new development. Our aquifers are being stressed. There are many reasons a pause is necessary,” she said.
Lara Long, a Wimberley resident, shared in her submitted comment diminishing water levels in the Blanco River, as well as Jacob’s Well that has ceased flowing and “whether one views these conditions as a result of drought, increasing demand or a combination of factors, they demonstrate the importance of careful planning and stewardship of our water resources.”
While she wants to support this type of resolution to protect water resources, commissioner Debbie Ingalsbe raised questions as it relates to the legal side.
“I received this proclamation at 3:30 p.m. yesterday. I hadn’t had a really good chance to review it and talk to legal about it. I don’t know if legal has even seen it,” she said. “What I don’t want to do is … We talked about the cost to our citizens and we know that other counties have been sued [for] adopting resolutions that they had no authority to do. That concerns me. Does it concern me more than the preservation of our natural resources? I don’t know. We need to consider that and see what the best direction is to take.”
In response, Assistant Criminal District Attorney Chase Young noted that one of the big issues he saw with the resolution is related to the petition for a special legislative session to increase the county's authority to protect groundwater resources and regulation of water impacts from the projects. However, he explained, counties only have the authorities that they are granted.
This, along with the county requiring studies that it does not have the authority to do, could pose the same legal risks as a moratorium, Young said.
Ingalsbe then asked if there is a possibility to review and make any changes to the resolution as it currently stands, to which Becerra said that he is “happy to listen” to any suggestions.
He also noted that, while there has been an idea circulating that his pursuit to pass the resolution was for a “political stunt,” he purposely did not bring it forward to the court again until after the election.
Both commissioners Morgan Hammer and Walt Smith highlighted that Hill County, north of Waco, approved a moratorium on data center developments and received a more than $100 million lawsuit within two days, leading them to repeal it within a week.
Smith also recalled back in 2020 when he and former commissioner Lon Shell brought forward the petition to sue Kinder Morgan, who wanted to build a pipeline across Hays County. He compared that resolution to the current one on the table, stating that the difference is, under the Kinder Morgan lawsuit, they felt like they could make some impact, but he has concerns on some aspects for the current proposal for a temporary pause.
“We knew it was a losing battle, but we did it in conjunction with the city of Kyle, who stood with us and I felt like I would file that resolution today if we were facing a similar situation,” he said.
His major concerns relate to the county’s requirement to act on specific applications within 30 days, in which the county could be forced to approve them, as well as the impact on small, local businesses.
Ultimately, the vote was tabled to the next meeting at 9 a.m. Tuesday, June 23, in order to give the Hays County Commissioners Court and legal counsel more time to review the proposal.
To listen to the full discussion, visit www.hayscountytx.gov/commissioners-court-live-stream.
