Staff report

In an unprecedented move, State Representative Jason Isaac filed a bill Thursday that removes eminent domain authority from the Goforth Water Special Utility District outside of its boundaries and service area.

“This is not just a water issue, it is also about property rights” Isaac said. “Goforth SUD using eminent domain authority, for the benefit of a private company, is an egregious abuse of their power.

“HB 3407 will prevent Goforth from acquiring the pipeline easements by condemning land from property owners along FM 3237 and FM 150, and anywhere else that is not within the boundaries of their district.” 

Isaac’s bill comes after a Houston-based commercial water supplier, Electro Purification (EP), plans to drill a well field over an unregulated area of the Trinity Aquifer in western Hays County. EP plans to drill 5.3 million gallons of water per day from the Cow Creek Formation of the Trinity and pipe the water west to Buda, Goforth Water and a private residential development in the works just outside of Mountain City.

An attorney for Goforth Water, Leonard Dougal, told the Texas Tribune that Isaac’s bills, if successful, would not derail the water mining projects. The Tribune reported Thursday that Dougal said if Goforth loses its eminent domain power, Buda could take over the construction of the pipeline, as it, as a municipality, has eminent domain authority.

Buda Mayor Todd Ruge told Hays Free Press Friday that Isaac’s bill seeking to strip Goforth Water of eminent domain power outside of its jurisdiction “certainly is an interesting development.” For now, he said, “all options are on the table.”

He said the city has been working on getting a short-term solution to Buda’s water need since 2010, and until that needed water can be secured, he said officials couldn’t take any options off the table.

A look at Buda’s water inventory by Lockwood Andrews and Newman found that the city would need additional water as soon as 2017 to accommodate growth. Buda is a member of the Hays Caldwell Public Utility Agency (HCPUA), which is working to secure future long-term water resources for its members.

Isaac, joined by State Senator Donna Campbell with a companion bill, also filed legislation Thursday aimed at expanding the boundaries of two groundwater conservation districts in Hays County.

HB 3405/SB 1439 and HB 3406/SB 1440 could bring the Trinity Aquifer in Hays County under the watch of either the Barton Springs/Edwards Aquifer Conservation District or the Hays Trinity Groundwater Conservation District, both which could have their district boundaries extended through the proposed legislation.

Isaac had to publish a 30-day notice, which he did in the Austin-American Statesman, notifying the public that he was seeking to file bills to expand the groundwater districts’ boundaries.

“Now we can legally pursue legislation to address the groundwater issues in Hays County,” Isaac said at a press conference at the Capitol Thursday. “… The white zone (unregulated area) will effectively be gone in Hays County.”

EP presently has seven test drills in Hays County’s white zone, just outside of Wimberley. All but one are said to be viable producers of water necessary to fulfill EP’s contracts with its three water customers.

Isaac has warned constituents that his proposed bills may not be enough to effectively kill the EP water project in Hays County. The EP project could end up sliding under the radar depending on how long it may take to approve Isaac’s legislation.

HB 3407, which would strip Goforth Water of its eminent domain authority outside of its jurisdiction, if approved by a two-thirds vote in the house and senate, would go into effect immediately. If the measure is approved, but doesn’t meet the two-thirds requirement, it would go into effect Sept. 1.

“I remain confident that the legislation we filed today will help bring a solution to protect not only the Trinity Aquifer, but also well owners who are worried about their wells running dry in the near future, and property owners who could lose their land from the wrongful use of eminent domain powers,” Isaac said.

Many domestic well users in near EP’s well field have complained that pumping 5.3 million gallons of water per day could effectively run them dry. A hydrologist for Buda has told the council that EP’s plan could affect domestic wells on the Trinity. That hydrologist said the wells wouldn’t necessarily go dry, but would lose pressure and would need to be lowered — a move that could costs tens of thousands.

“By working with Rep. Jason Isaac and members of the Hays County community on legislation to protect groundwater in the Trinity Aquifer, I am confident that we are taking a key step to preserve the natural beauty of the Texas Hill Country, strengthen private property rights, and meet the demands of rapid population growth through responsible development in Central Texas,” Campbell said in a statement.