The Lost Pines Groundwater Conservation District's Board of Directors has traditionally stood tall with their feet firmly planted in the values and duties given them by the Conservation Amendment of the Texas Constitution.  But that is changing.   By voluntary policy actions taken by the District and its appointed Board members, all forms of specific communications between citizens and landowners on applications have been cut off in favor of relying solely on information provided by lawyers and groundwater hydrologists employed by corporations residing outside Bastrop and Lee counties.   Wednesday, September 7 will be a busy day as the Board considers, in executive session out of earshot of the public, terms for granting the application. In fairness to the Board, they put themselves at risk when they turned to the State Office of Administrative Hearings (SOAH) to develop a record and propose a decision, and they are now having to deal with the outcome of that very flawed and manipulated process. None-the-less, earlier in the day, attorneys for the District will seek to further suppress the voice of landowners in state District court.

 

Since the establishment of the Lost Pines GCD by enabling legislation provided for in the Conservation Amendment of the Texas Constitution, the Board has both stood for the duties to conserve and preserve the groundwater of Bastrop and Lee counties, and had members on the board who represent conservation interests to balance the interests of water supply corporations, municipalities, and industries represented on the Board.  However, the original conservation-minded board membership has transitioned, and the last member appointed to specifically represent environmental interests has resigned for health reasons. The board recently refused, by its own vote, to allow an environmental representative back on the board, even to serve out an unexpired term. Also by their own vote, they have denied landowners of these counties the ability to participate in hearings to contest permits before they are acted upon by the Board. Newly adopted Board policy even denies the general public the opportunity to offer public comment to the Board on matters of vital concern to our future.  It now appears these trends have culminated in the willingness of the Board to lay down its protective shield and surrender to the outrageous demands of water marketing corporations who have sued and intimidated them. We would like to think otherwise, but the facts are before us.  

 

On Wednesday of this week, lawyers representing Lost Pines will continue to argue in state district court that landowners are not entitled to have a say in actions pending before Lost Pines, despite owning the groundwater in place under their land. Specifically, they will argue such landowners may not go to court to vindicate their rights until Lost Pines has actually issued the permit to which they object, and that they have no right to have permit proceedings halted until a state district judge has an opportunity to rule on whether they are entitled to their day in court on the permit by re-starting the contested case.  In so doing the District is affirmatively attempting to further SILENCE landowners.  And in the meeting being held Wednesday night, the Board will consider a contract settlement agreement to grant operating and export permits for 46,000 acre feet of water per year to one of the developers.  Once the pattern is set, other water developers will be back to feed at the same trough. 

 

Environmental Stewardship has backed the District's Board of Directors in their actions to conserve and protect the groundwater resources of our counties and the region both publicly and in private.   We cannot, however, stand silently by while the New Lost Pines Board ignores its legal duty to conserve and protect the aquifers as it capitulates very large quantities of groundwater to outside corporations while stomping on the rights of the people and landowners -- and the aquifers -- of these counties.   We invite those of you who oppose these actions to simply show up in silence at the meeting Wednesday evening. You will not be able to speak, but your face will be your voice, and it will be heard.  Your faces will speak a mountain of truth.