GBRA, GCUWCD transparency still lacking

As a Gonzales County resident and participant in the Guadalupe-Blanco River Authority (GBRA) contested case hearing, I have been asking for information from GBRA and Gonzales County Underground Water Conservation District (GCUWCD) under the Texas Public Information Act (PIA) to ensure transparency and fair treatment of landowners.

I submitted open records requests to GBRA on Sept. 8, asking for GBRA's legal costs and information shared between GBRA and GCUWCD related to the GBRA contested case final decision. The contested case was for GBRA’s request to GCUWCD for permit approval to increase Carrizo aquifer pumping by 9,000 acre-feet per year and add three new wells (Production Permit No.11-16-17 and Export Permit No.01-13-01). The contested case began in 2023 and extended into 2025, racking up major legal expenses for GBRA, GCUWCD, and the landowners that participated in the contested case hearing.

On Sept. 22, GBRA's Assistant General Counsel Justin C. Adkins submitted a 10-day letter to the Attorney General (AG), seeking to withhold the cost information that I requested, citing various legal reasons under the Public Information Act. Also on Sept. 22, GBRA replied by email, asking for clarification on my records request for information exchanged between GBRA and GCUWCD on the final decision, but provided none of the requested documents. On Sept. 29, GBRA submitted a 15-day brief on legal costs to the AG, attempting to justify why the information should not be disclosed.

I had also submitted an open records request on July 24 to GCUWCD for the information exchanged between GCUWCD and GBRA relating to the contested case final decision. However, instead of providing the requested information, GCUWCD's attorney Greg Ellis asked the AG to not require disclosure of the requested documents. The AG's opinion letter on whether GCUWCD will be required to disclose is due in late October.

GBRA and GCUWCD are required to provide responsive documents within 10 business days unless protected from disclosure as allowed under the law.

The GBRA legal action to take more Carrizo groundwater is hardly fair given GBRA's deep legal pockets compared to local landowners relying on family funds to protect their groundwater. The landowners are also up against a massive and complicated Texas bureaucracy of governmental water entities — groundwater conservation districts, groundwater management areas, region planning groups, Texas Water Development Board, and the tragically written Texas Water Code.

It's unfortunate that GBRA management has chosen to pursue groundwater export with a team of lawyers, instead of restoring Lake Wood and Lake Gonzales with a team of engineers. Lake water levels have suffered greatly due to spillgate failures at Lake Wood in 2016, and Lake Gonzales in 2021. These lakes, if restored, could help recharge aquifers and also serve as a reservoir resource — not to mention the ecological and recreational benefit for area residents.

If the state of Texas does not rein in its water entities such as GBRA to prevent taking of groundwater (personal property) without compensation, Texas groundwater could end up similar to the USSR and China, where groundwater was socialized (taken by the government) and millions lost their livelihoods.

Let's hope the AG does the right thing and decides to let the public see what's going on behind the scenes at GBRA and GCUWCD.

Ted Boriack is a member of the Water Protection Association and a Gonzales County landowner dedicated to preserving local water resources.