GBRA Sues Gonzales County Underground Water Conservation District

While Gonzales County was getting ready for its annual "Come and Take It" celebration honoring the spirit of early Texans who famously refused to surrender a cannon to Mexican forces in 1835, the Guadalupe-Blanco River Authority (GBRA) filed a lawsuit against the Gonzales County Underground Water Conservation District (GCUWCD). The Come and Take It Celebration commemorates the Battle of Gonzales—the first battle of the Texas Revolution where settlers raised a flag with "Come and Take It" and a cannon as a show of independence. 

GBRA submitted its original petition for review in Caldwell County District Court on October 2, 2025, against GCUWCD "…for unlawfully obstructing GBRA's efforts to develop reliable water supplies for Caldwell County.  The District -- bending to the will of a small, vocal set of Gonzales County landowners - denied GBRA's applications to amend two groundwater permits, despite the applications' compliance with all applicable rules and law." 

The GBRA filing requests "…that the Court reverse the District’s decision and remand the matter to the District with instructions to grant the Applications." and "…that the Court award GBRA its costs of court and any other relief to which it may be entitled." The GBRA filing submittal page shows counsel for GBRA to be Bickerstaff Heath Delgado Acosta LLP and Baker Botts L.L.P.  The case is Cause No. 25-204CVA.  

GBRA is seeking approval of its permit amendment application to the GCUWCD to pump and export 9,000 AFY of Carrizo groundwater to customers outside the GCUWCD boundary. GBRA already holds permits for 15,000 AFY of Carrizo groundwater from the GCUWCD that it purchased from San Jose Water Corp, California.  

After a lengthy contested case hearing by the State Office of Administrative Hearings, the administrative law judge recommended in a December 2024 Proposal for Decision (PFD), denial of GBRA's application to amend its export permit. Notably, the PFD also included conclusion of law 20. "The proposed transport of the water is expected to have unreasonable effects on aquifer conditions as it relates to achieving DFCs. Tex. Water Code § 36.122(f )(2); Rule 15.D.2." 

GCUWCD's board voted to deny both the operating permit and export permit applications on June 10, 2025 to the applause of hundreds of local stakeholders that packed the hearing at the Gonzales County Courthouse.  The GCUWCD board approved the final decision document with findings of fact and conclusions of law on July 30, 2025. 

GBRA's suit against GCUWCD comes after Lower Colorado River Authority filed suit against Lost Pines Groundwater Conservation District.  In that case, LCRA had applied for 25,000 AFY of groundwater but was granted instead 8,000 AFY due to concerns about over pumping. LCRA is now suing Lost Pines GCD for more groundwater.   

Texas law strongly supports local control through Chapter 36 of the Texas Water Code, which establishes GCDs (such as GCUWCD) as managers of groundwater. Texas Water Code § 36.0015 states:  "…Groundwater conservation districts created as provided by this chapter are the state's preferred method of groundwater management in order to protect property rights, balance the conservation and development of groundwater to meet the needs of this state, and use the best available science in the conservation and development of groundwater through rules developed, adopted, and promulgated by a district in accordance with the provisions of this chapter." 

GCUWCD export permits are already 77% of total permitted volumes in the Carrizo aquifer (70,990 AFY out of roughly 92,000 AFY)—leaving locals with just 23% for family farms, ranches and towns. Declining Carrizo aquifer levels have impacted local water wells for years. Further declines have been computer simulated for GCUWCD by Daniel B. Stephens & Associates. Simulation shows aquifer levels falling below the DFC limit at GCUWCD monitoring wells faster than expected with pumping at permitted volumes. Pumping rates already far exceed the Carrizo aquifer's natural recharge rate, resulting in "mining" of the groundwater. 

GCUWCD just approved its fiscal year 2025-2026 budget of $1,625,061-- a 95% increase from prior fiscal year $830,386, reflecting increases in various cost categories including well mitigation and legal expenses. GCWUCD approved property taxes of $140,759 for tax year 2025.  

Residents worried about local control and aquifer sustainability can voice their concerns: 

• GCUWCD: Gen Mgr Laura Martin (830) 672-1047, web link: gcuwcd.org 

• GBRA: Gen Mgr/CEO Darrell Nichols (830) 379-5822, web link: gbra.org/contact 

• Governor Greg Abbott:  (512) 463-2000,  web link: gov.texas.gov/contact 

• State Senator Lois Kolkhorst: (512) 463-0118, web link: senate.texas.gov/member.php?d=18 

• State Representative Alan Schoolcraft: (512) 463-0602, web link: house.texas.gov/members/4745 

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