GCUWCD prepares final decision document for GBRA contested case

The Gonzales County Underground Water Conservation District (GCUWCD) board voted on June 10  to deny Guadalupe-Blanco River Authority (GBRA)’s request to amend its groundwater permits, rejecting an additional 9,000 acre-feet per year (AFY) beyond its existing 15,000 AFY allocation from the Carrizo-Wilcox aquifer.

The board's denial was good news for local farmers, ranchers, and community leaders concerned about over-pumping the Carrizo-Wilcox Aquifer which is already saddled with permits over 92,000 AFY against the Modeled Available Groundwater (MAG) amount of 47,584 AFY. The vast majority of the permit volumes are granted to exporters that ship groundwater out of the district boundary, leaving Gonzales County residents only a minor portion.

GBRA's permit amendment application involved a nearly two-year contested case legal battle administered by the State Office of Administrative Hearings (SOAH). The SOAH administrative law judge issued a 57 page Proposal for Decision (PFD) on Dec. 18, 2024, and exception letter on Feb. 10, 2025. The PFD contains the findings of fact, conclusions of law, and decisions on whether to approve or deny the GBRA permit amendment request.

GCUWCD’s attorney, Greg Ellis, has been revising the SOAH PFD to produce a draft Final Decision document which is to correct SOAH errors and support the board's decision to deny the GBRA permit amendment request. The Final Decision document is extremely important since it will be presented to a court when the GCUWCD board decision is appealed — it is the basis and justification for the decision. According to Ellis, it appears GBRA is planning to appeal the board's decision.

On the afternoon of July 7, Ellis issued a draft redline of the Final Decision to the case parties, just one day before the GCUWCD’s regular board meeting on July 8. At the July 8 meeting, Ellis stated the board could approve the draft despite having received some comments from the case parties to be considered and having a version 2 of the document underway. 

GCUWCD board president Bruce Tieken asked to have the final document in hand first before approval, and it was decided that a special meeting on July 16 would be held on the GBRA findings of fact and conclusions of law. Ellis stated the Final Decision document had a deadline of Aug. 10. GCUWCD then later rescheduled the special GBRA meeting to Wednesday, July 30.

Transparency concerns again arise. As of the time of this article, Ellis has not issued version 2 of the Final Decision document for review or responded to requests for a teleconference to discuss the proposed language. The version 1 draft was also absent from the July 8 board meeting packet, limiting public access to this very important document.

The Wednesday, July 30 special meeting at the Gonzales County Courthouse at 5:30 p.m. is an important opportunity for the board to finalize the GBRA Final Decision document to best prepare against future legal challenges by GBRA. Local residents concerned about Gonzales County’s future are urged to attend and voice concerns.

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