Gonzales Underground Water Conservation District transparency still suffers

As a Gonzales County resident and landowner concerned about protecting groundwater for local residents, I applauded the Gonzales County Underground Water Conservation District (GCUWCD) board's decision to deny Guadalupe-Blanco River Authority's (GBRA) request for an additional 9,000 acre-feet per year (AFY) of Carrizo groundwater — that was the right decision.

The board's denial was formalized with a final decision document approved on July 30, 2025 with a 45-page document that spelled out the legal particulars and findings of fact and conclusions of law. The final wording of this document was issued by GCUWCD's lawyer Greg Ellis before the board vote.

Although the document did deny GBRA's permit amendment request for 9,000 AFY of additional Carrizo groundwater, unfortunately and without explanation, new wording desired by GBRA was added to the final decision document. Ellis claims the revisions supported the board's denial, but transparency demands answers.

I filed an open records request for all exchanges between GCUWCD and GBRA on the writing of the final decision document. Under Texas Government Code § 552.301(d), a governmental body must submit a “10-day letter” to the Attorney General within 10 business days to seek a ruling if it wants to withhold requested information.

Ellis engaged a new law firm (Graves Dougherty Hearon & Moody) to represent GCUWCD, which sent a 10-day letter to the Attorney General on Aug. 22; then followed with a “15-day brief” on Sept. 2, with legal arguments and samples objecting to my request for information.

Ellis is trying to withhold all of the requested documents — even documents and emails in GBRA's possession and submitted to Ellis and GCUWCD. Ellis is claiming that such information is protected from public disclosure due to attorney-client privilege and potential litigation from GBRA, which has already filed a motion of rehearing.

I contend that records already in GBRA's possession, and shared with GCUWCD, lose confidentiality and should not be withheld from the other parties in the contested case. The public deserves to see what information was exchanged between GCUWCD and GBRA which might have been reflected in the final decision document, especially given that GBRA has filed a motion for rehearing.

At the Sept. 9 board meeting, two representatives from the new law firm GDHM attended an executive session on agenda item "7. Discuss and possibly take action on Engagement Letter for Legislative Services from Graves Dougherty Hearon and Moody.” This agenda item was then tabled by board president Bruce Tieken.

Ellis stated that GBRA has hired another large law firm Baker Botts, in addition to law firm Bickerstaff Heath Delgado Acosta LLP. Ellis also stated that hiring an additional law firm is anticipated, such as GDHM, to defend the board's decision to deny GBRA's permit amendment request.

I have asked the AG to enforce transparency and tell GCUWCD to release the information to the public — hopefully the AG gives the correct opinion for the stakeholders of Gonzales County.

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