Water district postpones approving final order denying GBRA permits until July 16

Gonzales County Underground Water Conservation District (GCUWCD) board members will wait until Wednesday, July 16, to adopt a final findings of fact and conclusion on a permit application by the Guadalupe-Blanco River Authority (GBRA) to produce and export more water from the Carrizo Aquifer.

Board members met in regular session at the Gonzales County Courthouse Tuesday, July 8, with a large faction of residents attending and wanting to make sure the board stuck by its June 10 decision to deny GBRA’s permit request to not allow the agency to take an additional 9,000 acre-feet per year of water from the dwindling aquifer supply.

“The board has already voted to deny both the production permit and the export permit that were applied for by GBRA. That's done,” GCUWCD attorney Greg Ellis said. “The board does have to produce what’s called findings of fact and conclusions of law in a final order. GBRA may then request motion for rehearing and eventually file an appeal to the decision of this board.”

Ellis said the administrative law judge which heard a contested case hearing on the permit had recommended approving the production permit while denying the export permit, so changes have to be made to the final order that would be brought before the board to show the board’s decision to deny both permit requests.

GBRA has already filed a motion for rehearing request to the district, dated June 27, claiming the export permit denial was “erroneous and contrary to law” and that the operating permit denial was “erroneous and unsupported by the hearing record and ALJ recommendation.”

Board president Bruce Tieken said he wished to wait on adopting the final order until it was corrected and sign it at that time and other board members agreed to set a July 16 special called meeting at the Courthouse to do just that.

Many residents and community leaders voiced their opinion during public comments, both praising the board for its decision to deny the GBRA permits and suggesting GBRA should be using its time and money to repair the spillgates at Lake Wood and Lake Gonzales that were damaged and caused those bodies of water to drain in 2016 and 2021, respectively.

Gonzales Mayor Isaac Anzaldua said he had deep concerns regarding the GBRA water permit, the process for managing water resources and the possible rules that may limit access.

“Regarding the rules, please keep in mind for permitting for local water resources, especially those serving municipal municipalities in all of Gonzales County, our local residents and businesses rely on this vital source of our aquifer for daily life, agriculture and future growth,” Anzaldua said. “Pumping large volumes of water from Gonzales County threatens our long term sustainability and economic stability. We understand regional needs, but any decision must prioritize the health and security of our local community first.

“We urge you consider the impact on Gonzales residents, our aquifer and many generations to come in Gonzales. Water is not as a resource; it is our lifeline, and we must protect it with all that we have.”

Gonzales County Judge Pat Davis said it has been clear to him and other residents that “GBRA is not out for the Gonzales County residents.”

“As I pointed out last time, we have two dry lakes and two dams that have failed,” Davis said. “Those are still eyesores here in Gonzales County. When GBRA took possession of these dams, there were contingencies that were supposed to be in place for the upkeep and maintenance of these

dams. We all see where we're at.

“You would think that GBRA would take into consideration of all the people that have turned out in the last meeting and this meeting as an opportunity to see what Gonzales County feels. But again, I don't think that is what they feel because they're out to pad their pockets.”

Davis said both state Sen. Lois Kolkhorst and state Rep. Alan Schoolcraft have voiced their support for rural landowners against overpumping of the water by exporters and he read aloud an email from Kolkhorst stating her desire to address the matter legislatively if necessary. An aide from Kolkhorst’s office was present for the meeting Tuesday night.

Local resident Dale Schellenberg commended board members who voted in the spirit of the district’s mission statement “to conserve, preserve, protect and prevent waste of groundwater resources.”

“It shall be the policy of the board of directors that the most efficient use of groundwater in the district is to provide for the needs of the citizens and ensure growth for future generations,” Schellenberg said. “Directors, you did just that with your with your vote at the last board meeting denying more exploitation by GBRA. GBRA is like a small child. They do not know how to accept the word no for an answer. GBRA has put about nothing in this county, compared to the damage that they have left behind.”

“GBRA does not care about us,” added Laverne Brozowski. “They are a government entity. It seems like the only thing they spend their money on is attorneys stealing our water. They have never taken care of anything. The Guadalupe-Blanco River is where they need to get back to protecting and leave our aquifers alone.”