TESPA files complaint against Aqua Texas
The Trinity Edwards Springs Protection Association has filed a formal complaint with the Public Utility Commission of Texas documenting what they call “years of reckless practices by Aqua Texas.”
The April 30 complaint also states “that the utility is serving its customers with an illegal groundwater supply.” In its filing, TESPA requests the PUC to “either revoke Aqua’s authority to provide water in the Wimberley area or to mandate significant changes to its operations.”
In a press release issued by TESPA, “Aqua failed to abide by Texas groundwater law and over-pumped its permit by more than 150 million gallons. After years of non-compliance with Texas law, the Hays Trinity Groundwater Conservation District denied Aqua’s application to renew groundwater permits in 2023, which means the company currently has no legal access to the water supply.”
David Baker, the founder and Executive Director of The Watershed Association of the Wimberley Valley area, stated, “We’ve been working for a long time to try to secure a reasonable plan that is fair to all, but that requires sharing this resource and abiding by permits and planning. All of this falls apart if someone such as Aqua fails to abide by the rules. We have to stand up for our people and for our natural wonders.”
Aqua continues to pump without a permit. According to TESPA, “Pumping by Aqua contributed multiple times to Jacob’s Well – a key spring that feeds Cypress Creek and economic engine for Wimberley – running dry.”
In response to the complaint, Aqua Texas spokesperson Jennifer Olohan, issued the following statement. “Aqua Texas is committed to delivering quality and reliable water to our more than 3,000 valued customers in Hays County. Last week, Aqua Texas kicked off a $4 million capital project in Wimberley Valley to mitigate water loss and replace 25,000 feet of main, which will further improve Aqua’s efforts to conserve water and improve service reliability. Additionally, Aqua has purchased new property away from Jacob’s Well to further reduce our impact in the future. Activation of those wells has been stymied by the Hays Trinity Groundwater Conservation District.”
In January, Aqua sued the local groundwater district in federal court.
“By filing the suit in federal court, Aqua has challenged the groundwater regulatory scheme in Texas,” said Jim Blackburn, Board Chair of TESPA. “We could not let that action go unchallenged. We all know we need to be good stewards over our groundwater and protect the relationship between groundwater and surface water. Aqua’s actions will smash this fragile balance and must be challenged through all legal pathways.”
Adam Friedman, TESPA’s attorney before the PUC, stated, “We are hopeful the PUC will take a hard look at Aqua’s actions and provide its customers and TESPA the opportunity to present the strong evidence about what went wrong and what changes are needed. In the long term, this challenge is about promoting responsible water utilities and reasonable groundwater management that protects all Texans.”