Setting the record straight
On Aqua's History of Misinformation
For years, Aqua Texas, an investor-owned, for-profit utility providing water to thousands of residents in Central Texas, has demonstrated repeated failures to its customers and the local community – and jeopardized precious Texas water resources. Aqua’s actions will impact the water we all depend on for generations to come.
Following years of violations, Aqua sued the local groundwater conservation district in federal court. At the heart of the dispute is a question of who should have the authority to regulate local groundwater use.
We believe the answer is simple: OUR TEXAS. OUR WATER.
Knowing the facts is important. – And they paint a starkly different picture than what Aqua would like the public to believe.
Following years of violations, Aqua sued the local groundwater conservation district in federal court. At the heart of the dispute is a question of who should have the authority to regulate local groundwater use.
We believe the answer is simple: OUR TEXAS. OUR WATER.
Knowing the facts is important. – And they paint a starkly different picture than what Aqua would like the public to believe.
A Record of Negligence and Skirting Accountability
Aqua Texas is a proven bad actor, has caused devastating harm to Texas groundwater sources, and refuses to be held accountable.
Aqua Texas has consistently violated Texas groundwater law and over pumped its allowed limits by more than 160 million gallons. The company lost 55 million gallons due to leaks in its infrastructure and lack of maintenance, directly violating multiple prohibitions on wasting groundwater.
Aqua’s response is revealing. Rather than working with the community and addressing its infrastructure and other issues, Aqua chose to sue the local groundwater district in federal court.
Aqua’s response is revealing. Rather than working with the community and addressing its infrastructure and other issues, Aqua chose to sue the local groundwater district in federal court.
Aqua Texas was fined – according to the law – for years of violations and extensive abuses of precious Texas groundwater.
False: The Hays Trinity Groundwater Conservation District (HTGCD) exceeded its authority and unfairly and unlawfully assessed Aqua Texas with excessive fines. *
State law clearly grants water conservation districts the authority to assess and impose penalties when there are violations of the district’s rules. Fines were issued according to the law, and don’t become any less legal simply because Aqua does not like them.
Aqua does not contest or deny that it has over pumped, acknowledging years of noncompliance with rules and regulations. The company simply does not want to be held accountable for its actions.
Aqua does not contest or deny that it has over pumped, acknowledging years of noncompliance with rules and regulations. The company simply does not want to be held accountable for its actions.
As a direct consequence of its actions, Aqua currently lacks a groundwater permit, which means the company has no legal access to water supply.
False: The HTGCD has allowed Aqua Texas’ groundwater permit to expire.… [and] has not renewed Aqua Texas’ permit to continue service to more than 3,000 customers in 2024. *
After years of non-compliance with Texas law, the Hays Trinity Groundwater Conservation District denied Aqua’s applications to renew groundwater permits in 2023.
Despite this, Aqua continues to pump without a permit. The company’s continued violations and dependency on an unlawful groundwater supply means that water for many Hays County customers is unreliable and affects all nearby who depend on Hill Country groundwater.
Despite this, Aqua continues to pump without a permit. The company’s continued violations and dependency on an unlawful groundwater supply means that water for many Hays County customers is unreliable and affects all nearby who depend on Hill Country groundwater.
Empty Promises and False Solutions
Grandiose plans for future development do not solve the very real critical infrastructure problems of today – and do not qualify for fine offsets.
False: The HTGCD has denied Aqua Texas equal treatment by refusing to consider its investments in its penalty calculation. **
A promise that something may happen in the future is not the same as taking real action today. The investments Aqua points to as justification for reduced fines are merely proposed future investments. To be considered for offsets, the utility would have to prove that repairs were made following a force majeure event or that work to improve water conservation or management has been completed.
Test wells proposed by Aqua are not a viable solution for protecting the Wimberley Valley and Central Texas water resources.
False: Aqua Texas's new groundwater wells will reduce pumping in the Jacob's Well Groundwater Management Zone (JWGMZ) and protect our water resources. **
New wells proposed to the community are yet another smoke screen.
Aquifer tests conducted by Aqua Texas, Wet Rock Consulting, and the HTGCD revealed that pumping from these new wells, along with Aqua Texas's existing wells, negatively impacted Jacob's Well spring flow and caused significant drawdown in several public supply and private wells in the area. The test wells are not suitable for long-term use as municipal supply wells at the tested pumping rates.
Furthermore, Aqua Texas currently lacks an operating permit for its wells and has not applied for a new permit.
Aquifer tests conducted by Aqua Texas, Wet Rock Consulting, and the HTGCD revealed that pumping from these new wells, along with Aqua Texas's existing wells, negatively impacted Jacob's Well spring flow and caused significant drawdown in several public supply and private wells in the area. The test wells are not suitable for long-term use as municipal supply wells at the tested pumping rates.
Furthermore, Aqua Texas currently lacks an operating permit for its wells and has not applied for a new permit.
Continued oversight and mitigation efforts remain essential to ensuring Texas water remains protected.
False: The HTGCD is purposefully withholding permits for Aqua’s new wells. **
The District’s rules are clear: During Stage 3 and 4 drought curtailments, no new operating permits, and no amendments to increase productions under an existing operating permit are accepted.
Corporate Profit Over Community
A multi-billion-dollar corporation based in Pennsylvania, Aqua Texas is beholden to its investors – not our Texas community.
Aqua’s claims of partnership are transparently disproven by its actions. At numerous turns and opportunities, Aqua refused to work with the community toward shared solutions.
However, when it comes driving up revenue, Aqua has been more than eager to turn to hardworking Texans: While the company pays nothing for pumping Texas groundwater and refuses to pay its fines, Aqua is shamelessly proposing to raise water base rates by $52 per household.
Aqua simply sees our Texas water resources as a means to an end: ensuring the company’s continued and increased profits.
However, when it comes driving up revenue, Aqua has been more than eager to turn to hardworking Texans: While the company pays nothing for pumping Texas groundwater and refuses to pay its fines, Aqua is shamelessly proposing to raise water base rates by $52 per household.
Aqua simply sees our Texas water resources as a means to an end: ensuring the company’s continued and increased profits.