Federal Court
Western District of Texas
Over the past two years, Aqua violated its authorized groundwater production limits by more than 160 million gallon and has refused to comply with the drought restrictions put in place by the Hays Trinity Groundwater Conservation District (HTGCD).
Instead of working with the HTGCD to protect our precious water resources, Aqua Texas chose to sue the district, Aqua sued the local groundwater district in federal court, seeking to prevent its enforcement of groundwater production and drought curtailment rules.
If Aqua Texas were to prevail in this lawsuit, it would effectively overturn the rules that protect groundwater in Texas, setting a dangerous precedent for the future of our state's water resources. We cannot allow this to happen.
Texas law clearly and specifically grants water conservation districts the authority to assess and impose penalties against those who violate the district’s rules. Chapter 36 of the Texas Water Code grants groundwater conservation districts the authority to make and enforce rules “to provide for the conserving, preserving, protecting, and recharging of groundwater… in order to control subsidence, prevent degradation of water quality, or prevent waste of groundwater and to carry out the powers and duties provided by [the] chapter” – and expressly grants the districts the ability to penalize those who violate district rules.
The law is abundantly clear: The HTGCD, like all water conservation districts in the state, has the authority to assess and impose penalties against those who violate the district’s rules.
The suit is currently undergoing judicial review in the Western District of Texas.
Instead of working with the HTGCD to protect our precious water resources, Aqua Texas chose to sue the district, Aqua sued the local groundwater district in federal court, seeking to prevent its enforcement of groundwater production and drought curtailment rules.
If Aqua Texas were to prevail in this lawsuit, it would effectively overturn the rules that protect groundwater in Texas, setting a dangerous precedent for the future of our state's water resources. We cannot allow this to happen.
Texas law clearly and specifically grants water conservation districts the authority to assess and impose penalties against those who violate the district’s rules. Chapter 36 of the Texas Water Code grants groundwater conservation districts the authority to make and enforce rules “to provide for the conserving, preserving, protecting, and recharging of groundwater… in order to control subsidence, prevent degradation of water quality, or prevent waste of groundwater and to carry out the powers and duties provided by [the] chapter” – and expressly grants the districts the ability to penalize those who violate district rules.
The law is abundantly clear: The HTGCD, like all water conservation districts in the state, has the authority to assess and impose penalties against those who violate the district’s rules.
The suit is currently undergoing judicial review in the Western District of Texas.
