Motion to Intervene seeks to protect private property rights, allow TESPA members as interested party in federal lawsuit

Aqua Texas must be stopped before they’re allowed to gut Texas’ water protection laws and pump limitless amounts of precious, finite groundwater

(August 26, 2024) – Continuing the growing fight against bad corporate actor Aqua Texas (Aqua), Trinity Edwards Springs Protection Association (TESPA) today announced it has filed a motion to intervene in the federal case Aqua Texas Inc. vs. Hays Trinity Groundwater Conservation District.

TESPA’s motion to intervene is filed in the interest of protecting its members’ private property - their groundwater - from the further negative impacts of Aqua’s continued disregard for regulation and limitations to its groundwater use. TESPA's filing is also an attempt to protect the state's groundwater protection system which is directly threatened by Aqua's legal action in federal court.

The current dispute in federal court stems from Aqua’s repeated violations of the local groundwater district’s rules to protect groundwater, including during a period of extreme drought. For at least two years, 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 applications to renew groundwater permits in 2023. In January, Aqua sued the local groundwater district in federal court, seeking to prevent its enforcement of groundwater production and drought curtailment rules.

If Aqua prevails in court, current state law to protect and manage Texas water resources would be completely dismantled, undoing decades of work that would impact generations to come. The state would see a significant loss of groundwater, affecting countless local residents.

“In the Wimberley Valley, we are fighting to protect Jacob’s well, a natural spring that feeds Cypress Creek, as well as for the long-term protection of the right to access and use groundwater that belongs to every landowner and that is in danger of being depleted throughout the Hill Country if AQUA prevails,” said Jim Blackburn, President of TESPA. “Aqua filing suit in federal court threatens not only our groundwater protection in the Wimberley Valley but also our statewide groundwater management system that many Texans have fought long and hard to establish. This Aqua action, if successful, could be the first step to the loss of the springs of the Texas Hill Country as well as one of our fundamental property rights.”

Carlos Rubinstein, a TESPA advisor, added, “As a former Commissioner of the TCEQ and Chairman of the Texas Water Development Board I know first-hand the value Texan’s place on their right to groundwater, including the right to preserve it in place – all via local control.  Trying to elevate this dispute to a federal venue invites intervention in Texas water allocation and ownership by the federal government on what is clearly a state property rights primacy issue and represents a threat to groundwater holders throughout Texas.”

TESPA's Motion to Intervene is currently pending in Austin Federal District Court.

More information on Aqua’s past actions, the dispute in federal court and the proposed rate hike can be found at https://ourtexasourwater.com.

###