Every mega-permit is an opportunity we can't pass up. You can say "this is too much water" in different ways, but they all help - come talk to us on September 13 and plan to attend the September 26 Lost Pines hearing --- you can make a difference.
Below is a sample form, based on Lost Pines District FAQ's and Rules, to request contested case/party status re Lower Colorado River Authority pending permit application, Permit # 58-55-4 -- download this form at:
FILING DEADLINE: September 21, 2018, no exceptions!
REQUEST FOR CONTESTED CASE
File with Lost Pines Groundwater Conservation District by mail, hand delivery, email or fax, to be delivered no later than close of business, 5 calendar days prior to public hearing date as announced by District – no exceptions, file early! The District will set another hearing on your eligibility or your organization’s qualifications to file this Request*. See email@example.com for FAQs and copy of District Rules. See bottom of form for sections marked with *.
Lost Pines Groundwater Conservation District
Attn: General Manager
P. O. Box 1027
908 Loop 230
Smithville, TX 78957
Call the District prior to sending fax or email, and request confirmation of receipt. Assume business hours end at 5 p.m. – if your fax or email submission may arrive after 5 p.m., leave VM and call next day to confirm. Make sure mailed or hand delivered request arrives 5 days prior to hearing.
I HEREBY REQUEST A CONTESTED CASE* (INCLUDING PARTY STATUS IN ANY CONTESTED CASE HEARING HELD BY THE DISTRICT) ON LOWER COLORADO RIVER AUTHORITY PERMIT APPLICATION; PERMIT #58-55-4.
*My name is ________________________________________________
My address is ______________________________________________
The location of my home, business or property that will be impacted by the proposed permit is ______________________________________________
[If applicable*] I am requesting a contested case and party status on behalf of [include Name of Group or Organization]: ______________________________________________________________
[If requesting for group/organization, as applicable*] The following individuals have standing to request a contested case [include name/address for members who can establish individual standing*– attach additional page if necessary]: ____________________________________________________________________________________________________________________________
*By law, any person who requests a contested case must demonstrate “standing” related to a “justiciable interest” --- a personal justiciable interest that is related to a legal right, duty, privilege, power, or economic interest that is within the District's regulatory authority and that is affected by the Board’s action on the Application, not including persons who have an interest common to members of the public. Usually, an organization’s standing is established through its members’ individual standing, as long as protecting the members’ interests are germane to the organization’s purposes. It is possible that an organization is itself able to establish standing, for example if it is itself a landowner whose interests are affected by the permit. The person who fills out this form for an organization should be authorized to receive official communications.
Consult the District with any questions.
THE CONTENTS OF THIS FORM WERE NOT PREPARED BY LOST PINES GCD OR INTENDED AS LEGAL ADVICE.
YOU ARE ADVISED TO CONSULT AN ATTORNEY.
End of Form
Here's a helpful outline of the permitting process:
UPDATED SUMMARY OF PERMITTING AND PERMIT CHALLENGES
AT LOST PINES GROUNDWATER CONSERVATION DISTRICT
(Not intended as legal advice)
SEE Lost Pines’ District Rules (PDF) and FAQs
for information and copies of the Permit Application
Contact the District at: Phone: 512-360-5088 FAX: 512-360-5448 Email: firstname.lastname@example.org
Permit Application Process for LCRA
How to Challenge the LCRA Permit
1. What is a Contested Case Hearing?
A contested case hearing is a formal legal proceeding similar to a District court hearing. Parties involved in a contested case hearing will be able to submit evidence and present testimony of expert witness for evaluation by the hearing examiner.
2. Who conducts a Contested Case Hearing?
A contested case hearing can be conducted either by the Board of Directors of the Lost Pines Groundwater Conservation District or by a hearing examiner appointed by the Board. Additionally, any party in a contested case may request that the hearing be conducted by an administrative law judge from the State Office of Administrative Hearings (SOAH). In the event of a contested case hearing conducted at SOAH the party or parties that requested SOAH will be responsible for paying the costs associated with the hearing.
3. Do I need an attorney to participate in a Contested Case Hearing?
Contested case hearings are legal proceedings so parties to the hearing may want to retain legal representation to ensure their interests are represented but legal representation is not required for participation.
4. How do I request a Contested Case Hearing?
To request a contested case hearing on a permit you must submit a written request to the District at least five days prior to the scheduled hearing. The written request must include:
1) Your name and address
2) The permit number and applicants name
3) A statement clearly requesting a contested case hearing
If the request is being made on behalf of a group or organization then the request must identify one or more members of the group who have standing to request a contested case.
5. Is this legal advice?
[End of District FAQs.]
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