Local Lee County media covered Lee County Commissioner's Court's unanimously passed, March 13, 2023 Resolution, concerning the Court's response to the possibility the City of Austin will decide to locate their "Aquifer Storage and Recovery" project in Lee County's portion of the Carrizo-Wilcox Aquifer.
The Resolution reads as follows:
LEE COUNTY, TEXAS
A RESOLUTION OF THE LEE COUNTY, TEXAS COMMISSIONER’S COURT REGARDING LOCATION OF A CITY OF AUSTIN AQUIFER STORAGE AND RECOVERY PROJECT
WHEREAS, the Commissioner’s Court of Lee County works to make a difference in
its residents’ lives, and strives to make sound policy decisions on issues that
affect the quality of life of its constituents;
WHEREAS, the citizens of Lee County are dependent on groundwaterfrom the Carrizo-Wilcox Aquifer (Aquifer) for their water supply;
WHEREAS, the Aquifer within Lee and Bastrop counties isbeing considered for the site of a proposed City of Austin (City) Aquifer
Storage and Recovery project (ASR), to inject captured excess surface water
allocated to the City into the Aquifer, for later recovery to provide municipal
water supply to the City of Austin;
WHEREAS, ASR projects have challenges related to both the type and quality of
injected water and the geology of the aquifer itself, including potential
introduction of pathogens (harmful bacteria and viruses) into the aquifer;
development of disinfectant byproducts that may contaminate the aquifer;
release of undesirable elements like arsenic into the groundwater, and clogging
of wells from chemical reactions, all of which risk permanent damage to the
aquifer.
WHEREAS, injected water has sometimes migrated out of the confined area of the
aquifer, due to unknown subterranean fractures and faults, causing loss of
injected water into adjacent aquifer formations, and into local drinking water
supplies;
WHEREAS, one fourth of all ASR projects in the United States have been
abandoned due to well clogging, inability to recover expected quantities of
water, and economic factors making the project infeasible;
WHEREAS, counties have no power to regulate ASR projects under current law, and
groundwater conservation districts have very limited regulatory authority over
ASR projects;
WHEREAS, the City’s ASR project reportedly would require City control of
hundreds of acres of rural property, in addition to a pipeline route to deliver
and recover injected water, all of which could be acquired by eminent domain,
in accordance with Chapter 251 of the Texas Local Government Code;
WHEREAS, the proposed ASR project entails significant potential harm to
essential groundwater resources and private property rights, and provides no
compensatory benefit to the citizens of Lee County;
NOW, THEREFORE, BE IT RESOLVED that the Commissioner’s Court hereby requests that no permit or authorization to the City of Austin be issued by the Texas
Commission on Environmental Quality, either through issuance of an individual
permit or a general permit, or an authorization letter (known as an
authorization-by-rule), for an ASR project within the boundaries of Lee County
without the approval of the Commissioners Court of Lee County and that the
Texas Legislature clearly authorize such approval for any ASR project.
Dated this 13th day of March, 2023.
[Signatures of Judge and Commissioners]
The Lexington Leader covered the story in its March 16 issue, under the banner front-page headline "Commissioners Stand Up Against the Big City", reprinted here:
Commissioners issued a resolution Monday at their regular meeting of Commissioners’ Court regarding the intent of the City of Austin to build an aquifer storage and recovery (ASR) project in Lee County. After citing several reasons, the court resolved to ask the Texas Commission on Environmental Quality (TCEQ) not to issue any permit authorizing an ASR project within the boundaries of Lee County.
In the opening paragraph of the resolution, the Court said the Commissioners’ Court works to make a difference in the lives of its residents and strives to make sound policy decisions on issues that affect the quality of life of its constituents. The Court said since the citizens of the county are dependent on groundwater from the Carrizo-Wilcox Aquifer (aquifer) for their water supply and since the City of Austin is considering a site in Lee and Bastrop counties under which the aquifer lies for their ASR project, many challenges will face the Lee County residents.
The resolution said that ASR projects often use injected water into aquifers, which may introduce pathogens, including harmful bacteria and viruses, into the aquifer, not to mention, any such project could cause the development of disinfectant byproducts that may contaminate the aquifer too.
Water injection could release undesirable elements like arsenic into the groundwater or could cause the clogging of wells from chemical reactions, as well. All of these undesirable elements and byproducts could cause permanent damage to the aquifer.
The Court’s resolution also said that one fourth of all ASR projects in the United States have been abandoned due to well clogging, inability to recover expected quantities of water, and economic factors, making the project infeasible. Also cited was that the proposed project would require the City of Austin’s control of hundreds of acres of Lee County rural property, in addition to a pipeline route to deliver and recover injected water, all of which could be acquired by eminent domain, in accordance with Chapter 251 of the Texas Local Government Code.
Given all of the above, the proposed ASR project entails significant potential harm to essential groundwater resources and private property rights, while providing no compensatory benefit to the citizens of Lee County. The Lee County Commissioners’ Court therefore rejects any suggestions for such a project by the City of Austin to be built in Lee County.
The resolution was signed by Judge Frank Malinak and all four County Commissioners.
The Giddings Times & News also covered the Resolution on March 16, 2023, as front-page news under the headline "Court takes dim view on aquifer storage project", with the article reprinted here:
Resolution hopes to give county some authority
Lee County commissioners have decided to take a position on Austin Water’s proposal to turn portions of the Corrizo-Wilcox Aquifer into a giant storage tank.
The storage plan, called the Aquifer Storage & Recovery (ASR) project, would siphon off water from the Colorado River in times of plenty and store it in the aquifer for future use during drought. To do this, Austin Water would need to acquire the rights to use the land over the designated storage areas.
In short, commissioners unanimously adopted a Resolution stating that the Texas Commission on Environmental Quality (TCEQ) cannot issue
any permits to Austin Water to use Lee County resources without the approval of
Lee County and the Texas Legislature.
The only problem is that Lee County currently does not have the authority to insert itself into the equation. The plan is to take this Resolution, and a matching Resolution to be signed by the Bastrop County commissioners, and present it to Senator Lois Kolkhorst and Representative Stan Gerdes.
It is hoped the legislators would then use their clout to either stop the ASR project in Lee County, or get the Texas Legislature to sign off on the Resolution, thereby giving local county governments authority to say what happens to its local water resources in regards to ASR projects.
Powerless
Counties currently have no power to regulate ASR projects under current law, and groundwater conservation districts such as the local Lost Pines GCD, have very limited regulatory authority over ASR projects.
In addition, Austin Water’s ASR project would require the City of Austin to control hundreds -- possibly thousands -- of acres of rural property, as well as a pipeline route to deliver and recover injected water -- all of which could be acquired by eminent domain in accordance with Chapter 251 of the Texas Local Government Code.
“You don’t have authority to have the final approval, but with some work, you’ll get there,” said Michele Gangnes, a retired attorney who lives in Blue, and she is a member of the Simsboro Aquifer Water Defense Fund.
Gangnes also casted doubt on TCEQ’s ability to enforce theproject or act as an advocate if something bad were to happen. “It will be an
uphill battle,” she warned the court.
No benefit locally
County Judge Frank Malinak III told the court, “From what we can see, there is absolutely no benefit at all to Lee County.”
Many others, including Sheril Smith, past president of the Lost Pines GCD and a resident of Blue, share Malinak’s sentiment. “As far as we can see, the ASR project has many benefits for the city of Austin and only risks for Lee County,” Smith told the court. “The project would take up 4-5 square miles of property. The City of Austin does not pay taxes; they have imminent domain authority.”
“My personal primary concern is contamination,” continued Smith. “We’re sitting on some of the best water in the state. The Carrizo-Wilcox Aquifer is pristine and prolific -- we should not take one small risk.
Contamination threat
Smith also told the court that one-fourth of all ASR projectsin the United States have been closed down for various reasons, contamination being one.
According to the Resolution, ASR projects have challenges related to both the type and quality of injected water and the geology of the aquifer itself, including potential introduction of pathogens (harmful bacteria and viruses) into the aquifer; development of disinfectant byproducts that may contaminate the aquifer; release of undesirable elements like arsenic into the groundwater, and clogging of wells from chemical reactions -- all of which risk permanent damage to the aquifer.
Judge Malinak explained that sometimes arsenic is bound up chemically, and when other chemicals are introduced, it can apparently cause arsenic to be released into the water.
In other ASR projects, injected water has sometimes migrated out of the confined area of the aquifer due to unknown subterranean fractures and faults, causing loss of injected water into adjacent aquifer formations, and into local drinking water supplies.
More liabilities
“Even if the ASR project is put in and fails, the infrastructure is already there to turn it into a groundwater pumping project,” warned Smith.
Gangnes told the court, “Even though the science is better today than when those other projects failed in the past, the liability issues are very great. If they do impair our aquifer, who is on the hook, and how do we avoid that cost?”
Nancy McKee, a landowner near Lexington, told the court someof the costs the county would have to pay include damage to the roads being torn up by equipment and possible damage to the Carrizo-Wilcox aquifer. “The subdivisions are coming,” McKee said. “They will need water. We’ve got to protect the aquifer. I’m concerned that (the ASR) will be leaking --comingling.”
The verdict
The commissioners took no time to debate and unanimously agreed to sign the Resolution.
After the Resolution is signed, Judge Malinak will forward copies to Senator Kolkhorst and Representative Gerdes. “We’ve met with (Austin Water),” he told the audience. “I’m concerned about every one of these issues listed on this Resolution. We’ve expressed our concern directly to them. I fully support this Resolution.”
Push back
Pct. 3 Commissioner Alan Turner told the court he has attended three ASR meetings with Austin Water. “I think they are looking at us hard,” he said.