Members of the "Brown Landowners" and their legal team; the Environmental Stewardship team; and other landowner protestants who were refused party status, Bastrop Convention Center, 2019.
JANUARY 25, 2021 UPDATE --- THE OFFICIAL NOTICE FROM LOST PINES APPEARS AT THE END OF THIS POST, plus new additions to our talking points, and helpful hints on "ZOOMing". Also see the April 3, 2020, SAWDF media release in this News Blog on the decision by Judges' at the State Office of Administrative Hearings recommending that Lost Pines GCD award the full permit to LCRA.
LCRA PERMIT APPLICATION- FINAL HEARING 1/28/2021; 6-9pm
The Lost Pines Groundwater Conservation District has set the Final Public Hearing for the LCRA contested case on Thursday, January 28, 2021 from 6-9PM.
The hearing will be in “hybrid” format, due to the COVID pandemic --- both in-person and via ZOOM (either by internet or telephone). Here’s the breakdown of procedures, as best we know them now. STAY TUNED FOR ANY UPDATES.
A majority of the Board will gather at the Bastrop Convention Center to hear from only two speakers for each party, the LPGCD, and LCRA. The “Brown Landowners” are considered one collective party.
Some LPGCD Board members will participate by teleconference or phone. Some presentations by parties may be given by teleconference or phone.
In addition to the Brown Landowners, the parties who contested the permit include Aqua Water; the City of Elgin; Environmental Stewardship; water marketer Recharge Water LP; and Elvis and Roxanne Hernandez, Paige landowners. ~~ Even LCRA didn't like the original proposed permit and protested it, as did the General Manager of the groundwater district.
The Lost Pines GCD Board of Directors makes the final decision on the permit --- Michael Simmang; Sheril Smith; Herb Cook; Billie Sherrill; and Larry Schatte (Lee County members); and Mike Talbot; Karl Steinbach; David Fleming (recused for LCRA permit as Aqua employee); Phil Cook (recused for LCRA permit as Brown Landowner); and Kay Rogers (recused for LCRA as Brown Landowner) (Bastrop County members). That means three directors will not be voting, but any official action by the board still requires a majority vote of the full board, or six votes.
Roy Herms, Paige rancher, and member of Brown Landowners, speaks to the groundwater district while LCRA looks on, Preliminary Public Hearing, 2018. Roy's spring-fed pond has never gone dry and supplied water to Bastropians during the drought of the 1950's. He fears his property will have met its match if LCRA sinks 8 wells on the Griffith League Boy Scout Ranch, which borders his property.
It is our position that the LPGCD Board should either deny the permit or severely reduce the amount LCRA is allowed to pump. LCRA is asking for 25,000 acre-feet/year or about 8 billion gallons per year.
BROWN LANDOWNERS:
Brown Landowners are represented in the contested case by Don Grissom and Charles Carver. Individual contestants from Brown Landowners will not be allowed to speak, because we have representation. However, Brown Landowners are encouraged to submit any arguments or comments, in writing, to our legal counsel no later than 11PM this coming Sunday evening --- January 24.
Email them to:
[If you care to share them with Michele and Andy, please do; emails below]
Contested case hearing before State Office of Administrative Hearings, Austin,
GENERAL PUBLIC AND LANDOWNER PROTESTANTS WHO WERE EXCLUDED FROM PARTY STATUS:
Live Participation in the hearing:
The general public (including excluded landowners) can only attend by teleconference or phone. We will send this information as soon as it is published by LPGCD.
By law, there will be an opportunity for the general public to make comments, usually near the top of the meeting agenda. However, also by law, these comments will not be part of the hearing record and the Board is told they may not consider public comments when making a decision regarding the LCRA Permit application.
The general public can make comments that may set the mood or tone in which the Board makes their decision. So, comments about:
- conservation of groundwater,
- groundwater rights,
- LPGCD’s duty to “protect the water supply of Lee and Bastrop county residents,”
- The investment landowners have in their water rights/property rights;
- Or other topics that do NOT mention the LCRA will be hard to ignore.
Again, no one listed as a contestant in Brown Landowners can speak during Public Comment, only members of the general public who are not involved in the contested case. However, if you protested the permit, but were excluded from “party status” by the SOAH Judge and could not participate in the contested case as a result, the Judge specifically ordered that you be allowed to comment as a member of the public at the hearing. (You can of course submit written comments to the Board, and to our lawyers.)
The State Administrative Law Judges, who presided over the contested case hearing on LCRA's application and recommended the full permit be given, reportedly had little or no prior experience in groundwater permitting cases.
Comments in writing submitted to Lost Pines GCD directly:
While we would love for you to “attend” the hearing, so the Board knows how much interest is out there, we understand if you can’t.
Any member of the public and excluded landowners may also submit their comments in writing, no later than the day of the hearing, January 28. Send them to lpgcd@lostpineswater.org, identified as “Public Comment – LCRA Permit”
BROWN LANDOWNERS, Don’t forget! Make time this weekend to put your thoughts on paper and send them to our legal counsel before bedtime on Sunday night.
ALL OTHERS, we’ll see you there!
Thanks for being a part of this historic contested case. Like we said above, we hope that the LPGCD Board will either deny the permit or severely reduce the amount allowed.
Sincerely,
Michele Gangnes and Andy Wier
Simsboro Aquifer Water Defense Fund [SAWDF]
Feel free to copy us on your comments shared with the attorneys [BLO contestants] or your written public comments submitted to District.
January 25 UPDATE -- additional talking points, Official Notice and Agenda, and SAWDF tips for ZOOM meetings
TALKING POINTS
NEW! Northeast Lee County wells, along with Burleson County wells, that are drilled into the Carrizo Aquifer, are experiencing significant impacts that are believed to be coming from the Vista Ridge/SAWS groundwater project in Burleson County --- Vista Ridge is under the authority of the Post Oak Savannah Groundwater Conservation District, but this is a serious encroachment on Lee County landowners and the Lost Pines GCD.
Vista Ridge is pumping 15,000 acre-feet/year(AFY)from the Carrizo, and up to 40, 835 AFY from the Simsboro. The links above to our NEWS blog will tell you more.
NEW! Our good friends at Environmental Stewardship deserve our support --- remember to include our rivers, streams, and springs --- when you speak about what you want to preserve for your grandkids, or when you speak about "conservation" and "stewardship" of natural resources. Groundwater pumping affects the freshwater feed into rivers, etc.; it augments river flows and plays a critical role in a river system's ability to survive.
[You can find Environmental Stewardship's website here. ES participated in the LCRA contested case and hopes to convince Lost Pines to put a requirement for monitor wells to collect data on LCRA impacts on the Colorado River System. THE JUDGES recommended this; we all want it included in the permit.].
- Here's how SAWDF puts it, in its Mission Statement: The mission of the Simsboro Aquifer Water Defense Fund (SAWDF) is to take action to protect and conserve the Carrizo-Wilcox Aquifer in central Texas, as well as the rivers, streams and springs that are nurtured by it, and to defend the rights of those who live over the aquifer and who seek to leave a legacy of sustainable water resources for future Texans.
Here are the Talking Points we mentioned in our last notice --- these and other similar topics would be hard for them to ignore:
The general public can make comments that may set the mood or tone in which the Board makes their decision. So, comments about:
· conservation of groundwater
· groundwater rights
· LPGCD’s duty to “protect the water supply of Lee and Bastrop county residents,” --- see their website! Lost Pines
· The investment landowners have in their water rights/property rights;
LOST PINES GROUNDWATER CONSERVATION DISTRICT
Board Meeting
Thursday, January 28, 2021 – 6:00 p.m.
Bastrop Convention & Exhibit Center
1408 Chestnut Street
Bastrop, Texas 78602
INSTRUCTIONS FOR REMOTE PARTICIPATION ARE ATTACHED
IN PERSON*/TELEPHONIC/VIDEO CONFERENCE MEETING PURSUANT TO THE OFFICE OF THE GOVERNOR’S TEMPORARY SUSPENSION OF CERTAIN OPEN MEETINGS ACT LAWS DUE TO THE NOVEL CORONAVIRUS
*NOTE: IN PERSON ATTENDANCE IS LIMITED TO: THE LOST PINES BOARD MEMBERS AND SPECIAL COUNSEL, TWO REPRESENTATIVES FROM EACH PARTY TO THE CONTESTED CASE PROCEEDING INCLUDING THEIR COUNSEL, DISTRICT STAFF, A COURT REPORTER, AND ON-SITE OPERATIONS PERSONNEL. DUE TO HEALTH AND SAFETY MEASURES, ALL OTHERS AND THE PUBLIC MUST PARTICIPATE REMOTELY. ALL IN PERSON PARTICIPANTS WILL BE ASKED TO WEAR A FACE COVERING AT ALL TIMES.
The subjects to be discussed or considered, or upon which any formal actions may be taken, are as listed below. Items may or may not be taken in the same order as shown on the meeting notice.
1) Call to Order – President Michael Talbot
2) Welcome and Introductions.
3) Virtual Public comments by phone or videoconference – limit 3 minutes each person.
4) Final Hearing on applications of Lower Colorado River Authority for Operating Permits and Transport Permits for 8 wells located in Bastrop County, Texas and the Administrative Law Judges’ Proposal for Decision issued in SOAH Docket No. 952-19-0705 recommending granting said permits in an aggregate amount of 25,000 acre-feet of water per year from the Simsboro Aquifer along with other terms and conditions.
5) Consideration of and possible action on the applications of Lower Colorado River Authority for Operating Permits and Transport Permits for 8 wells located in Bastrop County, Texas and to withdraw an aggregate amount of 25,000 acre-feet of water per year from the Simsboro Aquifer to be used in Bastrop, Lee, and Travis Counties.
Adjourn.
Date: _________________________________ _____________________________________
Peggy Campion, Secretary
Note on Executive Session: The Board may recess into Executive Session to consult with its attorneys regarding any posted matter in which the Board may seek the advice of its attorneys under Government Code 551.071 or for any action on the agenda for which a closed session is permitted by law, and will reconvene in open session for any appropriate action on any matter considered in Executive Session.
Note on Public Comments: The Board will receive comments from the public on any matters within the jurisdiction of the Lost Pines Groundwater Conservation District. However, the Board will not hear public comments related to any contested case hearing or other litigation matter that is subject to a prohibition on ex parte communications (including a contested permitting matter) between the conclusion of the public hearing for such matter and the date the Board considers a proposal for decision or renders a final decision on the matter. The Board will not take action on public comments, but may request that matters addressed during public comments be placed on a future agenda for consideration.
Persons with disabilities who plan to attend the District’s agenda and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, or Braille are requested to contact Peggy Campion, Assistant Secretary, at 512-360-5088 at least two (2) work days prior to the agenda, so that appropriate arrangements can be made. Persons who desire the assistance of an interpreter in conjunction with their oral presentation at this district agenda are requested to contact Peggy Campion, Assistant Secretary, at 512-360-5088 at least five (5) days prior to the agenda so that appropriate arrangements can be made.
{INSTRUCTIONS FOR REMOTE PARTICIPATION IN THE MEETING FOLLOW}
LOST PINES GROUNDWATER CONSERVATION DISTRICT
Board Meeting
Thursday, January 28, 2021 – 6:00 p.m.
INSTRUCTIONS FOR REMOTE ATTENDANCE VIA THE PUBLICLY
ACCESSIBLE WEB LINK OR TELEPHONE CONFERENCE CALL
Information on how to participate in the public meeting remotely is provided below. The agenda for this board meeting immediately precedes these instructions for participation. You can provide written public comment in advance of the meeting to lpgcd@lostpineswater.org or live during the meeting via the web link or conference call number provided below.
INSTRUCTIONS FOR MEETING PARTICIPATION AND ATTENDANCE
Audio and Video Conference Opens at 5:45 PM
The Meeting will begin at 6:00 PM
Participation via the audio and video conference will be allowed in the board meeting during public comment or any posted agenda item. If you plan to make public comment during any portion of the meeting, please do the following:
- Contact the District at 512-360-5088 or lpgcd@lostpineswater.org to register as a speaker during public comment or on any agenda item by 5:00 pm on Wednesday, January 27th. Please indicate whether you would like to speak during public comment and/or a specific item on the agenda. Any person participating in the meeting must be recognized and identified by the presiding officer before they speak.
- Log in to the Zoom video conference OR dial in to the conference call using the information below:
Zoom Meeting Link:
https://us02web.zoom.us/j/3690090040?pwd=cDNJcTlWdGRRcnc0UlplM0VRQlJHZz09
Meeting ID: 369 009 0040
Passcode: a0ix0g
Telephone conference:
Phone number: Dial +1 346 248 7799
Meeting ID: 369 009 0040 #
Passcode: 058330
- Persons with disabilities who plan to attend the District’s meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, or Braille are requested to contact Peggy Campion, Assistant Secretary, at 512-360-5088 at least two (2) work days prior to the meeting, so that appropriate arrangements can be made. Persons who desire the assistance of an interpreter in conjunction with their oral presentation at this district agenda are requested to contact Peggy Campion, Assistant Secretary, at 512-360-5088 at least five (5) days prior to the agenda so that appropriate arrangements can be made.
Tips for "ZOOMing" from SAWDF:
1. You can download a free copy of ZOOM for your computer:
https://zoom.us/download#client_4meeting
- You can watch and listen on your computer, even if you do not have a camera or microphone.
- To make Public Comments thru ZOOM you will need a microphone on your computer [select Computer Audio], OR you may watch on ZOOM and talk & listen with your telephone [select Telephone Audio]. Follow the dialing instructions on-screen.
2. You can download the free App [ZOOM Cloud] for your smart phone/tablet. Search for ZOOM at the Apple/Google App stores.
- Watch, listen, and speak using your smart phone/tablet.
3. You can use your phone to just listen & speak in the ZOOM meeting. Follow the dialing instructions in the Hearing Notice.
Go here for tips on ‘Getting Started’ with the ZOOM application: