Bill breakdown
Senate Bill 2660, introduced by Sen. Charles Perry, R-Lubbock, would grant the Hays Trinity Groundwater Conservation District, or HTGCD, the authority to charge fees to water suppliers and nonexempt users based on how much groundwater they withdraw.
Water suppliers and nonexempt users include the following, according to HTGCD staff:
- Utilities
- Industrial users
- Event venues
- Landscape irrigators
- Golf courses
- RV parks
- Offices
- Other businesses
The HTGCD serves western Hays County, including Driftwood, Dripping Springs and Henly. As a groundwater conservation district, the organization focuses on conservation, preservation, recharge and waste prevention of groundwater use in the area.
The new fee would give the district a more permanent, sustainable source of funding as it currently only charges for the permitting of new wells. Hays County Commissioner Walt Smith said the current funding mechanism goes against the purpose of the district.
“It’s a true oxymoron,” he told Community Impact. “They’re tasked with protecting a drilling resource, yet the only funding mechanism to protect that drilling resource is to use more of the resource [through permitting].”
House Bill 2812, introduced by Republican Rep. Carrie Isaac who represents parts of Hays and Comal counties, would exempt public water supply wells from regulation, permitting and metering by the HTGCD.
Public supply wells are wells that have at least 15 service connections or serve at least 25 individuals for minimum 60 days out of the calendar year, according to the Texas Groundwater Protection Committee. This includes wells for business, commercial sites, gas stations, residences and other developments.
Isaac said the bill would remove HTGCD authority over wells and provide more access to water.
“[Water providers] can continue serving the thousands of families and businesses in Hays County who rely on them,” she said in a social media post. “We cannot allow bureaucratic overreach to jeopardize access to water.”
However, Smith said eliminating groundwater regulation could be harmful for Hays County residents. He said west Dripping Springs residents in particular are at risk because they rely on household wells as they are not connected to public utilities.
“Just saying that that's problematic is an understatement,” he said. “It ... astonishes me that we're in a situation, given that we've got neighbors whose wells are going dry and we're in curtailment because of drought, where there would be any valid reason for ever believing that allowing the these water systems to pump unfettered out of the aquifer with no caps on volume for the numbers of gallons that they could pull out—it just puts all their neighbors at risk.”
The big picture
The HTGCD has had a 40% curtailment for the district since 2022 due to low water availability within the Trinity Aquifer, which serves much of the Hays area. The broader Hays County is also facing Stage 3 extreme drought, according to the U.S. Drought Monitor, with predictions estimating the drought will continue.
Some areas of Hays, particularly in the far west area, have faced Stage 4 exceptional drought conditions, which is the most intense drought classification according to the U.S. Drought Monitor.
HTGCD General Manager Charlie Flatten said it’s both drought and development that contribute to uncertainty of water availability.
“What we’re seeing across the board is explosive development combined with very, very severe drought,” he said. “It's a really terrible situation for the community because we don't have a reliable water source, considering the amount of folks who are depending on this.”
Smith said that with HB 2812, the groundwater district would not be able to protect the aquifer from overpumping, which can lead to lower water availability.
Smith alleged that two water providers, Philadelphia-based Aqua Texas and Dripping Springs Water Supply Corporation, were the main parties that had overpumped beyond their permit limit.
The HTGCD, which oversees both parties’ permits, said that Aqua Texas overpumped over 89 million gallons in 2022 and over 73 million gallons in 2023. HTGCD said that Aqua cited demand as the reason for overpumping. HTGCD alleges it was due to leaking infrastructure and “inadequate infrastructure maintenance.”
Dripping Springs Water Supply Corp. overpumped over 28 million gallons in 2023, citing overage due to sales, HTGCD said.
Aqua Texas and Dripping Springs Water Supply Corporation did not respond to a request for comment as of press time. This story will be updated with comments if they are received.
What else
Hays County Commissioners Court, Wimberly City Council and Woodcreek City Council passed resolutions supporting legislation that expands HTGCD regulative authority. Hays County Commissioners Court passed another resolution opposing HB 2812.
What’s next
SB 2660 has not been passed yet. HB 2812 is sitting in committee and has not been heard yet.
