January 11, 2021
On January 11, 2021, Electro-Purification filed a request to nonsuit the contested case hearing regarding its application to pump 2.5 million gallons of water per day from the Trinity Aquifer on property in Hays County. Perales, Allmon & Ice, P.C. represents Hays County as a protestant in the matter, in support of opposition by many members of the community including the Trinity Edwards Springs Protection Association (TESPA).
Hays County sought to protect long-term water supplies for the County, and the Jacobs Well Natural Area operated by Hays County. After consideration of evidence presented by protestants including TESPA and Hays County, the General Manager of the Barton Springs Edwards Aquifer Conservation District had recommended that Electro-Purification’s permit be limited to only 0.25 MGD, with the ability to increase the authorization to 0.5 MGD if no unreasonable impacts were observed. Electro-Purification filed its request in response to this recommended limitation, which Electro-Purification opposes.
While Electro-Purification may continue in its efforts to withdraw significant amounts of water from the Trinity Aquifer upon remand of the matter for further consideration by the District, the General Manager’s recommended limitation on the permit, and the consequent request for dismissal of the application from SOAH’s docket, represents a significant step in limiting the potential for significant withdrawals.