The 9th Court of Appeals denied Conroe’s motion for a rehearing that stemmed from a Feb. 2 opinion that said Conroe was not automatically entitled to recuperate its attorneys’ fees from the district, though that ruling did allow the lawsuit to otherwise move forward to trial. Any motion regarding the directors’ attorney fees must be filed with the 284th state District Court, which has been frozen as the two entities took the battle into the appellate courts in June 2016. Under the Texas Water Code, Conroe would be liable for hundreds of thousands of dollars in legal fees incurred by the LSGCD, if the city loses the suit. […] the Beaumont court originally ruled the district should not be liable for Conroe’s attorney fees if the city were to win the suit, citing a lack of explicit authorization under the Texas Water Code. In spite of the court’s ruling, Conroe still could ask a judge to order the district to pay the city’s legal fees if it wanted to, although Stilwell said that could be an uphill battle for Conroe in the court system.
Conservation News
Water issues in the courts could impact all landowners
Water wars ? the next generation – San Antonio Express-News
The water that is in our lakes and streams, ?surface water,? is owned by the state, but groundwater is owned by the landowner as private property with all the constitutional protection that comes with any private property rights. […] recently, many state agencies didn?t believe that to be true ? groundwater was being regulated as if it were owned by the government. Soon after, there was an explosion of districts established in counties across the state, creating a cottage industry of lawyers, consultants and bureaucrats excited about a new playground to grow bureaucracies and tax constituencies. Never mind that humans have been putting water in pipes and pumping it long distances since the Bronze Age; forget the fugacious nature of groundwater that allows water to move from place to place, creating a classic ?taking? of private property claims. The State Water Plan is failing the very people it was designed to protect, not because of evil but because convenient capitalists and their close cousin ? crony capitalism ? formulated a plan that gave preferential treatment to the government over the free market economy. The debt for most of the water providers across Texas continues to increase, but the government skims a fee, leaving a smaller piece of the pie to pay for much-needed repairs and maintenance. The much-needed capital that is being siphoned away from water infrastructure investment by the government will have a devastating effect on our future water supplies. Shrink the size of government, eliminate these 100 new agencies, and replace them with water management that is coterminous with aquifer boundaries and not political subdivisions.
Source: Water wars ? the next generation – San Antonio Express-News
Central Texas growth hinges on water | Local News | kdhnews.com
There is no doubt that a population boom is looming for Bell County and the rest of the state.
Source: Central Texas growth hinges on water | Local News | kdhnews.com
Open wells can cause potential hazard to groundwater – KWES NewsWest 9 / Midland, Odessa, Big Spring, TX: newswest9.com |
Unplugged wells are?all across Texas. They’re from oil companies that go bankrupt, cease to exist, or?don’t properly plug their wells.
Montomery County water fight could move to ballot box – Houston Chronicle
Groundwater Bill Seeks to Protect Water Supplies for Rural Communities (Orange Leader 2-25-17)
The Texas Farm Bureau published an article in its newsletter last week opposing HB 645 and HB 1318, bills filed by Representative Eddie Lucio III aimed at ensuring that rural economies thrive by continuing to be allocated a fair share of their local groundwater supply. The Farm Bureau?s arguments for opposing these bills….
Montgomery County groundwater issues continue to get muddy | Community Impact Newspaper
Feb 23, 2017: Decisions made by Montgomery County Commissioners Court and the city of Conroe continue to raise the stakes for the highly contested groundwater regulation
Source: Montgomery County groundwater issues continue to get muddy | Community Impact Newspaper
The Source: What Is The Future Of Water In Texas?
As the state legislative session rolls on, water is never far off the agenda. State Representative Lyle Larson from San Antonio says water will be his
Land Elevation Changes Due to Groundwater Withdrawals Indicate Regional Shifts in Houston-Galveston Area
Extensive groundwater withdrawals have caused the loss of land-surface elevation, or subsidence, in parts of the Houston-Galveston region in Texas, according to a recent U.S. Geological Survey annual report.