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Photo by Jessica Nohealapa’ahi
September 13, 2024
Bandera County Groundwater District refers contested water permit case to hearings examiner
By Jessica Nohealapa’ahi
The Bandera Prophet
Standing room only was left during the Bandera County River Authority and Groundwater District’s Sept. 12 special called meeting, with many members of the public spilling out of the office doors onto the patio.
The matters at hand were two water permit requests from RR 417, LLC, operating as Camp OTX, near Tarpley. The organization has applied for a new public water supply permit to withdraw 100 acre feet annually, as well as an amendment to an existing permit increasing the annual production limit, for a total of 270 acre feet per year.
With BCRAGD Attorney Richard Mosty’s recommendation, board directors will refer the case to a hearings examiner, who will consider arguments from RR 417, as well as Friends of Hondo Canyon and the City of Bandera, who have collectively formalized opposition to the permit requests.
“This is now a contested case,” BCRAGD General Manager David Mauk said.
More than a dozen people spoke against the camp’s intent during yesterday morning’s public hearing.
“As a community, we really need to put our foot down. We cannot sustain his water needs. You give this gentleman an inch, he’s going to take a mile,” Ruth Ann Haines said. “He’s looking to take groundwater from people who need it for survival. He is going to ruin a lot of lives and I don’t think he gives a hoot about it.”
Expressing support for the district, Scott Slate said he trusted directors understood the need to protect water as a finite and dwindling resource.
“I honestly believe you realize that we’re just sticking straws in one sippy cup,” Slate said. “They picked the wrong place [to build the camp].”
Annie Snider, who lives in Tarpley, said she was concerned about Camp OTX and the amount of water they are requesting.
“This is not a non-profit camp, this is a for-profit camp,” Snider said. “I’m asking you to look long and hard and do what’s right for the community.”
RR 417 Attorney Derek Seal, with McGinnis Lochridge lawfirm in Austin, said he supported proceeding to a contested case hearing, and he requested the district treat the camp’s permit request as it would for any other landowner.
“If we can’t prove that we have a beneficial use for our water and the water is available, then we don’t get our permit,” Seal said. “All we’re asking the district to do is evaluate our application…based on the law, the science, and not a public campaign.”
Chris Torn - owner and director of Camp OTX, said the facility was headed into its fifth year of operation. He said last summer, the camp had 4,500-plus campers.
“We’re on track to have 5,000-plus campers next summer. We are the fastest growing summer camp in the history of summer camps. We’re thankful to this community for assisting that,” Torn said, adding the camp is one of the largest taxpayers in this county.
BCRAGD Board President Don Sloan said the importance of yesterday’s meeting was to gather public information and statements, while he simultaneously implored the public to maintain order.
“My objection is not the camp itself, but it’s not in the right spot,” Haines said. “I gather rain water off of our carport so I can water my vegetable garden. We’re going to lose our wells. We’re going to lose our homes. To us, this is a matter of life or death.”
The next step may take numerous months. Once the hearings examiner has concluded, recommendations will be referred back to the board for agreement, modification or rejection.
The matters at hand were two water permit requests from RR 417, LLC, operating as Camp OTX, near Tarpley. The organization has applied for a new public water supply permit to withdraw 100 acre feet annually, as well as an amendment to an existing permit increasing the annual production limit, for a total of 270 acre feet per year.
With BCRAGD Attorney Richard Mosty’s recommendation, board directors will refer the case to a hearings examiner, who will consider arguments from RR 417, as well as Friends of Hondo Canyon and the City of Bandera, who have collectively formalized opposition to the permit requests.
“This is now a contested case,” BCRAGD General Manager David Mauk said.
More than a dozen people spoke against the camp’s intent during yesterday morning’s public hearing.
“As a community, we really need to put our foot down. We cannot sustain his water needs. You give this gentleman an inch, he’s going to take a mile,” Ruth Ann Haines said. “He’s looking to take groundwater from people who need it for survival. He is going to ruin a lot of lives and I don’t think he gives a hoot about it.”
Expressing support for the district, Scott Slate said he trusted directors understood the need to protect water as a finite and dwindling resource.
“I honestly believe you realize that we’re just sticking straws in one sippy cup,” Slate said. “They picked the wrong place [to build the camp].”
Annie Snider, who lives in Tarpley, said she was concerned about Camp OTX and the amount of water they are requesting.
“This is not a non-profit camp, this is a for-profit camp,” Snider said. “I’m asking you to look long and hard and do what’s right for the community.”
RR 417 Attorney Derek Seal, with McGinnis Lochridge lawfirm in Austin, said he supported proceeding to a contested case hearing, and he requested the district treat the camp’s permit request as it would for any other landowner.
“If we can’t prove that we have a beneficial use for our water and the water is available, then we don’t get our permit,” Seal said. “All we’re asking the district to do is evaluate our application…based on the law, the science, and not a public campaign.”
Chris Torn - owner and director of Camp OTX, said the facility was headed into its fifth year of operation. He said last summer, the camp had 4,500-plus campers.
“We’re on track to have 5,000-plus campers next summer. We are the fastest growing summer camp in the history of summer camps. We’re thankful to this community for assisting that,” Torn said, adding the camp is one of the largest taxpayers in this county.
BCRAGD Board President Don Sloan said the importance of yesterday’s meeting was to gather public information and statements, while he simultaneously implored the public to maintain order.
“My objection is not the camp itself, but it’s not in the right spot,” Haines said. “I gather rain water off of our carport so I can water my vegetable garden. We’re going to lose our wells. We’re going to lose our homes. To us, this is a matter of life or death.”
The next step may take numerous months. Once the hearings examiner has concluded, recommendations will be referred back to the board for agreement, modification or rejection.