Download & Print
Standing room only was left for a public hearing at the Bandera County River Authority and Groundwater District.
Photo by Jessica Nohealapa’ahi
January 22, 2025
Groundwater District continues to deliberate permit request to more than double water usage
By Jessica Nohealapa’ahi
The Bandera Prophet
After a public hearing that once again left standing room only, and a lengthy executive session, the Bandera County River Authority and Groundwater District Board of Directors is taking time to consider a permit application from Vanderpool Management, LP, of Midland, for more water.
Vanderpool Management, LP is asking to increase its pumping from 56 acre-feet of water per year, to a total of 200 acre-feet per year between two wells. The wells, located near RR 337 in Vanderpool, are drawing from the Cow Creek Formation, part of the Trinity Aquifer.
The contested case was referred last year to the State Office of Administrative Hearings (SOAH). Over the course of two days, listening to sworn testimony from experts on both sides that generated 532 pages of transcript, two administrative judges issued a recommendation that the permit requests be granted, with the addendum that groundwater not be pumped into a pond on the property.
Environmental Attorney Lauren Ice, representing Bandera Canyonlands Alliance, said she identified “major errors of law,” entitling BCRAGD to reject or modify the SOAH recommendation. She said Vanderpool Management had “not met the burden of proof” that water was available and would be put to beneficial use without waste, and that pumping would not cause impacts to the community and the aquifer.
More than 25 people signed in for the public forum, some of whom neighbor the Vanderpool property. Several stated they had to lower their well pumps hundreds of feet, at great financial expense. Some ran out of water altogether.
“I am concerned about this request. If we lose our water, we lose our home, our livelihood, the food we produce,” Nancy Rinn said. “It’s all of our neighbors. There is simply not enough water. It’s a finite resource.”
“I took an oath to defend the Constitution when I enlisted in the U.S. Army. I’m all for limited government, but in this case, the government needs to step in. We’re asking you to fulfill your oath of office to defend the tranquility of the people,” Pastor Greg Young said, adding he had to drop his well 120 feet last summer.
“My position was 28 acre-feet per well. We thought that was fair and would hopefully not cause problems for neighbors,” BCRAGD General Manager Dave Mauk said. “The applicant has a right to water, our job is to mitigate how much…I can’t tell someone they can’t have water…it’s got to be beneficial use without waste.”
BCRAGD’s options include keeping the permitted status quo of 28 acre-feet per well, for a total of 56 acre-feet; creating a stairstep program up to 200 acre-feet; or accepting the SOAH administrative judges’ proposal of a full 200 acre-feet.
“All three options are risks,” Mauk said, adding the district’s job is to think about its mission statement, protecting the aquifer, the impact to surrounding areas, and the applicant’s rights.
Vanderpool Management, LP is asking to increase its pumping from 56 acre-feet of water per year, to a total of 200 acre-feet per year between two wells. The wells, located near RR 337 in Vanderpool, are drawing from the Cow Creek Formation, part of the Trinity Aquifer.
The contested case was referred last year to the State Office of Administrative Hearings (SOAH). Over the course of two days, listening to sworn testimony from experts on both sides that generated 532 pages of transcript, two administrative judges issued a recommendation that the permit requests be granted, with the addendum that groundwater not be pumped into a pond on the property.
Environmental Attorney Lauren Ice, representing Bandera Canyonlands Alliance, said she identified “major errors of law,” entitling BCRAGD to reject or modify the SOAH recommendation. She said Vanderpool Management had “not met the burden of proof” that water was available and would be put to beneficial use without waste, and that pumping would not cause impacts to the community and the aquifer.
More than 25 people signed in for the public forum, some of whom neighbor the Vanderpool property. Several stated they had to lower their well pumps hundreds of feet, at great financial expense. Some ran out of water altogether.
“I am concerned about this request. If we lose our water, we lose our home, our livelihood, the food we produce,” Nancy Rinn said. “It’s all of our neighbors. There is simply not enough water. It’s a finite resource.”
“I took an oath to defend the Constitution when I enlisted in the U.S. Army. I’m all for limited government, but in this case, the government needs to step in. We’re asking you to fulfill your oath of office to defend the tranquility of the people,” Pastor Greg Young said, adding he had to drop his well 120 feet last summer.
“My position was 28 acre-feet per well. We thought that was fair and would hopefully not cause problems for neighbors,” BCRAGD General Manager Dave Mauk said. “The applicant has a right to water, our job is to mitigate how much…I can’t tell someone they can’t have water…it’s got to be beneficial use without waste.”
BCRAGD’s options include keeping the permitted status quo of 28 acre-feet per well, for a total of 56 acre-feet; creating a stairstep program up to 200 acre-feet; or accepting the SOAH administrative judges’ proposal of a full 200 acre-feet.
“All three options are risks,” Mauk said, adding the district’s job is to think about its mission statement, protecting the aquifer, the impact to surrounding areas, and the applicant’s rights.