During a Feb. 24 Commissioners Court meeting, three agenda items regarding drought response were tabled.
The court’s first agenda item pertaining to drought response was a plan to evaluate industrial developments and to evaluate water usage to maintain a stable water supply. The resolution contained a temporary 30 day moratorium-like evaluation period for industrial projects predicted to use more than 20,000 gallons of water per day. The two other resolutions went into implementing findings of fact and ensuring water conservation efforts were measured for industrial projects.
Judge Rueben Becerra said that despite being pro-business, he found current water issues to be related to an overconsumption of resources.
“There [is a] total of six large industrial users circling to plant themselves here in Hays County, at a place in time where we can barely sustain ourselves,” Becerra said.
Over 95% of Hays County is experiencing an extreme drought, with about 5% experiencing a severe drought, covering the entire county, according to the National Integrated Drought Information System.
Becerra said that if heavy industrial water use was not addressed, severe public safety risks could emerge, such as being unable to adequately fill fire trucks.
“I am working alongside state officials to ask [Texas] Gov. [Greg] Abbott for a legislative session, an emergency session, to address gaps within the Texas local government code, and Texas government code so that counties have clearer authority to respond to high volume water consumption during emergency drought conditions,” Becerra said.
After the reading of the first agenda item and resolution, 13 residents made comments, many concerning the high usage of water of data centers. A previously proposed, and denied Francis Harris Lane data center in San Marcos, would have used anywhere from 20,000-35,000 gallons of water a day.
Bobby Levinski, an attorney with Save Our Springs Alliance and a Hays County resident, said that the severe decline in streams, rivers and aquifer’s is connected to overallocation and over pumping.
“[Overallocation and over pumping is] a symptom of the pitiful state of Texas water loss,” Levinski said.
Levinski said that anyone who is concerned about the water crisis should call for the end of the rule of capture. The rule of capture in Texas entitles a landowner who extracts groundwater or any other naturally occurring resource from beneath their property to ownership, according to Sprouse Law.
Randall Terrell, a resident of San Marcos, said he opposed the construction of data centers being built in Hays County and supported the temporary suspension for industrial construction.
“I’ve lived with limits on toilet flushing and showers, and even rationing of drinking water. Droughts can be very, very ugly things,” Terrell said. “I encourage you to imagine what Hays County voters will think of the data centers if we get anywhere near that desperate.”
Commissioner Debbie Gonzales Ingalsbe said Hays County does not have authority to pass a Moratorium which would temporarily pause a legal activity.
Commissioner Walt Smith said he was concerned with the legal authority of passing the agenda item, despite showing support for what was written.
Chase Young, assistant criminal district attorney for Hays County, said he believed that the resolution established in the agenda item would not be legal going forward.
“I think that we would be exposing ourselves to significant legal liability,” Young said. “I think that if [the court] closed at 3 [PM], we’d be sued by 4 [PM].”
Becerra said that he would table the item, to ensure that the agenda item could still be discussed in the future. Smith said that the issue was still not settled despite it being tabled. Smith expressed his frustration with Becerra for a lack of involvement in issues regarding past water issues, until recently.
“I would have loved to have some support for the last eight years working on these issues,” Smith said. “If you were involved in these issues, you would know that we actually have [Erin Zwiener, (D-Driftwood)] on the natural resources committee, fighting for us. She’s not a member of my party.”
Judge Becerra said that they would not open the other two related agenda items despite only having discussion over the first item.
On a select amount of Tuesday’s the Hays County Commissioners Court meets at 9 a.m. Find out more on their website.
