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The county’s water preservation specialists recently announced a significant legal victory centered around the management of local groundwater resources and judicial deadlines. The Third Court of Appeals in Bastrop County District Court dismissed a lawsuit filed by the Lower Colorado River Authority earlier this month, targeting the Lost Pines Groundwater Conservation District.
“We are pleased with the court’s decision to dismiss LCRA’s suit,” Jim Totten said in a prepared release, LPGCD general manager. “This outcome underscores the importance of adhering to legal deadlines and validates the thorough and fair process undertaken by LPGCD in managing and pro- tecting our groundwater resources.”
The legal battle began in 2018 when LCRA submitted operating and transport permit applications to LPGCD. After a thorough review, LPGCD approved the permit request in November 2021, but with modifications, including a reduction in the requested annual production.
Following the decision, according to reports, LCRA filed a motion for rehear ing later that month, which was granted by LPGCD in February 2022, adopting a second final decision that May. LCRA then filed another motion for rehearing in June, and subsequently, a petition for judicial review.
However, according to Texas law, the deadline for filing a petition for judicial review is 55 days after the initial decision— in this case, by Jan. 9, 2022. The Third Court of Appeals ruled that LCRA’s petition was filed outside this legal timeframe, leading to the dismissal of the lawsuit for lack of jurisdiction.
LCRA has since filed a motion for rehearing with the full panel of six justices at the Third Court of Appeals, seeking to challenge the legal precedent behind the court ’s decision. The parties are currently briefing the motion, with arguments expected to be heard by the court in the near future, according to reports.
According to LPGCD, this court ruling not only validates the district’s actions, but also reinforces the integrity of the processes and decisions made to ensure sustainable groundwater management.
“The court’s ruling reaffirms our commitment to responsible groundwater management and the integrity of our decision- making process,” added Totten. “We look forward to continuing our work in safeguarding the water resources for Bastrop and Lee Counties.”
The Lost Pines Groundwater Conservation District is dedicated to the protection and conservation of precious local groundwater resources, according to the team. Through educational programs, community outreach and strategic resource management, the district strives to ensure a sustainable groundwater supply for current and future generations.
