Uvalde County Underground Water Conservation District files suit to protect area water from Edwards Aquifer Authority rule change
(Press Release) The Uvalde County Underground Water Conservation District (UCUWCD) and co-plaintiffs George and Carolyn Ligocky this week filed suit in state district court in Uvalde County to protect area residents and businesses from attempts by the Edwards Aquifer Authority (EAA) to violate the clear mandate of the Texas Legislature to protect irrigation and agricultural interests from thirsty municipalities and other users in the EAA region.
The move is in reaction to a rule change made recently by EAA, which would make it easier for outside interests to pump 100 percent of a landowner’s water elsewhere. The rule change, which is unsupported by state law, alters an original provision of the EAA Act that establishes that 50% of an irrigation right must remain with the land and run with the land.
“If the Edwards Aquifer Authority rule were to remain in place, over the long term the only remaining farms in our area would be ant farms,” said UCUWCD Manager Vic Hilderbran.
“The rule has the potential to break the back of the local Uvalde County agri-business climate and stifle area economic development, because it favors the thirsty urban communities of the EAA region,” Hilderbran said.
“The state legislature did not empower the Edwards Aquifer Authority to alter a provision of state law and we have a high level of confidence that the courts will agree with us,” Celina Romero, attorney for the District and the Ligockys, said.
State Representative Tracy O. King, who represents the area in the Texas Legislature, also weighed in on EAA’s lack of authority to make the rule change.
“In this legislative district, water is a key resource, and I am unconvinced that the Edwards Aquifer Authority’s rule change is supported by the authority the legislature granted them. Before any of my constituents are adversely affected, or business interests in my district harmed, this issue absolutely needs to be fully vetted,” King said.
The suit, filed Tuesday in Uvalde County, asks the court to permanently enjoin the Edwards Aquifer Authority from taking future actions under the rules that are being challenged. If UCUWCD and other plaintiffs prevail, the move would protect the water supply of Uvalde County residents.
