Uvalde-area Plaintiffs in Water Dispute Against Edwards Aquifer Authority Sharpen Focus of Lawsuit
(PRESS RELEASE) Plaintiffs in the Uvalde-based lawsuit against the Edwards Aquifer Authority (EAA) have amended their filings to better focus on the core issues associated with EAA’s attempts to illegally grab water from the Uvalde County area. The move signals a new focus on court action, following weeks of unsuccessful negotiations.
This week, plaintiffs and intervenors, which include the Uvalde County Underground Water Conservation District (UCUWCD), the City of Uvalde, Uvalde County, and area farmers, amended their suit to remove causes of action related to local farm-to-farm water transfers. This change allows plaintiffs to focus on the core conflict with EAA – illegal rules that allow outside interests to pump 100 percent of landowners’ water elsewhere, leaving local agriculture interests high and dry, and harming future economic development in the region.
“Local temporary farm-to-farm water transfers promote economic development within the County, not harm it. Removing these causes of action from the suit allows us to fully focus on the core issue which harms the region,” said Doug Caroom, lead attorney for the County and City.
“Uvalde County-area plaintiffs’ ultimate goal is to increase local agricultural interests’ options to keep our water rights in the area, and increase opportunities to trade it locally. That is best achieved by shutting down outsiders’ attempts to take the remaining Edwards water rights in Uvalde County for use elsewhere and validating local farm-to-farm water transfers that promote economic development within the County through legislation,” said Celina Romero, lead attorney for the Water District.
The suit was also recently amended to remove the individual EAA board members from the suit in their official capacities to streamline the litigation.
The suit is in reaction to EAA rules, including recent revisions, that allow outside interests to pump 100 percent of a landowner’s water elsewhere. The rules, which are unsupported by state law, violate the Legislature’s longstanding mandate that a landowner may transfer 50 percent of his or her irrigation water rights but the other 50 percent must remain with the land.
The original suit was filed January 16. Since then, attempts to negotiate a settlement which mutually benefits those in the Uvalde area and across the EAA region have not yielded results, which is why plaintiffs are now refocusing their efforts on the litigation.
The suit asks the court to declare the Edwards Aquifer Authority rules invalid and illegal, and if UCUWCD and other plaintiffs prevail, the move would protect Uvalde County residents’ water rights from being pumped out of the area for use in other regions of the state.
