Contested Case Trial begins in SAWS Efforts to Obtain Water from Gonzales County

Monday saw the opening arguments and first day of witness testimony in the contested case "trial" over whether the San Antonio Water System (SAWS) is entitled to permits to produce and transport 11,683acre-feet (annually) of Carrizo groundwater from Gonzales County, Texas. The tiny Gonzales County Commissioners' Courtroom was packed with onlookers, many of which wore shirts and caps emblazoned with slogans reflecting their opposition to the applications and SAWS' exportation of water from this rural community.

SAWS filed its permit applications with the Gonzales County Underground Water Conservation District (GCUWCD) in 2006. Several entities and individuals, including the GCUWCD's General Manager, filed protests to the SAWS applications. These protests resulted in referral of the case to a Hearings Examiner for review and ultimate recommendation. John Vay, the examiner, is an environmental attorney out of Austin, who has also served as Hearings Examiner for other groundwater conservation districts considering permit applications.

The requested permits seek water which is intended to be part of SAWS' "Regional Carrizo Project" as described in the SAWS Water Resource Plan. According to that Plan and the applications filed with GCUWCD, SAWS seeks to transport the water from Gonzales County to San Antonio for use by SAWS' retail customers.

The Parties protesting SAWS' application are the GCUWCD GM, Schertz-Seguin Local Government Corporation, Canyon Regional Water Authority, the Gonzales County Water Supply Corporation, the City of Nixon, the City of Smiley, the Water Protection Association, and Dorothy Ploeger (a local landowner and groundwater permit holder). Each of these parties are represented in the case by experienced water lawyers. The contested case hearing is expected to last through October 13, 2009.

At the conclusion of the hearing, attorneys representing the parties will submit written closing argument. As in other administrative law cases, the Hearings Examiner will then issue a written Proposal for decision to the GCUWCD Board of Directors. Ultimately, the Board will determined whether to issue or deny the permits and associated water rights sought by SAWS.