Friday, March 29, 2024

Doubling down

Posted

This week the Commissioners Court reiterated its displeasure at the Upper Trinity Groundwater Conservation District’s proposed new rules that some fear are based on questionable data and will have a negative impact on Hood County.

The rules pertain to water wells and tract size.

The court adopted a new resolution aimed at the UTGCD at the suggestion of Precinct 4 Commissioner Dave Eagle.

Eagle said he thought the action was appropriate since “60 percent” of the court has changed since a similar declaration was adopted on Nov. 27 of last year.

Eagle is new to his seat, and so is Precinct 2 Commissioner Ron Cotton and County Judge Ron Massingill.

Last year county and chamber officials, as well as Realtors, expressed alarm over the potential negative impact if the new rules are adopted.

They feared the restrictions could affect development and make it harder for landowners to divide their property to sell or pass on to their children.

The resolution passed by the prior court asked the UTGCD to hold off on adopting new rules until mid-2019.

The Hood County Board of Realtors adopted a similar resolution.

Eagle noted that since then “things have kind of heated up and people are starting to pay attention.”

He said he wanted to “reiterate” the county’s stance based on his own research that included interviews with water well drillers and landowners, discussions with legal counsel in Hood and Parker counties as well as Austin, talks with a hydrologist who has examined the data the UTGCD is relying on, reviews of the Texas and U.S. Constitutions and the water code.

The new resolution also asks for a delay, but a longer one – until at least Dec. 31.

The UTGCD works to protect existing wells and the availability and accessibility of groundwater in Montague, Wise, Parker and Hood counties.

Its board is comprised of members appointed by those Commissioners Courts.

The Hood County Commissioners Court appointed Richard English and Mike Massey to the UTGCD board.

Eagle’s resolution mentions them by name and states that the court expects them “to base their decisions on accurate, reliable and scientifically sound data and information.”

The declaration also raises a question as to whether the rules are constitutional.

Cotton asked whether the new resolution would override the previous one, and pointed out that the new one seemed to differ from the other resolution in references to well spacing.

This resulted in a brief exchange in which Precinct 3 Commissioner Bruce White stated that the UTGCD board had proposed a five-acre minimum tract size but then stated a willingness to reduce the minimum acreage.

The current minimum in Hood County is two acres, he said.

Eagle amended his motion to adopt the resolution, adding a stipulation that the new resolution will supersede the older one.

Precinct 1 Commissioner James Deaver expressed appreciation to Eagle and White for the work they did in researching the matter.

“They have done their due diligence,” he said. “They (did) their homework.”

kcruz@hcnews.com | 817-573-7066, ext. 258