As western Hays County citizens await the outcome of Senate Bill 1253, the buzz surrounding what the bill will do and will not do has intensified. The bill, which passed both the House and the Senate, moved to Governor Abbott’s desk last week. Abbott has 20 days from the June 2 adjournment of the legislature to sign the bill, veto it or simply allow it to become law without his signature.
To clarify what the passage of SB 1253 means for the Hays Trinity Groundwater Conservation District, the HTGCD Board of Directors issued a resolution on June 5 reaffirming the benefits while attempting to squash any misinformation that may have crept into the public discussion.
Charlie Flatten, General Manager, Hays Trinity Groundwater Conservation District wrote, “The Resolution reaffirms the district will not impose a tax; meter domestic, livestock, or agriculture wells; hold director elections outside of the November election cycle, pay directors for their time on the Board, or prohibit bulk water sales from permittees who are in permit compliance.”
RESOLUTION NO. 20250605
The specific language of the resolution states that the HTGCD “has as its purpose the conservation, preservation, and protection of the Trinity Aquifer in western Hays County.” It also has the “legal obligation to uphold the provisions of Chapter 36 of the Texas Water Code.” The resolution goes on to state that the board of directors of the Hays Trinity Groundwater Conservation District:
• will not create any tax on permittees, exempt well owners, or residents within its district boundaries;
• will not require meters or groundwater production fees on any domestic or livestock wells;
• will not approve an annual budget without public input and a public hearing;
• will not prohibit a permittee that is complying with the requirements of their permits, the district’s rules, and chapter 36 TWC from making bulk water sales;
• will not enter private property to inspect a well without following the specific procedures required by statute to do so, including advanced notification and showing proper credentials; • will not hold director elections outside of the standard november election dates, as required by the texas elections code; and
• cannot and will not compensate directors for their service.
State Representative Carrie Isaac responds to HTGCD resolution In response to the resolution, Representative Carrie Isaac, commented with her own statement, seen below.
“The Hays Trinity Groundwater Conservation District recently passed a resolution outlining what they claim they will not do: impose new taxes, meter private wells, enter property without consent, or limit legal water access. But Texans deserve more than posturing— they deserve honesty and accountability.
What HTGCD fails to mention in their resolution is that they hired a lobbyist to push legislation— Senate Bill 2660—that would have done exactly what they now claim they will not do. Their bill, carried without the knowledge or support of their State Representative or Senator, was a blatant attempt to expand their authority, increase fees, remove property owner protections, and weaken financial safeguards.
Among other things, the legislation would have:
• Authorized new groundwater production fees—what many families would rightly consider a tax.
• Repealed legal protections that currently shield domestic and agricultural wells from metering, permitting, and surprise inspections.
• Removed public accountability measures from district finances.
• Enabled off-cycle elections that limit transparency and voter participation.
After I successfully stopped SB 2660 from advancing, HTGCD and their allies in Austin didn’t stop. Instead, a non-germane amendment containing provisions from SB 2660 was quietly slipped into an unrelated bill on third reading in the Texas House. This amendment created a new tax solely within the boundaries of a special purpose district that I represent in House District 73.
The amendment was never debated, never explained clearly on the House floor, and neither the House, nor I, nor the affected water supply corporations had any idea what it contained until after the fact.
The amendment will: Impose massive new groundwater production fees, far above current statutory caps, with automatic 5% annual increases in perpetuity.
• Authorize a “connection fee” of up to $1,000 per water meter— effectively an unconstitutional tax due to lack of required public notice.
• Allow metering of previously exempt private wells, including those used for homes and agriculture.
• Permit HTGCD staff to enter private property without landowner consent.
• Repeal protections for hundreds of domestic wells, violating longheld property rights.
This amendment is a direct attack on private property rights, local control, and the rule of law. These sweeping powers and fees were never requested by the people of Hays County. They were introduced at the last minute by a member from Fort Worth with no ties to our community. It violates the spirit of transparency and disrespects the integrity of the legislative process.
To make matters worse, since October 2022, HTGCD has imposed an illegal moratorium on granting new or amended permits. That moratorium has no set end date. It’s tied to fluctuating surface water flow levels in the Blanco and Pedernales Rivers—metrics that have no verified scientific connection to the aquifers underneath western Hays County.
If the Governor signs this bill into law, hundreds of homeowners will be left without a water source, unless they risk producing water from now non-exempt wells and face fines of up to $10,000 per day.
HTGCD did not consult with me, the duly elected State Representative for House District 73, or with our Senator. Instead, they chose to work around us—and around the public—to advance legislation that will harm landowners, well owners, and water providers across our community.
Their recent resolution reads more like damage control than a sincere commitment. If they truly never intended to meter private wells, impose new fees, or bypass public input, then why did they lobby for a bill that gave them exactly that authority?
Texans see through this kind of double-talk. Trust is earned through transparency, not after- the-fact resolutions in response to public backlash.
I appreciate that HTGCD has now aligned with me in opposing both Senate Bill 2660 and the amendment added to Senate Bill 1253. Their recently adopted resolution explicitly rejects the core provisions contained in both measures, reinforcing the very concerns I have raised on behalf of my constituents.
I will continue standing up for our property rights, for water access, and for the kind of local control that is accountable to the people—not just convenient when it’s politically expedient.”
HTGCD explains Flatten, HTGCD’s General Manager, in correspondence earlier in the week explaining the evolution of HB 2660 said, “I believe that much of the confusion on the District’s legislation this session is related to a misunderstanding on how bills are written and what they can do.”
“The original bill SB-2660 went through several changes and included several repealers. Those repealers included the repeal of some sections of the District’s Enabling Statue Special District Local Laws Code – Chapter 8843.
Chapter 8843 was leaden with language that already appears in the State of Texas’ State Water Code (Chapter 36 TAC) and is duplicative. No one but the Code’s authors know why state law was reiterated in 8843. In any event whether or not state water law is reiterated in any district’s enabling legislation, that district must always follow state law.”
“Here is an analogy. State law prohibits running stop signs. There is nothing on your driver’s license that says anything about running stop signs because it is already in law and does not need to be reiterated. No matter, one must always stop at stop signs.”
“Repealers in the bill removed language from the District’s enabling code (8843), but that language remains in the State Water Code and the District may not EVER violate the State Water Code.
In other words, just because the bill removed a clause from 8843, the district cannot, and will not:
• Overrule state law
• Impose a tax
• Meter a domestic well
• Meter a livestock well
• Meter an agricultural well
• Hold an election at anytime outside of election season
• Hide the budgetary process from the public
• Prohibit bulk water sales by permittees in good standing The fact of the matter is, the bill:
• Provides western Hays County groundwater users the same level of management and protection of the Trinity Aquifer as those already given to their neighbors on the eastern half of Hays County.
• Provides a small production fee that will allow the district sustainable, long-term funding and may cost the average household without a well about $3-$4 per month. It will raise the cost of a standard 2000-gallon truck load of groundwater by sixty cents.
• Provides a connection fee reduction for builders that incorporate conservation methods into their new buildings.
• Continues to protect the community against large volume industrial water wells.”
