District considers Electro Purification permit withdrawn
According to the Barton Springs Edwards Aquifer Groundwater Conservation District general manager, the application filed by Electro Purification in July of 2017 has been withdrawn by the applicant and returned by the district. The only issue is Electro Purification doesn’t agree that it has withdrawn the application.
A letter from BSEACD General Manager Vanessa Escobar on March 9 stated that she considered the application withdrawn after Electro Purification had the trail-like hearing hosted by the State Office of Administrative Hearings dismissed.
“EP’s February 4, 2021 nonsuit, dismissal, and remand in SOAH… is considered by the General Manager as a withdrawal of the Application,” the letter said. “EP is no longer prosecuting its Application with SOAH and there is no further action that the GM can take in connection with the remand. As a result, the Application is being returned.”
Electro Purification’s attorney Ed McCarthy returned fire two days later.
“At this juncture, however, please be advised that Electro Purification disagrees with your assessment of the status of its Application, and your authority to unilaterally dismiss EP’s Application based on your assumption that EP is no longer ‘prosecuting’ its Application… (Y)ou have misinterpreted the SOAH ALJ’s Order… and its effect.”
McCarthy also stated that he had not yet consulted with Electro Purification on the topic and that he would “obtain guidance on filing a formal response” after doing so.
Both the BSEACD and EP, as well as multiple other property owners and stakeholders like Hays County, St. Stephen’s Episcopal Church and the Trinity Edwards Spring Protection Association (TESPA), were a part of a hearing at SOAH that, if concluded, would have completed the permit process for EP. The previous general manager of BSEACD, John Dupnik, had recommended a phased permit in 2018 that would allow Electro Purification to pump up to 2.5 million gallons of water per day from the Trinity Aquifer near the Rolling Oaks subdivision. Special conditions would have to be met to increase the permit every half million gallons per day.
In late 2020, BSEACD’s current general manager, Escobar, issued a new recommendation that would only allow a permit to pump 250,000 gallons per day with the possibility of that increasing to half a million gallons per day. EP subsequently requested the nonsuit dismissal of the SOAH hearing, which was granted.
TESPA issued a statement ‘in firm agreement” with Escobar’s decision.
“We are so grateful for the actions from the management at the Barton Springs District which ultimately led to EP’s withdrawal from the contested case and the return of EP’s permit,” TESPA Executive Director Patrick Cox said. “But it’s not over until it’s over... Of course, our hope and solid recommendation is for EP to acknowledge that the Trinity Aquifer in Hays County is not a good place for a water marketer.”
“EP’s February 4, 2021 nonsuit, dismissal, and remand in SOAH… is considered by the General Manager as a withdrawal of the Application. EP is no longer prosecuting its Application with SOAH and there is no further action that the GM can take in connection with the remand. As a result, the Application is being returned.”
Vanessa Escobar, BSEACD General Manager