Lawmakers attempt to halt controversial water project

Residents near Wimberley, a small town in Hill Country, have been fighting a deal that plans to eventually send millions of gallons of water a day from the area to meet the demands of growing Austin suburbs.

Electro Purification leased water rights in a sliver of land unregulated by local groundwater conservation districts. Since the project is outside any district’s jurisdiction, it’s subject to the state’s “rule of capture” law, which gives water rights holders unfettered access to take the water below surface — regardless of the effect on other neighboring wells.

Residents say the company exploited a regulatory loophole for a project that would drain their aquifer–both claims the company vehemently rejects–and in packed town hall meetings have called on lawmakers to remedy the situation.

Thursday, just a day before the Legislature’s filing deadline, Rep. Jason Isaac, R-Dripping Springs, and Sen. Donna Campbell, R-New Braunfels, introduced legislation that would bar Goforth Special Utility District–a water supplier that contracted with Electro Purification–from obtaining pipeline easements outside of their district.

Electro Purification intended to use Goforth’s eminent domain power to deliver water to fulfill contracts it signed with Goforth, the city of Buda and a housing development company.

If approved, the legislation would prevent part of the construction of that pipeline and render it unable to reach its intended delivery points.