Water Rights Permit Sought by RR 417
TCEQ Water Rights Permit #13631
TCEQ has issued a draft Water Rights Permit in Tarpley. The complete application is available for viewing in the Bandera Public Library, and the 5-page draft permit is attached for your review.
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Water Rights Permit 13631 is a different TCEQ permit – a permit to pump groundwater into the camp’s two recreational lakes – an old 7 acre foot lake and the new 22 acre foot downstream lake they built in 2017. The permit asks to use groundwater to fill the lakes, and maintain them at full capacity; they include an additional 25% over and above lake capacity and state this extra groundwater will be of groundwater to be used to irrigate playing fields for the camps.
We have completed the written public comment period, and have been granted approval for a public meeting which would allow for greater public input. The public meeting has yet to be scheduled. If the permit is approved as written, it will significantly impact our creeks, our wells, and the reliability of our aquifer in drought. At least 4 issues in this proposed permit deserve our voice:
1. This Water Right Permit (WR PERM 13631) would allow the summer camp to waste groundwater. Pumping groundwater into an impoundment wastes water. Water stored in a lake is subject to unintentional losses -- seepage into the ground and evaporation into the air. For these reasons, the Bandera County River Authority and Groundwater District rules do not permit wells that propose to pump groundwater to surface impoundments. The Camp has applied for a ‘Bed and Banks’ Water Rights Permit from TCEQ to try and get around our District’s local rules. Is a recreational lake a worthy cause? We respect the right of all property owners to use groundwater as they please, but impoundments waste water (as defined in Texas Water Code Chapter 36). The size of the lakes, and the amount of water required to fill them, was determined by how big the applicant (RR 417, owned by Sam Torn who owns Camp Ozark in Arkansas) built the lakes. The draft permit states these lakes are to remain full at all times using a float that will automatically trigger groundwater addition to the lakes. The draft permit is for enough groundwater -- 125% of the capacity of the two lakes-- to ensure RR 417’s goal of maintaining full lakes will be met.
2.Under the proposed Water Rights Permit #13631 the operators of the summer camp would not be required to abide by the existing rules that all other impoundments in Bandera County have to follow for drought management. Why would the operators of the camp receive special treatment? If this Water Rights Permit is approved, groundwater pumping into RR 417’s impoundments will be not be restricted in times of severe or extreme drought. Pumping will only be restricted if the Bandera County River Authority and Groundwater District declares the highest level of drought – level 5, EXCEPTIONAL DROUGHT. How can this be? Because Water Rights Permit #13631 proposes 10 acre feet/year of groundwater pumping for non-domestic irrigation, an agricultural use that is classified as essential. In times of severe and extreme drought, RR 417 would be permitted to maintain the recreational lakes full, under the guise of ‘agricultural use’ – storing ‘irrigation’ water in the lakes for later use. We want reasonable restrictions in groundwater pumping during drought to be applied fairly to all permitted wells in Bandera County. The current drought rules, if applied to a water rights permit asking for only recreational lakes, would require groundwater pumping into the impoundment to cease when drought state level 3 (severe drought) was declared. By including 10 acre feet/year of water for non-domestic irrigation, RR 417 is trying to bypass reasonable restrictions on groundwater pumping into recreational lakes during drought.
3.Water Rights Permit # 13631 requests 10 acre feet of groundwater for irrigation purposes, but does not define where this irrigation will be applied. Remember that RR 417 has also applied for a direct pollutant discharge of wastewater into Commissioner’s Creek, and stated that they will reuse at least 75% of their wastewater for land irrigation per their pending TPDES Wastewater Permit WQ 0015713001 which requires them to apply for a 210 reuse authorization. Why should RR 417 need a water rights permit to store groundwater for irrigation in an impoundment – a request that allows them to bypass drought restrictions other landowners are required to follow? Why not simply use groundwater directly for irrigation – a use that does not require a Water Rights permit but only requires the well permit they have already been granted? Is this request simply a guise to have enough water rights to keep their lakes full at all times during summer camp? If a Water Rights permit is requested, then RR 417 should identify where the acreage is located that requires irrigation by the impounded water and how these acres are separate from the acres planned to receive irrigation from their 210 reuse wastewater application.
It is time for ACTION!
YOUR DONATION TO OUR CAUSE WILL HELP US BUILD THE LEGAL ARGUMENTS NEEDED TO IMPROVE THIS PERMIT.
.
TCEQ Water Rights Permit #13631
TCEQ has issued a draft Water Rights Permit in Tarpley. The complete application is available for viewing in the Bandera Public Library, and the 5-page draft permit is attached for your review.
.
Water Rights Permit 13631 is a different TCEQ permit – a permit to pump groundwater into the camp’s two recreational lakes – an old 7 acre foot lake and the new 22 acre foot downstream lake they built in 2017. The permit asks to use groundwater to fill the lakes, and maintain them at full capacity; they include an additional 25% over and above lake capacity and state this extra groundwater will be of groundwater to be used to irrigate playing fields for the camps.
We have completed the written public comment period, and have been granted approval for a public meeting which would allow for greater public input. The public meeting has yet to be scheduled. If the permit is approved as written, it will significantly impact our creeks, our wells, and the reliability of our aquifer in drought. At least 4 issues in this proposed permit deserve our voice:
1. This Water Right Permit (WR PERM 13631) would allow the summer camp to waste groundwater. Pumping groundwater into an impoundment wastes water. Water stored in a lake is subject to unintentional losses -- seepage into the ground and evaporation into the air. For these reasons, the Bandera County River Authority and Groundwater District rules do not permit wells that propose to pump groundwater to surface impoundments. The Camp has applied for a ‘Bed and Banks’ Water Rights Permit from TCEQ to try and get around our District’s local rules. Is a recreational lake a worthy cause? We respect the right of all property owners to use groundwater as they please, but impoundments waste water (as defined in Texas Water Code Chapter 36). The size of the lakes, and the amount of water required to fill them, was determined by how big the applicant (RR 417, owned by Sam Torn who owns Camp Ozark in Arkansas) built the lakes. The draft permit states these lakes are to remain full at all times using a float that will automatically trigger groundwater addition to the lakes. The draft permit is for enough groundwater -- 125% of the capacity of the two lakes-- to ensure RR 417’s goal of maintaining full lakes will be met.
2.Under the proposed Water Rights Permit #13631 the operators of the summer camp would not be required to abide by the existing rules that all other impoundments in Bandera County have to follow for drought management. Why would the operators of the camp receive special treatment? If this Water Rights Permit is approved, groundwater pumping into RR 417’s impoundments will be not be restricted in times of severe or extreme drought. Pumping will only be restricted if the Bandera County River Authority and Groundwater District declares the highest level of drought – level 5, EXCEPTIONAL DROUGHT. How can this be? Because Water Rights Permit #13631 proposes 10 acre feet/year of groundwater pumping for non-domestic irrigation, an agricultural use that is classified as essential. In times of severe and extreme drought, RR 417 would be permitted to maintain the recreational lakes full, under the guise of ‘agricultural use’ – storing ‘irrigation’ water in the lakes for later use. We want reasonable restrictions in groundwater pumping during drought to be applied fairly to all permitted wells in Bandera County. The current drought rules, if applied to a water rights permit asking for only recreational lakes, would require groundwater pumping into the impoundment to cease when drought state level 3 (severe drought) was declared. By including 10 acre feet/year of water for non-domestic irrigation, RR 417 is trying to bypass reasonable restrictions on groundwater pumping into recreational lakes during drought.
3.Water Rights Permit # 13631 requests 10 acre feet of groundwater for irrigation purposes, but does not define where this irrigation will be applied. Remember that RR 417 has also applied for a direct pollutant discharge of wastewater into Commissioner’s Creek, and stated that they will reuse at least 75% of their wastewater for land irrigation per their pending TPDES Wastewater Permit WQ 0015713001 which requires them to apply for a 210 reuse authorization. Why should RR 417 need a water rights permit to store groundwater for irrigation in an impoundment – a request that allows them to bypass drought restrictions other landowners are required to follow? Why not simply use groundwater directly for irrigation – a use that does not require a Water Rights permit but only requires the well permit they have already been granted? Is this request simply a guise to have enough water rights to keep their lakes full at all times during summer camp? If a Water Rights permit is requested, then RR 417 should identify where the acreage is located that requires irrigation by the impounded water and how these acres are separate from the acres planned to receive irrigation from their 210 reuse wastewater application.
- Water Rights Permit # 13631 would not allow state waters from the upstream headwater springs to be used in the recreational lakes, but does not define how this State Water will be managed. How exactly will this State Water be returned to its rightful place in Commissioner’s Creek , and who will be responsible for oversight? The flow of Commissioner’s Creek needs to be restored and protected. We want spring water, water free of contaminants, to be returned to the creek. Our creeks are a source of joy, recreation for us as well as for wildlife/livestock/aquatic life who sustain themselves in our creeks. These State Waters belong to the people of Texas, and should be protected, and managed responsibly.
It is time for ACTION!
YOUR DONATION TO OUR CAUSE WILL HELP US BUILD THE LEGAL ARGUMENTS NEEDED TO IMPROVE THIS PERMIT.
.
