Why property taxes are too high for the average taxpayer

From a fatalist perspective, one would assume that the electorate in Texas enjoys being abused by unfair taxation, since it keeps electing the same lackeys for the rich and powerful

Note: Here's something to chew on while our Legislature's in session, making deep cuts in the state budget, putting even more pressure on local taxing entities and hard pressed low and middle income taxpayers to pick up the pieces. Reports are that drastic cuts in public education will be shorting local school districts many millions of dollars. Our county, school districts and cities are assessing the damage. Over the spring and summer, they will be reviewing their next year budgets. There's a high probability that some or all of the new budgets will come with . . . another round of property tax increases. If you think you've had enough, now's a good time to give your elected representatives a piece of your mind.

Send your comments and news tips to roundup.editor@gmail.com, to Mr. Moden at mlmoden@gmail.com, to State Rep. Jason Isaac at Jason.Isaac@house.state.tx.us (512- 463-0647), State Sen. Jeff Wentworth at jeff.wentworth@senate.state.tx.us (512-463-0125) or click on the "comments" button at the bottom of the story

By Merle Moden

Ad valorem taxes – property taxes – are a major source of funding for Texas school districts, cities and counties. The burden of this tax has been increasing in recent years as a result of steadily increasing appraisals and stagnating incomes.

The ad valorem tax as contemplated in the Texas Constitution is a tax on wealth. Prior to the age of computers, Texans were required to render their property for taxation each year. The tax base, i.e., those things being taxed, as specified and required in Article 8, Sec. 1(b) of the Texas Constitution is composed of: (a) real property - land and buildings (appraisal districts refer to buildings as improvements to land); and, (b) tangible personal property (livestock, wagons, cars, trucks, motorcycles, boats, etc.). Household goods not held or used for the production of income are exempt under Article 8, Sec. 1(d) among other exemptions. Article 8, Sec. 1(c) of the Texas Constitution grants the Legislature the authority to include in the tax base intangible personal property (bank deposits, savings deposits, mutual funds, stocks, bonds, etc.).

Texas Legislatures through the years have whittled down the tax base primarily to real property and personal property for businesses. For individuals, the ad valorem tax is levied primarily on the necessity to live somewhere – not wealth as originally contemplated. Now, we tax a $20,000 lot in a subdivision, but we don’t tax an $80,000 car, a $250,000 boat or a $500,000 stock portfolio.

Why are investments in land and buildings included in the tax base when investments in cars, boats, and stocks are not? The answer is amazingly simple. Wealthy individuals have most of the wealth in this country; expanding the tax base to include these items would subject them to higher taxation; and they choose not be taxed. How is that possible? The answer again is amazingly simple. Texas Legislatures do the bidding of the rich and powerful, as they have done these last many decades.

From a fatalist perspective, one would assume that the electorate in Texas enjoys being abused by unfair taxation, since it keeps electing the same lackeys for the rich and powerful. Inclusion in the tax base of tangible personal property with reasonable exemptions for cars plus the inclusion of intangible personal property with reasonable exemptions for small savings and investment accounts would significantly expand the tax base. Such expansion would lower the tax rates and shift more of the burden for ad valorem taxation up the wealth scale.

The next time that you have a chat with your State Representative or your State Senator ask him/her why we tax $20,000 lots in a subdivision, but not $250,000 boats or $500,000 stock portfolios. After all, they are all just assets. Why discriminate?

Merle L. Moden is a retired economist. He and his wife, Joy, moved to the Wimberley area from Austin in 1997. He served on the Austin Electric Utility Commission for several years, chaired a citizen’s committee on City of Austin Water and Wastewater cost of service, served on the Travis Central Appraisal District Board of Review, and was president of two neighborhood associations in Austin.

This is not why you people were voted into office

Apparently, there are some hidden agendas and NOT the open government you had promised

Send your comments and news tips to roundup.editor@gmail.com, to Mr. Stern at pstern@austin.rr.com or click on the "comments" button at the bottom of the story.

Click on this link to email your county judge and commissioners

Letter to the Editor:

Dear Judge Cobb and Commissioners Ingalsbe, Conley, Whisenant and Jones,

We have supported each of you in your campaigns this past and in previous elections (even those of you who are not in our district elections). We supported you folks because you promised open local government and a more conservative fiscal policy than your predecessors maintained. After the last Commissioner's Meeting, I find that these must have been just words that you spoke since your actions proved otherwise.

I was against the extravagant road bond package that was approved by the past group of Commissioners, two of which still remain on board. I lobbied with many residents against the first bill, which was defeated, and then lobbied against the second, which unfortunately was approved by the voters by a narrow margin. It was a poor decision, especially in these dire economic times. But, that was then and this is now.

To say we are angered and disappointed with you current commissioners for your recent actions may be an understatement. Apparently, there are some hidden agendas and NOT the open government you had promised. With more Hays County Residents unemployed and/or hurting financially than ever before, how do you commissioners justify your actions to throw more money away on a questionable Precinct 2 building project? This is NOT fiscal conservation, is it? This is NOT why you people were voted in office. Basically, you broke your word.

Hays County Commissioners made a promise to cut spending and we voters expect you to keep your promise. That means no salary increases and no large non-vital expenditures until the economy softens, which is NOT in the foreseeable future.

So, we and our Hays neighbors ask that you cease the building project and to rein-in expenditures across the board. Permit only emergency or vital expenditures and maintain open communication with your constituents. By the way, communication goes 2 ways and NOT just from commissioners to the residents. You also need to listen to and hear your constituents – even if only a handful appear at meetings. Not everyone is able to attend meetings and other avenues must be opened to communicate with additional residents.

The bottom-line is that Commissioners Ingalsbe and Conley had promised to do this in the past and you new folks promised the voters prior to this last election. Please keep your promises and stop wasteful spending.

Thank you.

Respectfully yours,

Peter & Dolores Stern

Driftwood, TX

Activists, landowners to gather in Bastrop for 'Water War' conference March 19

How can rural and urban communities unite, in the political climate we currently face under one-party rule and the pay-to-play politics of the Perry administration?

Note: We hope many folks from Hays County can attend this seminal water conference. The more who are informed the better. Just as an aside, here's an interesting website belonging to Republicans for Environmental Protection. REP was founded in 1995 as a grassroots movement dedicated "to restoring the Republican Party's great conservation tradition." See its Texas Chapter Page here. It says, "Texas, unfortunately, has environmental problems that match its size. Air quality in the major cities is frequently unhealthy. Many of our rivers and coastal waters have been degraded by pollution. Growth is putting pressure on water resources such as the famed Edwards Aquifer." Maybe someone from the Texas group will lend a hand at the conference in Bastrop.

Media Release from IndyTexans
March 11, 2011

Willie Nelson won't be there, so far as anyone knows, but the hippies and the rednecks will. The stage is getting set for a show in Bastrop County bringing together rural and urban citizens, similar to the coalition that killed the Trans-Texas Corridor, from throughout central Texas on Saturday, March 19th, to the "Texas Water War: Is there a solution and who decides?" Conference.

It is an all day event being held at McKinney Roughs Nature Trail, just 25 miles east of Austin off Highway 71.

Local ranching and environmental activists have begun calling Bastrop a "crime scene." It is one of several regions where the Texas Water Development Board has lined up with private water vendors and special interests who want to conduct "water grabs," they also liken to the land grab behind the Trans-Texas Corridor.

Water activists, landowners and small farmers and ranchers from across central Texas, where water wars are heating up, are coming together at this event to craft a joint action plan to stop the "Trans-Texas Water Highway" plans of the state bureaucracy under Rick Perry's tutelage.

What's behind the curtains will be revealed at this conference such as answers to these questions: What is driving Texas to become the fastest growing state in the country, with 1000 people moving here per day? Who is paying for this growth? Is there enough water to go around? What is the impetus for the plans that are driving the mismanagement of critical resources, like groundwater in Texas? Who are the people who are doing this? What can ordinary citizens do to prepare for a growing water war in Texas, to protect local agriculture and quality of life in rural areas, and safe affordable drinking water in cities? How can rural and urban communities unite, in the political climate we currently face under one-party rule and the pay-to-play politics of the Perry administration?

Lea Silvernail, a Bastrop single-mother of two, who has been volunteering long hours to put the Water War event on said, "I've been on the phone with folks across the state – from the hippies to the rednecks, Republicans, Democrats and independents of all sorts. They're all saying the same thing – we all drink the same water. We cannot afford to let government or the political parties screw this up. We're going to fight side-by-side on this one because our very lives depend on it."

The conference is sponsored by Environmental Stewardship, Independent Texans, the Lone Star Chapter of the Sierra Club, Neighbors for Neighbors and the Texas Drought Project. Speakers include: Linda and David Stall of CorridorWatch.org, Larry Joe Doherty, wildlife advocate and judge from Washington County, David Baker, leader of efforts to protect the famed Jacob's well natural spring in Wimberley, Bill Bunch of Save Our Springs Alliance in Austin, Brian Rodgers of ChangeAustin.org and several groundwater district officials.

More information can be found here: IndyTexans.org/itblog or by calling 512-535-0989.

This event is free, but reservations are required due to limited seating. Contact Lea Silvernail at silvernaillea@yahoo.com or call 512-535-0989.

Linda Curtis
Independent Texans
IndyTexans.org
512-535-0989 office
512-657-2089 cell

Dripping Water directors resign before recall meeting is called to order

As the process unfolded, it became evident that there were three vacancies to be filled, and there were three candidates who were running to replace the directors

Note: We received this field report from an observer who attended Thursday night's much anticipated board meeting of the Dripping Springs Water Supply Corporation. Thanks to the citizen journalists and letter writers who have chimed in on this important story, and especially to RoundUp Contributing Editor Charles O'Dell who has written several in-depth articles leading up to last night's meeting, and without which many of the water supply's 1,400 customers and members may never have been informed of the internal turmoil that was occurring. O'Dell was unable to attend the meeting.

Send your comments to roundup.editor@gmail.com, to Mr. O'Dell at codell@austin.rr.com or click on the "comments" button at the bottom of the story

Special to the RoundUp

A surprise awaited everyone who attended the Director Recall meeting in Dripping Springs at the First Baptist Church. The meeting was a recall election to determine whether Director Steve Harris and Director Larry Brewer would be removed from office and then replaced in a special election afterward.

DSWSC President Steve Harris (left) and Directors Larry Brewer and Gilbert Wolf resigned a short time before the meeting

The meeting set a record for attendance with an official count of 101 persons attending, however, not all attending signed in for membership records. It was rumored that the Proxy count was also a record, though no official count was given. However, it was rumored that the supporters of the recall petition had a sizable advantage in the proxies submitted.

The Church fellowship hall had all seats filled and people were standing on the sides. The largest crowd prior to this had been about 45 people. The meeting began with an invocation and then it was announced that three directors had submitted their resignations. Director/ President, Steve Harris, Director Larry Brewer, and Director/ Secretary Treasurer, Gilbert Wolf had all resigned.

The resignations caused significant changes in the topics to be covered by the meeting. Corporation Attorney Phil Hagg explained to the membership that since the Directors had resigned, there would not be a recall vote as that had become a mute point. Further, there would not be an election to name new officers, as the bylaws require that officers lost by resignation had to be replaced by appointment by the remaining directors. Directors Travis Garnett and Jim Walden were the only members of the board that remained.

The crowd was tense and asked spirited questions of the attorney until the crowd was satisfied that the process was the correct legal process. However, there was still concern among the members as to who would be appointed. As the process unfolded, it became evident that there were three vacancies to be filled, and there were three candidates who were running to replace the directors. The crowd quickly caught on that all three candidates were going to be appointed by the remaining board members to fill the three vacancies. Therefore, there really was no need for an election anyway.

The members asked that the candidates speak about their qualifications and experience. The new board, showing it’s flexibility and sensitivity to the member’s desires, allowed the candidates to address the members.

Ms. Margaret Foster spoke first, and she explained her background as a CPA and corporate owner and her experience in other board positions. Mr. Greg Perrin spoke next, and told of his leadership on another water irrigation district and other community services. Finally, Mr. Ron Kelly spoke of his experience as HOA board president, FBI agent and head of security services for a major national company. The candidates all had very impressive credentials and the crowd became increasingly favorable to the process.

Director Travis Garnett, a Hays County native
(born 1926), received a standing ovation

Director Walden moved to nominate these three candidates for the three vacant director positions. Then both he and Mr. Garnett voted to add them to the board. With the new directors at the table, the board then elected officers: Mr. Kelly as President, Ms Foster as Sec/Treasurer, with Mr. Garnett remaining as Vice President. Mr. Garnett then began a speech concerning community service and the men who had “made” Dripping Springs what it is today.

One member began to disrupt his speech demanding to know why he was rambling on about this. The crowd reacted quickly and this dissent was silenced when the new President stated that “out of respect for Mr. Garnett’s 30 years of service, he would be allowed to continue to speak.”

At the end of his speech, Mr. Garnett was rewarded with a standing ovation. The meeting then adjourned with the crowd generally pleased with the results and the feeling that the ordeal at the Water Supply Company had come to an end. The crowd generally seemed to feel that the new board members would be able to straighten out the situation.

Commissioners Court: The $4 million Precinct 2 office building deception

Tuesday's “parade of compelling witnesses” in court was simply prelude to a predetermined 5-0 vote on yet another unnecessary construction project that the citizens of the county will be paying on for 20 years

Editor's note: It's beginning to look like the new crop on the Hays County Commissioners Court do not know the difference between "conservative" county government reform and refried beans. If fiscal austerity is what County Judge Bert Cobb and Commissioners Ray Whisenant and Mark Jones campaigned on, then fiscal austerity is what they should deliver.

The proposed Precinct 2 office complex is a product of the old court. That should not give it a free pass from the new court. We understand the county is in a bind since the City of Kyle has requested the county to vacate office space owned by the city. The engineer says there is no appropriate alternative office space available for the county to lease, so it appears commissioners are buying the recommendation that the only option is construction of a costly brand new building to be located in the Plum Creek Development in Kyle.

Not long ago the county announced the opening of new space at the transportation department building off Yarrington Road, a couple of miles down I-35 from Plum Creek. The place is next door to Kyle and a short hop from Buda. Why not utilize the current space, or possibly expand it, to fit Pct. 2 county offices and save the taxpayers some money?

From a February 2011 county press release: "Two Hays County offices are relocating this week to a new building at 2171 Yarrington Road in San Marcos, next to the County’s Transportation Department. Customers can now find the Development Services Department (formerly environmental services) and the Fire Marshal’s Office in a nearly 14,000-square-foot building that was authorized by the Commissioners Court in the summer of 2010 to help the County consolidate office space, ease crowding in some offices and better serve the public doing business with the County."

Hats off to Sam Brannon for keeping the county's fiscal issues front and center with the citizens.

Send your comments and questions to roundup.editor@gmail.com, to Mr. Brannon at sam_brannon@hotmail.com, to Judge Cobb at bert.cobb@co.hays.tx.us, to Pct. 2 Commissioner Mark Jones at mark.jones@co.hays.tx.us, to Pct. 4 Commissioner Whisenant at ray.whisenant@co.hays.tx.us or click on the "comments" button at the bottom of the story

Open Letter to Hays County Commissioners Court

Judge Cobb, and Commissioners Jones, Ingalsbe, Conley and Whisenant:

I was very disappointed in this week’s Commissioners Court meeting.

To begin, I can hardly believe that Judge Cobb expressed aloud in court that the concerns of well informed Hays County taxpayers are of no interest to him. He said something along the lines of “There are 157,000 people in this county. We’re supposed to care what 60 people think?” My answer stands, “Absolutely.”

Most of the 157,000 are not aware that the county is facing $400 million in debt by the end of the year due to unrestrained spending. Given 1) that those of us who are aware are very concerned, and 2) the extent to which many Hays families are struggling, yes, you are supposed to care what 60 informed taxpayers think. Absolutely.

Campaigner Mark Jones
now Pct. 2 Commissioner

But instead, this court just slammed through a decision to move forward on a new $4 million-plus office building for Precinct 2 under a deceptive agenda description that stated there was no money to be committed. This deception appears to be very deliberate.

Judge Cobb made it very clear to everyone watching that a vote in favor of this item is a commitment to move forward to completion on the building project. He said that 2 or 3 times. I’m not interested in technical arguments on the legality of the deception – I’ll leave that for others to consider. I’m more concerned about the deception itself. This is the very same type of behavior Judge Cobb campaigned against.

Tuesday's “parade of compelling witnesses” in court was simply prelude to a predetermined 5-0 vote on yet another unnecessary construction project that the citizens of the county will be paying on for 20 years. Broaddus & Associates, the court's paid consultant advising the county on the 17,000 sq. ft building stands to profit handsomely from the development management contract while they would make little on a lease/renovation of available space in Precinct 2. Broaddus' conflict of interest is obvious, except perhaps to the court.

Both the court and Broaddus & Associates appear to have falsely testified, presumably under oath, that a lease-buy analysis had been performed. I requested a copy of it. On the break shortly after the vote moving the project forward, a Broaddus representative told me in front of Commissioner Jones that a lease-buy analysis had not been performed after all.

This is terrible behavior.

I and 62 other Hays County residents call for full-on Public Hearings on the financial health of the county. We want them to take place in each precinct before April 15th. We have valid questions, and we want them to be answered directly. We have reasonable requests, and we want them to be acted upon. We expect you to act in the interests of those who are footing the bill on the checks you cash each month, rather than the special interests promoting this spending.

I and 60 other Hays County residents expect you to stop the Precinct 2 building project now, before any other money is spent or contracts signed. Until Public Hearings are completed, we expect you to stop any other capital project that has not yet gone into construction, and to stop all right-of-way purchases.

We expect these items to be put on the agenda for discussion at the next Commissioners Court meeting on March 22nd. The people will ultimately hold the entire court accountable for what is going on. We expect you to fully engage in a public discussion. No stalls, no spin.

I and most of Hays County are looking forward to more honest, accountable and responsive government from this court, and I’m pretty sure we’ll see it. Until we do, you can count on me and a growing number of others to continue to bear witness to what we see. I suspect these next few weeks will tell us a lot.

Best – Sam

Is Glenn Beck raising your gasoline prices?

For you many independents and fiscal conservatives with hopelessly short memories, it was lack of rules and lack of enforcement that allowed the price of oil to rise to nearly $150 a barrel in 2008, with gasoline at the pump over $4 a gallon

Send your comments and news tips to roundup.editor@gmail.com, to Mr. Boschert at arrowbiz@texasorp.com, to Mr. Beck at me@glennbeck.com, to President Obama at http://www.whitehouse.gov/contact or click on the "comments" button at the bottom of the story

By Rocky Boschert
Financial Editor

OK, so it’s not all Armageddon expert Glenn Beck’s fault that you’re paying $3.40 or $3.70 or even $4.00 a gallon at the pump. But his fear-based take on democracy movements in the Middle East gives weird cover to the speculative traders who jack up oil and gasoline prices without a trace of a supply and demand reason.

The speculators are happy to repeat baseless predictions by Beck that the Suez Canal could be taken over by Iran or that Libyan oilfields are endangered (even though the anti-al Gadhafi forces are working now to get them running as usual). Every dollar of fear-based speculation raises the take of the guys already in the oil futures market who profit from all of Beck’s apocalyptic chatter.

And there’s reason to think Beck knows exactly what he's doing. He both pushes and profits from the rising price of gold – which is as tight as a pea in a pod with the price of petroleum. Maybe that’s why Beck is considering leaving Fox. He is making too much money scaring his supplicants into pushing up gold prices – a commodity he should own given his tales of Muslim rape and pillage.

So Beck puts a “disinfotainment” face on during the speculation that is once again driving oil markets – even as Congress aims to cut, even eliminate, funding for the agency that enforces any regulation of the speculators. While the White House tries to bolster the Commodity Futures Trading Commission with at least the show of Democratic values, the new “tax is un-American” Congress and House Republican Majority Leader John Boehner are proposing cuts that would cripple, er, make sane again, speculative trader enforcement.

For you many independents and fiscal conservatives with hopelessly short memories, it was lack of rules and lack of enforcement that allowed the price of oil to rise to nearly $150 a barrel in 2008, with gasoline at the pump over $4 a gallon. As of the past Tuesday gasoline was at a record price for this time of year – at least $3.50 a gallon - in a week that is usually a low price point for gasoline.

But the Congressional free marketeers whose political campaigns are financed by Goldman Sachs, Exxon, and the Koch boys, et al. don’t see that as a problem. They’d rather get rid of the rules and let the economy fall as it may. Hey, wasn’t that the reason Barack Obama was voted in the last time? Well, “déjà vu all over again.”

And fall the economy will if this keeps up. Here’s a comment from a recent post in the Wall Street Journal on the effect of a highly possible return to $4.00 gasoline: Mark Zandi, chief economist at Moody’s economy.com, said U.S. consumers could handle prices of near $3.25 a gallon, but will get “severe indigestion if oil rises to $125 per barrel and regular unleaded is going for closer to $4 a gallon.

“Consumers will choke and the economy will enter a double-dip recession if oil surges to $150 a gallon or $4.50 a gallon for more than a few weeks. Nothing has a more pernicious impact on the economy than higher oil prices. They act very much like a tax increase, although the money goes mostly to big oil producers.”

Using Beck’s brilliant forecasting, are we headed for the end of the world? Well, using a culinary allegory, not for the rich who can easily afford high gasoline prices with their deliciously low tax rates served up by the Rich Persons’ Supper Club that now controls a majority of the governorships and the House – along with their band of anti-regulatory lobby sous chefs in Washington DC.

And let’s not forget the Head Maître'd, Compromiser-in-Chief Barack Obama, who is constantly conjuring up new political recipes to make himself more “tender” while serving the selective tastes of the country club members at the dinner party.

In the end, though, would they let Glenn Beck sit with them at the dinner party? Not a chance, unless he can provide the elite diners with many more low level American worker servants who will patriotically allow their wages, benefits and economic control to be barbecued American style.

On the other hand, what do I know? I was born in Hawaii 11 years before Barack Obama. And my father was a Missouri-born Caucasian. Does that still allow me to be an American citizen?

Forwarded by an alert reader, courtesy of the Houston Chronicle
and Chronicle editorial cartoonist Nick Anderson

HB 15, the "sonogram bill," passed the Texas House Monday March 7, was received by the Senate Tuesday and is now pending referral to committee.

Bills seek to give school districts more control

Texas State Senate News

(AUSTIN) — School districts would have more discretion regarding teacher employment, class size and state mandates under two measures considered Tuesday by the Senate Education Committee.

Shapiro confers with Finance Committee
Chair Steve Ogden of Bryan at Tuesday's
Education Committee hearing.

Committee Chair Senator Florence Shapiro of Plano said the current budget crisis means the state must find ways to reduce the financial burden on local districts. "Over the past several decades, the state has increased mandates on local education entities, and we're being told that these unfunded mandates are raising the cost of education," she said.

Shapiro's Senate Bill 3 would give districts increased discretion over teacher employment policies. It would allow districts to furlough teachers for seven non-instructional days each year. Districts could fire teachers that don't maintain certification standards, and would not be subject to minimum salary requirements for retired teachers that teach part-time.

The bill would also give flexibility regarding how schools use their limited resources. It removes the 10 to 1 student/teacher ratio required in remedial classes, removes regulations on test management standards, and extends the telecommunications discount provided to schools, scheduled to end next year, through 2014.

The second measure, SB 443 by Houston Senator Dan Patrick, would change class size requirements and give districts further discretion in employment practices. SB 443 would require that districts maintain a 21 to 1 average ratio across all classes, but would prohibit classes that exceed 24 students. Under his bill, districts could immediately fire teachers that are convicted of felonies immediately, avoiding, said Patrick, the lengthy and costly hearing process required to terminate a teacher.

Shapiro warned districts not to abuse the new freedom proposed under SB 3 and SB 443. "We need to give you back the local control, but I think it's very important to remember what we can do we can also undo," she said.

Both bills remain pending before the committee. The Senate reconvened today at 11 a.m.

Open San Marcos founder Steve Harvey dies; torch is passed to supporters

Even though dying, Steve’s thoughts and efforts were still focused on what we can do as an organization to ensure a government that is accountable to its citizens and whose actions demonstrate a willingness to govern on behalf of them, not special interest groups or for personal agendas

Send your comments and questions to roundup.editor@gmail.com, to Jane Hughson, the author of this letter, at janehughson@centurytel.net or click on the "comments" button at the bottom of this story

Open San Marcos website

Mr. Harvey's obituary published Feb. 22 in the American-Statesman.

To the Editor:

Steve Harvey
Larry Kolvoord/Statesman
As many of you know, Steve Harvey died on February 21st after battling cancer for many months. Open San Marcos was Steve’s brainchild and along with his wife, Debbie, Steve was the guiding force in its development. His enthusiasm and dedication to the concept of transparency in our city government was obvious to all.

Several weeks before his death, Steve asked Thea Dake, Charles Sims, John Thomaides and Jane Hughson to a meeting at his home. He wanted to know if we would serve as an “interim steering committee” for the organization after his death. Amazingly, even at this time, weak as he was, he maintained his conviction as to the importance of open San Marcos to our community and was concerned that it not lose its momentum because of his death. He expressed how much he hoped that the mission statement of Open San Marcos be implemented. He realized that his illness had already resulted in slowing down the progress that had been made at the start and was determined that his death not mean its demise.

This organization meant a great deal to Steve and Debbie. They devoted hours to it, despite the challenges they faced with his cancer. Even though dying, Steve’s thoughts and efforts were still focused on what we can do as an organization to ensure a government that is accountable to its citizens and whose actions demonstrate a willingness to govern on behalf of them, not special interest groups or for personal agendas.

We hope that you will all continue to lend your support and participation to Open San Marcos and make it become the strong and influential force that Steve felt it could be.

The next meeting of Open San Marcos will be March 30, 6:30 p.m. at the Price Seniors Center (222 W. San Antonio Street, San Marcos). It is vital that we have good attendance and continue to move forward as the Harveys would have done for better government and for a better San Marcos.

Sincerely,

Thea Dake, Jane Hughson, Charles Sims, and John Thomaides

Texas sonogram bill shows its true color

Guess it must be more fun to drool and salivate over a bill that will change absolutely nothing except to intimidate young women who are considering abortions

Note: Driftwood resident and columnist Peter Stern returns with a scathing appraisal of the Texas Legislature's "do-littles." State Rep. Jason Isaac of Hays County voted FOR HB 15, the sonogram bill, which passed the House Monday, March 7. Isaac is a co-author of the bill. The bill was received by the Senate on Tuesday.

Send your comments and news tips to roundup.editor@gmail.com, to Mr. Stern at pstern@austin.rr.com or click on the "comments" button at the bottom of the story

By Peter Stern
Guest Commentary

Okay, so we now see how quickly state legislators can move idiotic bills like the anti-abortion bill through the House and Senate. Now, we should query why the heck they can't do the same thing with the REAL and urgent issues.

Guess the real reason is that they just don't want to. Why else would our problems continue beyond a decade without any significant positive change. Back in high school during the 1960's we had a word for these types of "do-littles." We called useless people "hooples." It's not dirty name-calling, but it makes the point rather well, even now.

Guess it must be more fun to drool and salivate over a bill that will change absolutely nothing except to intimidate young women who are considering abortions. Abortions that in REALITY concern no one but themselves and their families.

However, our "hands-off Texas, Obama" legislators have absotively NO PROBLEM whatsoever to stick their collective irrational and special interest powered proboscises intrusively into the daily lives of the average woman and man, like a bull ravaging in a China shop.

And I say that if Texas legislators continue to play this double-edge sword, then Obama should come down to Texas and go for it. Him and his Washington "hoople" Democrats should come on down and screw with us the way our legislators are screwing with our personal lives.

Voters allow legislators to do so since these self-important, almost useless, bureaucrats get reelected again and again. So, c'mon Texas legislative "hooples," why don't you do something to really help us? In fact, what have you done for us lately???

Petition calls for investigation into Jacob's Well/Westridge land deal

Citizen requests for investigations are not that uncommon. In the last three years, and just in Central Texas, two County Judges, one County Attorney, and one City Attorney received complaints about members of a governing body

County Judge Bert Cobb/RoundUp

Editor's note: County Judge Bert Cobb is on record stating that the $1.7 million Jacob's Well/Westridge land deal was none of his doing – it all happened under the previous commissioners court. He even asked the previous court to delay it until the new court was seated. The old court nonetheless moved quickly to conclude the deal in December and authorized the court's special counsel and Assistant DA Mark Kennedy to sign the closing documents, bypassing then County Judge Liz Sumter. (Sumter refused to sign the paperwork, citing a lack of due diligence to ensure the County’s best interests were protected, and that it involved too much liability for the County.)

Cobb recently told the RoundUp, as the now sitting county judge, "it is not my venue" to call for an outside investigation. If not Cobb, then who? What are the odds that the Hays County DA's office would investigate a deal involving one of its own assistant DAs? Cobb's Chief of Staff Lon Shell, meanwhile, has spent considerable time reviewing the grant agreement and purchase contract. "We're sorting through it," Shell said recently. "Just because people are asking questions we want to have answers or at least try to find them. It is a confusing situation, that's our position."

Stories previously published in the RoundUp have revealed information that was not a part of the public discussion when this deal – with its many moving parts – was being negotiated and finally signed. Read these stories: County paid taxes in land purchase for Jacob's Well and Jacob's Well land deal may come with a million-dollar tax write off.

One of the parts still in motion, reportedly, is the county's interest in securing the rights to those 50-plus water taps and 6 million gallons of annual water usage attached to the former Westridge property (see first story above). Another is a mysterious IRS form reported to be floating around which, if signed by the county, would supposedly give Westridge a tax write off for donating a portion of the property to the county (see second story). A high ranking county official has privately acknowledged the existence of the form.

The unofficial review being done by Chief of Staff Shell may help answer some of the questions. But perhaps an outside, independent investigation is the only way to publicly clear the air in this overly complicated taxpayer-funded deal.

Click on image to enlarge

Click on this link to a petition you can sign to call for an investigation:

http://www.ipetitions.com/petition/investigate/

Send your comments and questions to roundup.editor@gmail.com, to Liz Sumter at tesumter@msn.com, to Judge Cobb at bert.cobb@co.hays.tx.us, to Lon Shell at lon.shell@co.hays.tx.us or click on the "comments" button at the bottom of the story

By Liz Sumter
Guest Commentary

I recently became aware of a petition asking for an independent investigation into the purchase of 50 acres known as the Jacobs Well/Westridge Joint Venture transaction.

The request is unusual in two ways. Typically, requests for an investigation come from a single individual or, at most, a small number of citizens. Additionally, the request is usually directed toward the District Attorney. A request in the form of a petition, and one that calls for an independent investigator, as opposed to the District Attorney, is rather unusual.

In this case, the call for an independent investigator would be an appropriate request because the transaction in question involved a high ranking individual in the District Attorneys Office. Citizen requests for investigations are not that uncommon. In the last three years, and just in Central Texas, two County Judges, one County Attorney, and one City Attorney received complaints about members of a governing body. In each case, the citizens asked for an investigation.

In one of those cases, and acting in my capacity as County Judge, I asked the District Attorney to investigate complaints alleging misuse of county equipment and funds when citizens voiced their concerns. In another case, the Comal County Judge asked for an investigation into an election matter. The Williamson County Attorney recently investigated misuse of county funds. And in the news today, the City Council in Austin is under investigation as a result of complaints alleging open meetings violations.

It is the duty and responsibility of the County Judge, as the presiding officer of the Commissioners Court, to protect the integrity of the Court. Among other things, that means making sure that any vote taken on any motion is followed by action that is consistent with what the members of the court and citizens understand the motion to be. That is why motions are painstakingly specific. There should be no room for interpretation.

If there appears to be any question about what is appropriate action, the Court should revisit the matter in open court. Further discussion in open court is the only way to clarify any ambiguity and to ensure that the public is aware of any clarification.

As I read the petition, citizens are asking for information about what they see as numerous questions surrounding the transaction. In my view, citizens have every right to do that.

As a citizen, who also once presided over Commissioners Court as County Judge, I will sign the petition.

State Rep. Jason Isaac: No press releases, no constituent newsletters, and 20 bills filed

Neighbors organized, a website and petition was started NoiseFreeTexas and a whole lot of other activity has gone down since. Isaac's proposed HB 2180 is one successful outcome of their efforts

Note: Friday, March 11 is the last day for lawmakers to file regular bills. The 82nd Legislature convened on Tuesday, January 11, 2011 and will adjourn its regular session Monday, May 30.

Send your comments and news tips to roundup.editor@gmail.com, to Rep. Isaac at Jason.Isaac@house.state.tx.us (512- 463-0647) or click on the "comments" button at the bottom of the page. For electronic updates from Isaac, visit his political campaign website here. Isaac (R-Dripping Springs/Belterra) represents District 45, Hays, Blanco and Caldwell counties.

By Bob Ochoa
Editor

Here's a quick update on State Rep. Jason Isaac's legislative activity taken from the Texas House of Representatives website.

According to the website, Isaac has issued no official House press releases nor has he sent out a constituent newsletter since he was sworn in for his first term in January. No problem there, as press releases and newsletters from elected officials usually are a waste of good paper and money. He has been busy, however, in the authorship (and joint authorship) of 20 pieces of legislation that are in various stages of the legislative process. (Check this link for bills and resolutions co-authored by Isaac.)

Mr. Isaac has filed some interesting bills, but one in particular caught our attention, HB 2180.

Two other bills (HR 2182 and HR 2183) were transmitted (fast tracked) to the governor on Friday, March 4. They relate to "the Ranch at Clear Fork Creek Municipal Utility District No. 1 (Hays and Caldwell counties); providing authority to impose a tax and issue bonds . . ." What jumped out in this pair of bills was the "authority to impose a tax." They look like they are amended or corrected versions of previously existing legislation. If so, does it take Isaac off the hook for a big violation of his "no new taxes" pledge?

[As many already are informed, Isaac took his pledge to an extreme recently by refusing even to allow an up or down vote by voters inside the Hays Trinity Groundwater Conservation District in western Hays County to impose an ad valorem tax (up to 5 cents) to fund the financially strapped district. At last check, the staff of State Sen. Jeff Wentworth was working on a draft bill (a by-product of the Hays County water stakeholder group initiated by Patrick Rose) but no bill has appeared as yet. It may be that Isaac's stiff opposition to a tax referendum option (and perhaps other recommendations of the stakeholder group to strengthen the district's authority) has knocked the wind out of that bill's sails. The time to file a bill is fast running out.]

Isaac's HB 2180 relating to "the prosecution of the offense of disorderly conduct involving unreasonable noise," was filed on March 3.

Some of you may recall reading in the RoundUp (exclusively) about the irritating noise-related issues emanating from a couple of North Hays County outdoor entertainment venues, and neighbors' efforts to try to do something to reduce the noise. Neighbors organized, a website and petition was started (see NoiseFreeTexas) and a whole lot of other activity has gone down since. Isaac's proposed HB 2180 is one successful outcome of their efforts.

We're happy to see that Rep. Isaac is making good on a campaign promise made to certain citizens. Isaac, who has two young sons, is probably keenly aware of the detrimental effects of excessive noise on young, developing brains – sleep deprivation, exhaustion and interference with school performance among them.

The biggest proposed change in HB 2180 – a real sea change for outdoor concerts, parties, wedding receptions and such – is in drastically lowering the maximum legal noise decibel level to 60 from 85:

"SECTION 1. Section 42.01(c), Penal Code, is amended to read as follows: (c) For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 60 [85] after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance."

It would help the bill's chances if a) the local DA offices would go on record as willing to prosecute noise abatement complaints/cases (at least one locally, we are informed, will NOT) and b) the Sheriff's deputies and Constables (who are off duty and hired for security at these outdoor venues) can agree to use a standard decibel meter AND the position from which to measure the offending noise. Some claim is it at the offender's property line and some claim it is inside the complainant's property.

Legislation can go down many Capitol corridors with no exit. It will be a good sign if HB 2180 is voted favorably out of committee and even better if it clears the Calendars Committee for a vote of the full House. But with so many big business and donor interests at stake (and the Lege's dismal record at passing pro consumer and community interest legislation), a savvy odds-maker might give it 20 to 1 against that it lands on Gov. Perry's desk. Still, it is good to see citizens take a direct and active role in positively affecting their local quality of life.

We'll have more updates on this and other legislation of local interest as they develop.

DSWSC Board officially disavows Harris letter

In a special board meeting held Wednesday night, March 2, the Dripping Springs Water Supply Corporation board of directors promptly passed two motions in open session following one and a half hours of discussion in executive session closed to the public.

With a 4 to 1 vote the board instructed Corporation Secretary Gilbert Wolf to notify DSWSC members that the board of directors had reviewed the Harris letter dated January 2011 and mailed to Corporation members on or about February 15, 2011, and that the board disavowed in its entirety the opinions, claims and allegations expressed by Harris in his letter. (See Harris' letter here.)

Harris voted nay.

In a second motion approved by a majority vote, the board directed Harris to reimburse the Corporation approximately $750.00 in printing and mailing costs for his unauthorized letter. Again, Harris voted nay.

The official letter disavowing the contents of Harris’ letter was expected to be signed by DSWSC Secretary, Gilbert Wolf, and was to be mailed to members on Wednesday.

County's ballooning debt and spending is drawing some attention

Many of our friends and neighbors are feeling economically pressed already, and unless we get our debt and spending back under control, that pressure will increase via the planned property tax rate increases

Send your comments and news tips to roundup.editor@gmail.com, to Mr. Brannon at LoveHaysCounty@hotmail.com or click on the "comments" button at the bottom of the story

By Sam Brannon
Special to the RoundUp

The Hays Citizens’ Budget Project has been working hard to bring new voices into the discussion on Hays’ financial situation, and the feedback so far has been fairly remarkable.

Recall that by the end of 2011, Hays County estimates that its debt level will be in the $400 million range, up over 500% from the 2007 level, and spending will have increased to $243 million from a 2007 level of just $71 million.

In the same period of time we’ve had over 4,000 residential foreclosures (about 10% of Hays County households), and unemployment has doubled, and the number of food stamp recipients has doubled, and we’ve had some troubling commercial real estate foreclosures.

The rapid growth in spending and debt seem out of balance with the general economic indicators in Hays County, and the purpose of this project is to inform the community about these incongruent trends, and to begin a meaningful public discussion on whether a new direction would serve our community.

By the numbers, we have had 4 public meetings in February, and one private meeting that with a Neighborhood Association. So far, 70 different Hays County residents have viewed our presentation (we’ve had some repeat attendees, and some from Caldwell County). Among the Hays group, 55 (79% of attendees) have joined our project by completing our petition to our elected officials, going on the record with their concerns and recommended actions.

Of those who signed-on to our project: 55/55 agreed they are concerned about the county's financial situation; 54/55 stated their expectations that our elected officials should hold full-on Public Hearings around the county in March; 52/55 stated their expectations that all capital projects be put on hold until the Public Hearings occur, as well as put in place a county hiring freeze and pay increase freeze.

This level of response is highly significant in that it transcends party and ideological lines, and in that once people become informed about where we stand today, they overwhelmingly want to have a voice in the process. At least that goes for 79% of them.

We haven’t yet hit all parts of the county, but we’re working hard at it. Of those 55 who have joined our project: 19 were from San Marcos, 21 were from Kyle/Buda, 10 were from Dripping Springs/Driftwood, and 5 from Wimberley.

We’ll be in Wimberley this week in a private meeting for 15-20 people. On Friday, March 4th, we’ll be on the air in Dripping Springs on KDRP somewhere between 9a-10a.

On Tuesday, March 15th, we’ll be presenting to the Sunrise Breakfast Club at 7am at The Root Cellar, just off the San Marcos Square. The public is invited to this meeting, but please RSVP ahead of time to LoveHaysCounty@hotmail.com to make sure we have enough seating available.

There are some other dates in the works as well, and will keep you posted on those as they firm up. If you’d like to invite us to speak to your group, or to a group of friends in your home, please write to us.

Many of our friends and neighbors are feeling economically pressed already, and unless we get our debt and spending back under control, that pressure will increase via the planned property tax rate increases.

So far our Commissioners Court has been mostly silent on the debt and spending, but I’m pretty sure that if we continue down the path we’re taking, we’ll see them respond in meaningful ways.

These types of conversations are fundamental to representative government. Before we can expect our elected officials to fully represent our wills, we must be informed, make conscious decisions, and then let them know what we would have them do. To the extent we participate in the process, our lives improve. So please join us!

Disorder in the Courts: The water wars are out in the open now

Is our groundwater district and board so dysfunctional, that it needs to be re-structured? There is provision in the law of The Texas Conservation Environmental Quality Board to have a citizen petition be signed by 50 people who believe dysfunction to be present

Note: Passions are still running high over the Hays Trinity Groundwater District's Presidents Day vote granting Wimberley Springs Partners' long sought groundwater permit. At last count, five Wimberley area residents and Austin attorney David Sanders had filed letters of protest with the District requesting a contested hearing. Two residents, Frank and Pam Sullivan, have even floated the idea of a new groundwater district being formed to manage the resource in the Wimberley Valley.

Send your comments and news tips to roundup.editor@gmail.com, to Ms. Shoemaker-Beal at creatas@aol.com or click on the "comments" button at the bottom of the story. Contact the HTGCD general manager at manager2@haysgroundwater.com for updates on letters protesting the WSP permit. Deadline for requests for a contested hearing is 4 p.m. today.

By Roberta Shoemaker-Beal
Guest Commentary

Did you hear of the disorder in our democracy, at a meeting of elected officials recently, at the Dripping Springs City Hall? From my perspective it was a tragedy at our bio-regional “water court,” by the Hays Trinity Groundwater Conservation District (HTGCD), Directors, elected to “preserve, conserve and protect” the sources of our drinking and property water. On President’s Day (Monday, Feb. 21), of all days, those assembled saw a “water case” go bad. I imagine the founders of our country are rolling over in their graves.

My Wimberley Valley neighbors showed up to this “town meeting on water issues." They were well-studied, caring and eloquent people, who emerged for me as the true guardians of our Hays-Trinity Aquifer water resources. Our good neighbors spoke of the technical and scientific basis for understanding the complex aquifer hydro-geology for that invisible life-giving source deep beneath our feet, our water.

David Baker, HTGCD Director and visionary for the Jacob’s Well Educational Site, spoke of conserving our “water budget” to sustain the many basic values of water in our environment – the financial, the ecological and the aesthetic. One grandmother eloquently asked for the future of the beautiful Wimberley Valley to be sustained for her grandchildren. Based on the “votes” of those speaking to conserve our “water budget,” the outcome vote would have been 2 dozen against permitting more water draw-down, to the 6 voting to increase the water deficit.

Those 6 requesting water drawdown, for an unnecessary golf course support a group calling themselves the Wimberley Springs Partners (WSP), commercial developers who really want to build 1,300 more homes. Their permit application seemed incomplete. No water capacity tests have been done on their wells since 2001. Still, WSP feels “they have the right” to add to the “water deficit” already happening here. Don’t be fooled though, they are not local. The WSP owners were hidden, from view behind their project manager, a $400 an hour lawyer and hydro-geologist who spoke. No corporate owners were present.

After a long description of the WSP position, their lawyer turned to the 200 folks gathered, and said something like, “It is now time to cooperate, and if we do not get our permit today we will sue!” What? Cooperation or threat?

I was shocked. In discussion, WSP would not even agree to NOT drawn down all their well #6, not far from our bio-regional water treasure, Jacob's Well, an aesthetic, environmentally, historic, tourist-attracting and educational natural wonder in the heart of the Hill Country. For the first time in history, Jacob's Well has stopped flowing, twice in the last ten years. It used to spout 20 feet up into the air. Will we, the locals and tourists, have to be happy, when and if Cypress Creek is still flowing through downtown? Are we at the mercy of "a disorder” in these Texas courts? WSP saw no need to be neighborly; they seemed to know they had the "necessary" votes to “make good” on their threat.

Environmental steward Steve Box came all the way from Bastrop to testify that the local groundwater district needed to postpone a vote on the WSP Request for Permit to draw down more from our water table. This water-savvy man stated that Texas “water law” requires a water measure be determined, called the desired future condition (DFC), to sustain the water level of any Texas aquifer. Mr. Box reported that the DFC Report is due soon, so a vote before those levels has been determined may even be against the law. This knowledgeable man is one of the Bastrop, Burleson and Lee county visionaries, who work to protect the water in their strategic aquifer, at the junction of the Colorado River surface water, as it passes through Central Texas, where it meets the underground Simsboro Aquifer. As an Environmental Steward of the Colorado River, Box says, “The water wars have begun."

Based on the vote of the HTGCD "Water Court," the "WSP," won by a 3-2 vote by those elected to “conserve, preserve and protect” our water resources. How could that be? Logic, law and common sense, science and the interest of the vast majority of the citizens were ignored. Truly effective court voting procedures were ignored. Relevant and related items were not allowed on the HTCWD agenda. The WSPartners seem to be at-variance with the law, according to the many who testified. George Washington and Abraham Lincoln, Happy Birthday?

The two Wimberley Groundwater District Directors, David Baker and Joan Jernigan, voted against the excessive water permit. Then, the 3 Water Officers from the north Hays County aquifer region (Jimmy Skipton, Mark Key and Greg Nesbitt) voted TO permit the water taking. The absentee WSP owners seemed to have endless funds to get their Midland oil-money “to work for them” in the Wimberley Valley. WSP have also aligned contractually with Aqua Texas, known waster of local water. Their for-profit parent corporation is traded on the NY Stock Exchange, as Aqua America (NYSE: WTR).

Yes, there is already big corporate money invested in making big profits from Texas communities, like Woodcreek. Before one drop comes out of a Woodcreek faucet, their base water bill could be $187. Some say the only way for Woodcreek to maintain its water at a reasonable rate is to “buy out Aqua Texas” and manage it responsibly themselves, so 30% of the water pumped is not wasted.

It makes me so sad that lawyers with deep-oily pockets can threaten our local natural resources and our drinking water. In fact, the Hays Trinity GCD was set up with limited Chapter 36 authority, such as no self-funding ability, under former Hays County Judge Jim Powers and former State Rep. Rick Green.

Now the question: Is our groundwater district and board so dysfunctional, that it needs to be re-structured? There is provision in the law of The Texas Conservation Environmental Quality Board to have a citizen petition be signed by 50 people who believe dysfunction to be present. Apparently, in Blanco County, the citizens took such an action and now they have a fully empowered Chapter 36 Water District, as the Texas Water legislation intended, to function for the protection of our water resources.

If our Hays County neighbors do not share our concerns, Frank and Pam Sullivan (who have filed a contested hearing letter with the District) feel that the Wimberley Valley is so unique that we might need our own groundwater district.

What story will be told of the President’s Day HTGCD debacle? Can our democracy work for us to protect our beautiful natural resources? Some good neighbors, led by Jim McMeans, coordinator of CARD, the Citizens Alliance for Responsible Development, have begun the process by filing a letter * to contest the WSP Water Permit ruling by our “water court.”

I am calling the HTGCD now to file a letter. Let’s get our democracy to work for us. Join me. Roberta Shoemaker-Beal and Jim Beal, whose stream has stopped flowing, except a few weeks a year. It used to flow 7-8 months a year, before 6 houses were built nearby.

References:

• To see Jim McMeans letter, go to The Hays County RoundUp for 3/01/2011

Contest the Outcome of the Water Permit requested by the WSP: Feb 21, 2011: Deadline is Thursday, March 3, 2011, by e-mail or delivery by 4 PM. Rules posted online at: http://haysgroundwater.com/files/Rules/2007_HTGCD_Rules.pdf including 5.5

See front page of the Austin American Statesman, 3/2 Who owns the Groundwater?

Steve Box: Environmental Stewardship: < http://environmental-stewardship.org/aboutus.aspx > Environmental Stewardship is a tax exempt non-profit whose purposes are to protect, conserve, restore, and enhance the earth's natural resources. Sign their petition to stop the “water-taking” in the Colorado-Simsboro bio-region: < http://www.ipetitions.com/petition/es-gbra-simsboro/ >

** Attend the Bastrop INDY Texans: Social Activism Training: March 19^th:

< http://www.indytexans.org/political-reform-bio.php >

Contact David Baker: Jacob’s Well: conservation district and educational center.

< http://www.visitwimberley.com/water/join.shtml >

AquaAmerica, national corporate “parent” of AquaTexas: Woodcreek, Texas

< https://www.aquaamerica.com/News/Pages/AquaAmerica.aspx >

HTGCD receives three contested hearing requests over WSP groundwater permit

Send your comments, questions and news tips to roundup.editor@gmail.com, to the HTGCD at manager2@haysgroundwater.com or click on the "comments" button at the bottom of the story

By Bob Ochoa
Editor

Rick Broun, general manager of the Hays Trinity Groundwater Conservation District, confirmed today that the District's office has received three contested hearing requests in response to recent action of the HTGCD Board to approve a three-year groundwater permit for Wimberley Springs Partners.

The Board – in a 3 to 2 vote at its Feb. 21 meeting held in Dripping Springs – approved a permit for less than what WSP had requested, according to Board president Jimmy Skipton. The vote nonetheless drew a barrage of criticism from citizens concerned that the groundwater would be used for future dense development in the Wimberley Valley and for irrigation of WSP-owned golf courses. (For background, scroll down to related stories.)

Waldron Ltr/Click on image to enlarge

Broun said the first contested hearing request was received Monday from valley resident Jim McMeans, a co-founder of Citizens Alliance for Responsible Development and a frequent critic of the District. Two additional contested hearing requests were received at the District office soon after McMean's, according to Broun. One is from Frank and Pam Sullivan and the third from Jerral and Alyson Waldron.

Broun said he is checking with the District's attorney, Greg Ellis, for the next steps. The procedures are likely to be explained, and a pre-hearing possibly held, at the District's next board meeting, March 24, 6 pm at Dripping Springs City Hall. The procedure could involve taking the cases to the State Office of Administrative Hearings or the hiring of an independent hearing examiner. Standing of the parties initially will probably have be determined.

Meanwhile, the status of the permit granted by the District to WSP is said to now be "temporary" until the contested hearing requests are resolved, according to one source but as yet not confirmed by the RoundUp.

McMeans sent the following statement to the RoundUp:

Jim McMeans/RoundUp

"My reasons for doing this are straightforward and reasonable. The permit approved by the three members of the Board represents a gross expenditure of the water budget for the Trinity Aquifer. This permit would allow WSP to draw up to 250 acre feet of water from the aquifer for a second golf course and perhaps also allow that water to be transferred to Aqua Texas for the residential development envisioned by the WSP in Woodcreek North. During a normal rainfall year WSP would be allowed to pump up to 500 acre feet for the development phase of the second golf course.

"During the meeting of the HTGCD President Skipton asserted that the 500 acre feet would be a one-time authorization, but the text of the request submitted by WSP asks that the 500 acre feet be allowed any time there is adequate rainfall. I have not seen the staff write-up of the permit, so am not clear on how this is being handled.

"I am the owner of a water well that serves my property and my property value is dependent on an adequate, permanent supply of groundwater from the Trinity Aquifer. I believe that the issuance of such a huge permit will drawdown the aquifer over time and cause damage to my property by loss of its reliable water supply.

"The three members of the Board did not appear to have any technical justification for the huge permit issued to WSP. They approved the permit before the issuance of the final Managed Available Groundwater by the Texas Water Development Board. The WSP permit appears to exceed the current water budget in the District's Management Plan.

"The amount of water approved by the three members of the board exceeds the water permitted for the entire city of Woodcreek (321 acre feet per year). WSP does not hold a CCN for public water supply within the area. That CCN is owned by Aqua Texas. If WSP were to attempt to transfer any of the permitted water to Aqua Texas to benefit their proposed residential development, it may constitute a gross violation of the permitting process."