State Rep. Jason Isaac, R-Dripping Springs, on the floor of the House on May 15, 2015.
State Rep. Jason Isaac, R-Dripping Springs, on the floor of the House on May 15, 2015. Bob Daemmrich

Updated, 8:30 p.m.:

Before the Texas House adjourned Thursday evening, it was announced that the point of order that was originally sustained on House Bill 3405 had been overruled. The measure is now poised to head to a conference committee of House and Senate members. Read more here.

Original story:

After fears of a massive, unregulated groundwater pumping project sparked a passionateย display of political activismย byย Texas Hill Country residentsย earlier this year, the resultingย legislative effortsย appear to have failed.

The Houston-based company Electro Purification plans to pump up to 5 million gallons of water per day from wellfields in western Hays County โ€” far more water than has ever been pumped there previously, and in an area that is not covered by a groundwater conservation district that could regulate the withdrawals.ย 

News of the project spread quickly earlier this year, as did concerns that local residents in Hays County would see their own wells run dry. (No one has proven that, although Electro Purification officials acknowledge that some residents may have to lower their pumps.) The company says it is providingย needed new water supplies to rapidly growing Buda and surrounding areas.

But just daysย before the 2015 legislative session is set to end, none of the bills that state Rep. Jason Isaac, R-Dripping Springs, proposed in hopes of stoppingย the project have been successful. His key bill, which would have expanded the jurisdiction of the Barton Springs/Edwards Aquifer Groundwater Conservation District to include Electro Purification’s wellfields, failedย in the House on Wednesdayย night.ย If the company’s wells are within a conservation district, it would have to report how much water it pumps and potentially be subject to pumping limits.ย 

Electro Purification’s spokesman, John Hatch, did not return a call seeking comment Thursday.ย 

The death knell came from an unlikely source: state Rep. Mary Gonzรกlez, D-El Paso.ย Gonzรกlez raised a point of order โ€” a parliamentary maneuver โ€” on House Bill 3405.ย 

“We’re just devastated,” Isaac said in an interview Thursday. Of his constituents in Hays County, who flooded lawmakers’ offices with calls over the past two months and made dozens of trips to the Capitol, he said, “They are absolutely crushed.”ย 

The bill’s Senate sponsor, state Sen. Donna Campbell, said in a statement, “It is a very disappointing development to have aย lawmaker from El Paso โ€” hundreds of miles away from myย district โ€” insert themselves into a local bill against the willย of the people and against the elected officials whoย represent them.”

In a phone interview, Gonzรกlez said, “I just felt [the bill] set a really bad precedent and could particularly harm rural communities.”ย 

Isaac said he doesn’t understand Gonzรกlez’s argument. He pointed out that other legislation creating new groundwater conservation districts or expanding the jurisdiction of existing ones passed the chambers without a problem.ย 

“She’s a pawn of somebody else who’s pulling the strings,” Isaac said of Gonzรกlez. “There are some very powerful political players that are working to thwart our efforts.”ย 

Gonzรกlez said she made her own decision, and Isaac’s characterization “really makes me upset.” She said she heard concerns from “multiple stakeholders,” including Buda residents. She did not hear from Electro Purification, she said.

“I think that if we’re going to expand districts in any way, shape or form, that all stakeholders should feel comfortable with the process,” Gonzรกlez said.

The bill may still have a chance in the Senate. That’s a tall order given what’s already on the Senate calendar, Isaac said, and he doesn’t expect it to happen.ย 

“It’s late in the game, but there are still a couple of vehicles I have left,” Campbell saidย in an interview Thursday on the Senate floor. “It’s important to have a conservation district in that area, if we are going to protect the wells and protect the people. … I will fight to the end to do that.”ย 

Campbell did amend other Senateย legislation to include language from House Bill 3405, but Isaac said he’s not optimistic the legislation will succeed that way.ย 

Once the legislative session is over, Isaac said there are other options to try toย stop the companyย โ€” or, at least, to make sure the company operates in a regulated environment, where it would have to report how much groundwater it pumps and be subject to certain limits. Landowners in the area could petition the state to create or expand a groundwater conservation district. Some area landowners have also sued the company.ย 

Gonzรกlez said she would consider supporting future efforts to put Electro Purification’s wellfields in a groundwater conservation district. In 2017, she said, lawmakers can try again.ย 

“Two years isn’t that far off, in reality,” she said.ย 

John Reynolds and Jim Malewitz contributed reporting.ย 

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Neena Satija worked at the Tribune from 2013 to 2019. She was an investigative reporter and radio producer for the Tribune and Reveal, a public radio program from the Center for Investigative Reporting....