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Friends of Blue Hole is a non-profit organization created to promote, protect, preserve and develop Blue Hole Regional Park.  The organization raises funds and awareness for this award-winning, sustainable, historic park in the heart of the Hill Country.  The Friends is a private, philanthropic organization supporting Blue Hole Regional Park, which is owned and operated by the City of Wimberley.

TESPA Files Suit To Stop Electro Purification in
Hays County District Court
March 21, 2015
 

 The Trinity Edwards Springs Protection Association (TESPA)  filed suit in Hays County District Court Friday morning seeking to stop any further work by Electro Purification unless and until they obtain groundwater use permits from the Hays Trinity Groundwater Conservation District.   TESPA filed suit on behalf of members living within mile of the Electro Purification project.    The suit names Electro Purification and the landowners who leased the groundwater to Electro Purification as defendants.

The suit was filed under provisions of Chapter 36 of the Texas Water Code that allow landowners to sue over water well construction on adjacent property when the wells were constructed without appropriate permits.  The suit also complains that the rule of capture applicable to groundwater in Texas under older case law violates the new property right in groundwater established by the Texas Supreme Court in the case of Edwards Aquifer Authority v. Day, particularly given the extensive well drawdown anticipated on adjacent properties due to the Electro Purification project.

According to Vicki Hujsak, a founding incorporator of TESPA, “TESPA was formed to take action to protect our aquifers and springs.  It feels good to be fighting back.” 

Jeff Mundy, lead trial lawyer for TESPA summarized the main points of the case.  “First, our legal research revealed that the Legislature already passed legislation which attempts to protect all of the groundwater in Hays County through groundwater conservation districts.   The Legislature gave the Hays Trinity Groundwater Conservation District default jurisdiction over groundwater in all of Hays County, to the extent jurisdiction has not otherwise been given to another groundwater conservation district.   The HTGCD has a legislatively mandated duty to protect groundwater to assure it is used wisely and in a sustainable manner.    

Second, if for some reason the courts find that the HTGCD does not have jurisdiction to protect this groundwater, TESPA is requesting the Supreme Court of Texas to review and overturn the ‘rule of capture’ as it applies to groundwater, which will have statewide impact in areas not protected by groundwater conservation districts or other water conservation districts. We hope to bring the common law of Texas into accord with the laws promoting groundwater conservation as passed by the Legislature and as mandated by the Texas Constitution.” 

According to Vanessa Puig-Williams, an environmental attorney helping TESPA, “The rule of capture is harsh and archaic, dating back to a 1904 decision that referred to groundwater as secret and occult.  We are well beyond the occult in our understanding of groundwater today, and we feel that the time is ripe to challenge this doctrine that has long outlived its usefulness.”   

As filed, the suit seeks a temporary injunction to stop Electro Purification until the Hays Trinity Groundwater Conservation District decides how to respond to the allegation that they have regulatory responsibility for these contested wells.   The Hays Trinity District was served Tuesday with a letter giving them notice that they had 90 days to determine what action, if any, they wished to undertake. 

For information, watch the TESPA website, www.tespatexas.org .

Stay informed on EP issue SaveOurWells.com

News Stories on EP Issue SaveOurRollingOaksWells.org

Wimberley Valley Watershed Association wimberleywatershed.org

Sign Petition here

Hays County Groundwater Watchdogs

TESPA Facebook 

 TESPA Press Release PDF

Friends of Blue Hole Membership Program

The purpose of the Friends of Blue Hole membership program is to support the Blue Hole Regional Park and provide opportunities for involvement.  All of the memberships are for one calendar year

Texas Barberry Guild--$50
  • A membership card
  • Recognition in the newsletter that is distributed 4 times a year
  • Two free passes to the swimming hole to be used during one season
  • Invitations to all Friends of Blue Hole events

Texas Cedar Elm Guild--$100

  • A membership card
  • Recognition in the newsletter that is distributed 4 times a year
  • Four free passes to the swimming hole to be used during one season
  • Invitations to all Friends of Blue Hole events

Texas Blue Oak Guild--$250

  • A membership card
  • Recognition in the newsletter that is distributed 4 times a year
  • Six free passes to the swimming hole to be used during one season
  • Invitations to all Friends of Blue Hole events
  • Invitations to special members-only events

Live Oak Guild--$500

  • A membership card
  • Recognition in the newsletter that is distributed 4 times a year
  • Recognition in the park for one year (February through January)
  • Ten free passes to the swimming hole to be used during one season
  • Invitations to all Friends of Blue Hole events
  • Invitations to special members-only events
  • Special members-only early entry day before the swimming hole opens for the summer
  • Use of the McCord/Welp Overlook and fire pit for one evening

Bald Cypress Society--$1,000

  • A membership card
  • Recognition in the newsletter that is distributed 4 times a year
  • Recognition in the park for one year (February through January)
  • Twenty free passes to the swimming hole to be used during one season
  • Invitations to all Friends of Blue Hole events
  • Invitations to special members-only events
  • Special members-only early entry day before the swimming hole opens for the summer
  • Use of the McCord/Welp Overlook and fire pit for one evening
  • Use of the Wood/Grinstead Amphitheater for one evening

Chatterbox Orchid Society--$2,500

  • A membership card
  • Recognition in the newsletter that is distributed 4 times a year
  • Recognition in the park for one year (February through January)
  • Thirty free passes to the swimming hole to be used during one season
  • Invitations to all Friends of Blue Hole events
  • Invitations to special members-only events
  • Special members-only early entry day before the swimming hole opens for the summer
  • Use of the McCord/Welp Overlook and fire pit for one evening
  • Use of the Wood/Grinstead Amphitheater for one evening
  • Use of the Way Overlook for one evening

Business Partner--$1,500

  • A sign announcing your membership
  • Recognition in the newsletter that is distributed 4 times a year
  • Recognition in the park for one year (February through January)
  • Twenty-six free passes to the swimming hole to be used during one season
  • Invitations to all Friends of Blue Hole events
  • Invitations to special members-only events
TESPA

To make a donation to the
Trinity Edwards Springs Protection Association
please click the DONATE button below:

 

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Join Friends for 2015

The Friends of Blue Hole membership program was created to support the Blue Hole Regional Park and provide opportunities for involvement.  Our initial year had 45 member households generating almost $20,000 in support for the park.  One of the highlights of our year was the introduction of a fall lecture series, featuring Brent Leisure, Andy Sansom and Steven Spears.  Other highlights include hosting the 4th Party in the Park, execution of an economic development study, and receiving grants from the Brown Foundation, the Wimberley Community Civic Club and the Jacob and Terese Hershey Foundation.

Please consider joining the Friends of Blue Hole as a member.  Your support is vital to the continued viability of the organization and the enhancement of Blue Hole Regional Park.  After an initial year of the membership program, the Friends learned many lessons and have plans to enhance and improve the program.  We will offer more programming for the 2015 year, including the continuation of the lecture series.   The funds that are generated through the membership program will support a variety of programs for Friends, as well as the continuing development of the park.  The membership levels are names for various native species that are found in the park. 
Click here for information of the program and how you can join.  If you have any questions, please contact Friends at info@friendsofbluehole.org  or 210.867.3939.
 

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detailing park development, special events, and volunteer opportunities.

 

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If you have subscribed to the Friends of Blue Hole Newsletter and are not receiving it, please add Newsletter@FriendsofBlueHole.org to your contacts and check your SPAM folder. 

Print a Friends of Blue Hole Membership Packet and pay by mail or use PayPal.

 

 

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Friends of Blue Hole
PO Box 1601
Wimberley, TX 786876

info@FriendsofBlueHole.org

 

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Friends of Blue Hole is a 501(c)(3) non-profit organization Federal ID #20-3415046