A water supply company’s third unsuccessful attempt to draw more water from the Edwards Aquifer may result in a lawsuit against the conservation district that has consistently denied the request. A legal challenge would be a logical step for the Creedmoor-Maha Water Supply Corp., after exhausting its avenues for appeal through the Barton Springs Edwards Aquifer Conservation District. Creedmoor-Maha attorney Mark Zeppa had previously indicated that option would be available for his client if the BSEACD issued a third and final denial, delivered last week in a 3-2 vote.
The conservation board did, however, grant the water-supply company an additional increase of nine million gallons per year — a drop in the bucket compared to its requested 412 million gallons. Creedmoor-Maha argued that it needed such a huge increase in water to qualify for a $600,000 federal loan to pay for infrastructure improvements in its service area, which serves more than 2,000 customers in southern Travis County.
Should Creedmoor-Maha file a lawsuit against the district, it would not be the first legal battle the water company has waged against its regulators. Creedmoor-Maha has a history of challenging BSEACD’s authority to set permitting limits as a means of regulating development over the aquifer.
This article appears in February 22 • 2002.
