White Stallion opponents stall groundwater contract

October 7, 2011

Heather Menzies
The Bay City Tribune

White Stallion Energy Center opponents overflowed the Matagorda County Annex Building conference room to voice their opposition to the Coastal Plains Groundwater Conservation District granting a groundwater drilling permit that would benefit White Stallion Friday, Oct. 7.

The groundwater conservation district board also set a new precedent for groundwater districts by placing a temporary moratorium on all new permit requests for registered groundwater wells.

During the Friday morning meeting the groundwater district board of directors considered three applications — only an application made by Arthur Milberger, Matagorda County landowner, to drill a groundwater well that would use 1,199 acre-feet annually to be sold to WSEC was opposed.

Clive Runnells III, a Matagorda County landowner, and Blackburn Carter, a law firm representing the No Coal Coalition, made requests for a contested case hearing on the Milberger application.

The groundwater district, after consulting with their attorney, granted the requests for a contested case hearing and directed their attorney to consult with the two requesters to agree on a hearing examiner, according to Haskell Simon, Coastal Plains Groundwater Conservation District board chairman.

"The first thing that will happen is the hearing examiner will determine if (the two parties requesting the hearing) has status," said Simon.

"If status is granted, the examiner will hold the hearing and make a recommendation to the groundwater district board of directors who will then make the final decision."

Neal Hudgins, Coastal Plains Groundwater Conservation District manager, said the temporary moratorium was placed on accepting any new requests for registered groundwater permits until the Texas Water Development Board releases the actual numbers on water availability.

"Once we get that number back, then we will change our rules according to availability before the moratorium is lifted."

Hudgins said there is no way to put a timetable on the final decision on Milberger’s application or when the temporary moratorium on new applications will be lifted.

Simon said it is important to remember that the moratorium does not affect drilling for domestic and livestock use since those wells are always exempt from permitting.

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