WVWA and the Landowners win favorable ruling from the Court in the case of Wimberley Valley Watershed Association, Johanna L. Smith, H.K. Acord, Janete Acord, James R. McMeans and David Glenn vs. Hays Trinity Groundwater Conservation District, Defendant and Wimberley Springs Partners (WSP) Intervenor.
Plaintiffs filed suit seeking to require the District to grant us a contested case hearing on the application of WSP to pump 997 acre feet of water per year from five wells in the vicinity of Jacob’s Well for a golf course development.
Both the District and WSP filed Motions for Summary Judgment seeking to have our suit thrown out. The matter was heard by Senior District Judge Dwight E. Peschel on February 26, 2013. The Court has ruled in our favor denying the motions.
The Court further found that the HTGCD action in denying our requests for contested case hearing “…was arbitrary, capricious, and an abuse of discretion.” We anticipate that the case will proceed to a final judgment consistent with the above. There is no indication at this point as to whether or not the opposing parties will seek to further challenge or appeal the Court’s ruling.