Texas Senate Kills Groundwater Moratorium
“The lobbyists did their work well…”
Greg Ritchie
Messenger Reporter
HOUSTON COUNTY – A Texas House bill, designed to put a halt to commercial groundwater drilling while scientific impact studies could be made, has died in the Texas Senate. East Texas Senator Robert Nichols authored the very amendment which killed the moratorium on drilling, which many considered the heart and teeth of the legislation.
Rep. Cody Harris carried the bill through the House with overwhelming, bi-partisan support. Insiders tell The Messenger Harris was “livid” after hearing of Nichols move in a Senate committee, after Nichols said he knew he would not have enough votes to carry the full bill.
The bill was sent back to the House, where Harris, along with Rep. Trent Ashby declined the Senate changes, effectively killing the legislation for the time being.
While sources are reluctant to go on the record, The Messenger has learned the multi-billionaire Kyle Bass may have employed a phalanx of high-powered, well-connected lobbyists to pressure Senators into killing the drilling pause while impact studies could be completed. The area’s hopes now rest on a state hearing later this year, set to hear both sides of the issue.
At one point, House representatives were called to the Senate to see if a compromise could be reached, but in the time it took them to walk to the Senate, leaders there told them the Senate would not have the support to work in any moratorium of any kind.
“House Bill 27 included a two-year moratorium, our pause, on export permits, that would not have affected existing permits or traditional landowner use,” Nichols told the Senate. “However, in committee, there were enough members that were concerned about the two-year moratorium. They were concerned that might cause a lot of problems and set up a bad precedent around the state, so I agreed — for that reason alone — I agreed to ask them to vote for the bill, and that when we came to the floor I would have an amendment that would remove the two year moratorium.”
The move came as a shock to those who felt the bill was a golden opportunity, after Texas Gov. Greg Abbott added the groundwater issue to the legislative special session. Many noted Nichols is retiring at the end of his current term. For Nichols’ comments and response from those running to occupy his seat, please see related article in this edition.
One source, who asked not to be identified, told The Messenger, “These high-paid lobbyists did their work well…”
Once the bill was returned to the House, Ashby and Harris were quick to call out the Senate and their vote. Ashby asked if he agreed that removing the moratorium was, in fact, the “critical component” of the bill.
“Absolutely,” Harris answered. “Removing the moratorium removes the mechanism that gives our communities breathing room while the study is conducted. Without it, the bill is nothing.”
“And is it your position, as it is mine, that allowing large scale groundwater exports to move forward before we complete a sustainability study puts the cart before the horse, and risks long term harm to aquifers in our local water systems?” Ashby asked.
“Absolutely,” Harris said. “We don’t approve massive infrastructure projects without knowing their economic impact or their environmental impact. Why on Earth would we approve high capacity exports of groundwater without knowing the data of how that groundwater aquifer is impacted?”
Ashby asked what East Texans can do now to protect their groundwater. “Hmm,” groaned Harris, pausing to answer.
“Unfortunately, some areas of the state have no protection. Like a county you represent. Houston County has no protection. But in areas that do have a groundwater conservation District, I call on the groundwater Conservation District in Anderson and Henderson and Cherokee Counties to deny the permit applications on these water projects, stand firm and this body will have your back,” Harris said to applause from lawmakers.
“This isn’t just about water, this is about trust,” Harris continued. “And our constituents in East Texas are relying on us to protect their private property rights. They know we have fought for them, and they will remember who stood with these Texans, and they will remember who did not.”
Harris thanked Ashby for helping get the legislation as far as it went, while Ashby noted the “Herculean feat” it had been to get the governor to put this local issue in the special legislative session.
Insiders tell The Messenger the fight now goes to the state bodies and to the lawyers, which will now fight the issue at the state level and in local groundwater conservation districts.
Why would representatives in the House, from big cities and both parties overwhelmingly approve the measure, only to have Senators a few doors down reject it only a few days later?
The Messenger is investigating this important question and hopes to updated our reporting in the near future.
Greg Ritchie can be reached at [email protected]
