The future of Corpus Christi’s Evangeline groundwater project remains unclear after a more than four-hour hearing in which those protesting the development of the well field argued for their right to bring their concerns to a contested case hearing.
Contested case hearings are held similarly to civil court cases. Within the lens of the proposed Evangeline project, a hearing would determine whether permits needed to accomplish the initiative move forward.
At issue are transport permits and permits to drill about two dozen wells, planned to pump as much as 24 million gallons per day of groundwater — high stakes for a project that city officials believe is integral to addressing a potential water emergency in upcoming months.
The proposed well field is planned for a 23,000-acre property, located north of Sinton.
The municipality is among the protestants of the project, along with St. Paul Water Supply Corp. and Sinton-area farmer Charles Ring.
Each has aired concerns over the project’s potential impacts to water quality and water quantity, subjects that attorneys sparred over during an April 28 preliminary hearing determining standing.
An expert testifying on behalf of the city of Sinton and St. Paul Water Corp. asserted that drawdown and degradation of water quality could be expected under current project plans, while attorneys representing project developers dismissed the concerns as based on speculation and suggested protestants had not sufficiently proven standing.
It’s expected that Administrative Law Judge Alicia York will make a written ruling in the next 10 business days on standing for a contested case hearing.
However, there is a new wrinkle — another hearing will likely be scheduled to determine Ring’s standing for the 22 well-drilling permits.
He had initially submitted a protest to a transport permit.
York agreed to schedule a new preliminary hearing specifically on that matter.
Rising tensions
Although the Corpus Christi City Council has agreed to pay $169 million in Evangeline water rights, the project is not currently owned in full by Corpus Christi.
Developers of the project, Evangeline/Laguna LP, are seeking to sell it to the city.
Its acquisition is contingent on a number of terms outlined in an agreement, including that all permits are secured.
The project has already acquired a production permit from the San Patricio County Groundwater Conservation District, allowing as much as 24 million gallons of groundwater per day — preliminarily planned to be sent through the Mary Rhodes Pipeline to the O.N. Stevens Water Treatment Plant.
Drilling and transport permits that would allow for full development and operation, however, have been outstanding since protests were filed against their issuance in February.
Dispute between the city of Sinton and the city of Corpus Christi over the project has taken on high profile.
Sinton city officials have since last summer raised concerns about Corpus Christi’s plans, which would tap into the same aquifer that is the sole source of Sinton’s municipal water supply.
The county seat of San Patricio County, Sinton boasts a population of about 5,500, according to the U.S. Census Bureau.
At one point, the two municipalities had been in talks over proposed mitigation plans, should negative impacts on Sinton’s water quality or water quantity be attributed to the city’s operations.
However, talks ceased.
Tensions have continued to increase. The city of Sinton turned down an invitation by a state senator in March to meet with the city of Corpus Christi. Sinton officials wrote in a news release that they would not participate unless the city of Corpus Christi “provides essential information and responds to a previously submitted proposal intended to resolve ongoing groundwater permit matters.”
Corpus Christi officials, meanwhile, asserted that there had been responses, provided through attorneys.
Work underway
City staff last week named September as the timeframe that Corpus Christi may enter into a water emergency, with certain assumptions. That could change with certain variables, such as weather.
A water emergency would be called when the city is within six months of its water supply being unable to meet demand.
Staff and the City Council have been in process of determining what that would look like, including water allocations that would restrict the amount of use under curtailment.
City officials have said the Evangeline project coming online is integral to making decisions on a water emergency. They have been hoping to bring it online in phases, starting with 4 million gallons of groundwater produced per day in November.
The council has been optimistic that the project will materialize — in February, it allocated another $197 million for the project’s development, including construction management services and about $182 million in capital costs.
Engineering design work has continued and about 35,000 linear feet of water pipe has been brought to the property, according to an April 24 memo penned by Nick Winkelmann, chief operating officer of Corpus Christi Water.
Construction trailers have arrived and it is expected that “a full pipeline installation crew” will be mobilized next week, the document states.
Kirsten Crow covers city government and water news. Have a story idea? Contact her at kirsten.crow@caller.com.
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This article originally appeared on Corpus Christi Caller Times: Opponents of Evangeline groundwater push for contested case hearing
Reporting by Kirsten Crow, Corpus Christi Caller Times / Corpus Christi Caller Times
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