State refers Backbone MUD case to mediation
BURNET — Residents upset over a proposed municipal utility district near Fairland can now seek mediation, as well as take part in a state hearing on the controversy. No date has been set for either the mediation or the hearing, officials said earlier this week.
The Texas Commission on Environmental Quality recently referred the issue to mediation as part of alternative dispute resolution program, agency spokeswoman Andrea Morrow said. “It is up to the parties to decide whether they want to participate in the mediation,” Morrow added. “All communication between the parties is confidential before and during the mediation process.”
If both sides agree, Todd Burkey from the TCEQ Office of General Counsel has been appointed as the mediator, Morrow said. TCEQ has also referred the issue to the State Office of Administrative Hearings for a “contested case hearing,” Morrow said.
It is scheduled to begin during the next nine months, Morrow added. Last June, Cactus Canyon Quarries Inc. and landowners Sandra L. Carl, Richard Hoepfner and Kathy McDonald petitioned TCEQ to approve the district for about 103 acres on four tracts in Burnet County along the railroad tracks west of U.S. 281 and north of CR 120.
The proposed MUD will provide “non-potable water for any purpose, including, but not limited to, irrigation water to agricultural lands,” according to the petition from Cactus Canyon President and Marble Falls attorney Andy Carson. Because of fears about losing groundwater, the Burnet County Commissioners indicated they want the MUD to undergo an environmental impact study.
“With the petitioner requesting the capability of removing water at a rate of 300 gallons per minute, the fear of groundwater depletion is realistic,” according to a September letter the commissioners sent to TCEQ. Also, the commissioners expressed concerns whether the MUD would claim eminent domain to annex land from neighboring subdivisions and landowners to sell and transport surface and groundwater to industrial users. In addition, the commissioners questioned whether all landowners in the district approve of the proposed MUD.
At the same time, the Timber Ridge Property Owners Association filed a protest against the MUD. In addition to their concerns about eminent domain and annexation, the association wants an engineering study to determine if the MUD will affect the quantity or quality of groundwater. TCEQ granted a request from the property owners for a contested hearing on the MUD last month. Timber Ridge POA Vice President Jim Gallagher earlier this week also updated the commissioners about the mediation offer. “Our biggest concerns still lie within the area of eminent domain and annexation,” Gallagher said.