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The Texas Supreme Court has ruled in favor of the City of Dripping Springs and the Texas Commission on Environmental Quality (TCEQ) in a lawsuit over wastewater discharge.
The decision, announced April 11, paves the way for the city to move forward on its wastewater expansion project. “This is a significant day for the City of Dripping Springs and our community as a whole,” said Mayor Bill Foulds. “I am grateful the Court saw the wisdom in the science and engineering we have conducted throughout the process. We have worked with the best experts in the country including hydrologists and engineers, and I think that was evident today.”
The battle dates back to 2015, when Dripping Springs applied for a permit that would allow a daily discharge of up to 995,000 gallons per day of treated wastewater into Walnut Springs, which would then travel less than half a mile before feeding into Onion Creek.
Several organizations, including the nonprofit Save Our Springs (SOS) Alliance, opposed the permit. Over a period of four years, there were a variety of hearings, arguments and settlements intended to address the concerns. Ultimately TCEQ issued the permit on March 6, 2019.
In the opinion of the Texas Supreme Court, delivered by Justice John P. Devine on Apr. 11, the resulting draft permit had some of the most stringent effluent limits of any waterway-discharge permit issued in the State of Texas.
“The settlement agreements extracted significant concessions from the City, some of which were then incorporated into the draft permit and others of which are enforceable through penalty provisions in the settlement agreements. Among them, the City agreed to expand infrastructure (with an eye toward avoiding the necessity of any waterway discharges), reduce the maximum allowable discharge under the permit to 822,500 gallons per day, use an ultraviolet-light disinfection system rather than chlorine, and refrain from discharging any wastewater at all until wastewater volume exceeds 399,000 gallons per day.”
However, SOS Alliance argued that the permit still violated the federal Clean Water Act - specifically rules that apply to “high quality waterways.” The alliance contended that the treated sewage would substantially decrease dissolved oxygen levels and increase nitrogen and phosphorus levels in Onion Creek. They said this would threaten the water quality in the Barton Springs section of the Edwards Aquifer, which Onion Creek recharges. They also suggested this could impact habitat for the endangered Barton Springs and Austin blind salamanders.
On that basis, SOS Alliance filed a civil lawsuit in 2019 asking the courts to strike down the permit.
In 2020, a Texas District Court judge ruled in favor of the SOS Alliance. But the City of Dripping Springs appealed, and that court narrowly decided in favor of the city. SOS Alliance then submitted a petition for review to the Texas Supreme Court, which heard oral arguments for the case on Oct. 1, 2024. The court’s decision upholding the permit was announced last Friday.
“While we are not surprised, we disagree on how the Court applied federal Clean Water Act standards that protect our highest quality, clean lakes, streams, and Gulf waters,” Bill Bunch, Executive Director of SOS Alliance, said.
Bunch said the group needs to digest the court's opinion before determining their next steps. Meanwhile, the city is making plans to move forward with expansion of its South Regional Wastewater System, according to Deputy City Administrator Ginger Faught.
“We have not been idly standing by; we cannot afford to do so,” Faught said. “We have our design and construction plans ready to go, and we are ready to bid the work. It’s long overdue for our community.”
The city said it plans to use the treated effluent to irrigate parks and open space. Officials said they have also signed contracts with various developments in the area to accept the treated effluent for their watering needs, rather than using potable water.
SOS Alliance said it will continue its work to protect Hill Country waterways like Onion Creek, and asked their supporters to do the same.
“Throughout this battle, Dripping Springs officials repeatedly insisted they had no intention to actually discharge their treated sewage into Onion Creek, that they only needed the permit as a back up,” Bunch said. “We now need the citizens of Dripping Springs and Hays County… to hold them to these promises.”
