They Said They Wouldn’t. But They Tried. The Truth Behind SB 2660 and HTGCD’s Resolution
The Hays Trinity Groundwater Conservation District (HTGCD) was created to responsibly manage local groundwater resources—but the district has shown a troubling pattern of mismanagement, arbitrary science, inconsistent treatment of providers, frivolous lawsuits, and regulatory overreach that is now resulting in public backlash, and costly legal battles.
In July 2022, Aqua Texas, a water provider serving thousands in Hays County, invested more than $2.25 million to construct two new wells—proactively reducing reliance on the Jacob’s Well zone. However, they have not been allowed to relocate their pumping operations because HTGCD refuses to permit the new wells, preventing Aqua from moving away from Jacob’s Well as planned.
August 2022, HTGCD declared Drought Stage 4 with a required 40% curtailment, applying restrictions to water providers across the district.
HTGCD claimed from 2022–2023 Aqua overpumped by 90 million gallons and issued a $449,000 fine. When Aqua sought to appeal the fine and negotiate for equal treatment as other providers had received), HTGCD refused. Instead, the district publicly disparaged Aqua Texas, disclosed settlement details, and refused to renew their permits for 2024, threatening water access for over 3,000 customers.
HTGCD’s posture was not one of responsible regulation—it was one of retaliation and inconsistency.
HTGCD has enforced a permit moratorium since October 2022, tying permit availability to surface flow levels in the Blanco and Pedernales Rivers—a scientifically unverified and arbitrary measure that has no proven link to the Trinity Aquifer. This gross mismanagement has left many residents in limbo, unable to get permits or rely on water providers for future service.
In December 2023, after months of stonewalling, Aqua Texas filed a federal civil lawsuitagainst HTGCD and its Board of Directors, accusing them of exceeding their authority and unlawfully levying excessive fines.
Equal protection claims allege that HTGCD treated Aqua Texas unfairly compared to other water utilities, applying inconsistent and punitive enforcement without a lawful basis. Takings claims assert that HTGCD overstepped its authority and interfered with private property rights—a direct violation of the U.S. Constitution. These are not minor regulatory disputes; they strike at the heart of whether HTGCD has abused its power and acted unlawfully.
Federal courts do not allow these kinds of claims to proceed lightly. The fact that a judge allowed them to move forward is a strong indication that there is credible evidence of discrimination and government overreach—and that HTGCD’s actions may not stand up to legal scrutiny.
If Aqua Texas prevails on either of these constitutional claims, it will expose HTGCD to significant legal and financial consequences, and more importantly, it will confirm what many of us in Hays County already know: this district has lost sight of its mission and is operating with bias, and poor judgment.
In February 2025, the Hays Trinity Groundwater Conservation District (HTGCD) filed a lawsuit against Dripping Springs Water Supply Corporation (DSWSC), claiming the utility overpumped its allocation by 28 million gallons due to voluntary bulk water sales. However, bulk water sales represent only 17% of DSWSC’s total groundwater production—hardly enough to justify such a severe allegation on its own.
Speaking to DSWSC Leaders and Constituents in Defense of Fair Water Policy and Local Accountability
It appears this lawsuit was filed not because of a legitimate violation, but as a reactive attempt to defend HTGCD against mounting criticism. Aqua Texas had already accused the district of unfair and punitive treatment, and rather than addressing the concerns directly or applying consistent standards, HTGCD tried to create the appearance of fairness by targeting another utility. This is just one more example of poor leadership and mismanagement by HTGCD—one that is not grounded in sound science, consistent regulation, or common sense.
HTGCD has a track record of suing local water providers and discriminating against utilities, while refusing to issue permits to those serving our communities. In contrast, a neighboring groundwater conservation district has not filed a single lawsuit—demonstrating that collaboration and sound management are possible. Rather than working with local and state officials, HTGCD has chosen to go around your elected leaders, expand their authority through a back-door legislative maneuver, and place your access to water at risk.
Senate Bill 2660—a bill that expands government power, strips away critical protections for well owners, opens the door to new fees that function like hidden taxes, and significantly weakens transparency and fiscal safeguards within the Hays Trinity Groundwater Conservation District (HTGCD).
Their support for this deeply flawed legislation is not only misguided—it is a betrayal of the property owners, taxpayers, and families they were elected to serve. SB 2660 puts centralized power ahead of individual rights.
SB 2660 would have:
1) Authorized a New Groundwater Production Fee
HTGCD would be authorized to charge as much as 38 cents per 1,000 gallons—a rate six times higher than that of a nearby groundwater district—and potentially even more if tied to fluctuating surface water costs.
That means many private well owners could soon face new charges for water they use on their own property.
2) Repeal Key Legal Protections
Section 8843.057
Section 8843.057 of the Special District Local Laws Code ensures that directors of the Hays Trinity Groundwater Conservation District—including the Executive Director—do not receive a salary, other than reimbursement for actual meeting-related expenses. This provision is in place to protect taxpayers and maintain public trust, ensuring that those who serve do so with the community’s best interest at heart—not for personal financial gain.
Section 8843.104
The proposed repeal of Section 8843.104 of the Texas Special District Local Laws Code would strip away key protections for property owners in the Hays Trinity Groundwater Conservation District (HTGCD).
This section currently ensures that domestic and agricultural wells are exempt from being metered, permitted, or charged fees by the district. It also protects your private property rights by preventing the district from entering your land to inspect an exempt well without your permission.
If this section is repealed:
The district could begin metering domestic wells, even if they serve just one household.
Property owners could be charged well construction or usage fees for water they use on their own land.
The district could enter your property to inspect your well without your consent.
Supporters of this repeal say they’re not raising taxes—but a fee is still money out of yourpocket, and for most families, there’s no practical difference between a new tax and a new fee.
Section 8843.105
Right now, the law protects rural homeowners, farmers, and ranchers by ensuring that HTGCD cannot impose tougher construction standards on private household wells than those already set by the state. If this Section 8843.105 was removed:
HTGCD would be able to mandate meters on small, exempt wells, increasing regulatory burdens and potential costs on property owners.
It opens the door to future fees or usage-based charges tied to the data collected by those meters.
Section 8843.106
Section 8843.106 of the Texas Special District Local Laws Code ensures that any election held by the HTGCD — outside of director elections — must take place during a May or November general election, when voter turnout is highest. Repealing this section would:
Allow important decisions — including potential fee increases or policy changes — to
be decided during low-turnout, off-cycle elections that most voters don’t know about
or participate in.Reduce transparency, limit public input, and weaken the voice of everyday citizens.
Section 8843.154
Section 8843.154 simply establishes common-sense financial safeguards for how public money is spent. This provision ensures:
Any money disbursed by the district must be approved by two directors or one director and the general manager — a basic internal control that promotes accountability and transparency.
Repealing this section could weaken oversight and raise concerns about how taxpayer dollars are being managed.
HTGCD hired a lobbyist to push this legislation. SB 2660 was filed without the knowledge or support of their State Representative or Senator, was a blatant attempt to expand their authority, increase fees, remove property owner protections, and weaken financial safeguards.
It is clear that Senate Bill 2660 was never just about managing the Trinity Aquifer—it was about granting HTGCD sweeping and unnecessary powers and access to more of your hard earned tax dollars. While Chapter 36 of the Texas Water Code provides tools for responsible groundwater management, it was never intended to empower districts to become bloated regulatory entities with unchecked authority over private property — all under the guise of conservation.
On the Senate Floor, Senator Campbell fought tirelessly on behalf of the people of Hays County, successfully securing an amendment to Senate Bill 2660 that addressed many of the serious concerns we shared about the bill’s potential impact. Her efforts substantially reduced the burdens it would have placed on Hays County residents. However, when my team learned that a House committee substitute threatened to reverse those hard-fought protections and revert the bill to its original, more harmful form, I took immediate action to stop it. I stood firm to protect our constituents and uphold the principles of transparency, accountability, and local control. I want to thank the House committee chairman who played an instrumental role in ensuring the bill did not move forward in its flawed form and for allowing me to represent the people I serve.
After I successfully stopped SB 2660 from advancing, HTGCD and their allies in Austin didn’t stop. Instead, a non-germane amendment containing provisions from SB 2660 was quietly slipped into an unrelated bill on third reading in the Texas House. This amendment created a new tax solely within the boundaries of the special purpose district in western Hays County, undermining the will of many residents in House District 73 and enabling several of the very actions HTGCD now claims it would never pursue.
The amendment was never debated, never explained clearly on the House floor, and neither the House, nor I, nor the affected water supply corporations had any idea what it contained until after the fact.
The amendment will:
Impose massive new groundwater production fees—exceeding current statutory caps and charging up to six times more than a neighboring groundwater district—with automatic 5% annual increases that continue indefinitely.
Authorize a “connection fee” of up to $1,000 per water meter—effectively an unconstitutional tax due to lack of required public notice.
Allow metering of previously exempt private wells, including those used for homes and agriculture.
Permit HTGCD staff to enter private property without landowner consent.
Repeal protections for hundreds of domestic wells, violating long-held private property rights.
These sweeping powers and fees were not sought by the vast majority of Hays County residents. They were introduced at the last minute by a member from Fort Worth with no ties to our community. It violates the spirit of transparency and disrespects the integrity of the legislative process.
HTGCD did not consult with me, the duly elected State Representative for House District 73, or with our Senator. Instead, they chose to work around us—and around the public—to advance legislation that could harm landowners, well owners, and water providers across our community.
HTGCD recently passed a resolution outlining what they claim they will not do: impose new taxes, meter private wells, enter property without consent, or limit legal water access — the exact things SB 2660 would give them the power to do. Their resolution reads more like damage control than a sincere commitment. If they truly never intended to meter private wells, impose new fees, or bypass public input, then why did they lobby for a bill that gave them exactly that authority? Texans deserve more than posturing—they deserve honesty and accountability.
And if this legislation becomes law, what guarantees do we have that future board members won’t exercise the full extent of these powers? Once authority is granted, there’s no safeguard against future overreach — especially from a board that has already shown a willingness to sidestep public trust.
Texans see through this kind of double-talk. Trust is earned through transparency, not after-the-fact resolutions in response to public backlash.
I appreciate that HTGCD has now aligned with me in opposing both Senate Bill 2660 and the amendment added to Senate Bill 1253. Their recently adopted resolution explicitly rejects the core provisions contained in both measures, reinforcing the very concerns I have raised on behalf of my constituents.
I along with 40 of my colleagues have asked Governor Abbott to veto this legislation. I will continue standing up for our property rights, for water access, and for the kind of local control that is accountable to the people—not just convenient when it’s politically expedient.
Access to water is not a luxury—it is a necessity for every household, farm, and business in Texas. As a member of the Texas Legislature and the House Water Caucus, I have consistently championed smart, forward-thinking water policies that protect property rights, promote conservation, and strengthen our long-term water security.
When I raise concerns about a piece of legislation like Senate Bill 2660, it is not because I oppose groundwater regulation—it is because I believe Texans deserve local control with accountability, not bureaucratic overreach. I believe in groundwater management that works with communities, not against them.
Here are just a few examples of the water-related legislation I have joint authored, coauthored, or help pass this session:
Supporting Water Providers and Transparency
HB 29 (Isaac Co-Author): Increased accountability for municipally owned water utilities by requiring reporting of water losses to the Texas Water Development Board.
HB 2080 (Isaac Joint Author): Required the Texas Commission on Environmental Quality to review the duties of groundwater conservation districts—ensuring oversight, fairness, and consistency.
Groundwater Planning and Long-Term Management
HB 2078 (Isaac Joint Author): Strengthened the joint planning process for groundwater management areas—an important step in making sure water management is based on science and local needs.
Incentivizing Water Conservation for Property Owners
HB 1256 (Isaac Joint Author) / HB 3637 (Isaac Joint Author) / HJR 88 (Isaac Joint Author): Authorized property tax exemptions for homeowners who install water conservation systems, including rainwater harvesting and greywater reuse.
Holding Districts Accountable
HB 5560 (Isaac Co-Author): Raised penalties involving groundwater districts—a bill I co authored to ensure consistency and accountability in how penalties are enforced across the state. If entities over pump a shared resource, they must pay for their takings just as any other entity.
Promoting Responsible Use and Equity
HB 517 (Isaac Joint Author): Protected property owners from being fined by HOAs during watering restrictions—ensuring residents aren’t penalized for conserving water during droughts. Also removes the requirement to install and maintain green lawns during droughts.
SB 1855 (Identical to HB 5325 by Isaac): Tightens and standardizes groundwater verification for new subdivision development, mandates denial of plats lacking proper evidence of available groundwater, empowers counties in critical water regions, and phases in implementation with TCEQ-guided rules. This bill passed the Senate and House committee however unfortunately died in the House Calendars Committee, the need for clear, enforceable groundwater policy is not going away—and neither am I. I’ll continue fighting for accountable, responsible growth that protects our water and our way of life.
Investing in Water Infrastructure
HJR 7 (Isaac Co-Author): Proposed a constitutional amendment to dedicate a portion of state sales tax revenue to the Texas Water Fund—a major step in securing water infrastructure funding for the future.
These bills reflect my clear commitment to water access, water rights, and water security. I will continue to fight for policies that respect local needs, protect private property, and ensure every Texan can rely on a safe and affordable water supply—without fear of political gamesmanship or regulatory abuse.
If you care about protecting your property rights and securing our water future, I encourage you to get involved and hold the Hays Trinity Groundwater Conservation District accountable. They hold regular public meetings every other month, typically on the first Thursday of even-numbered months.
This is your chance to ask questions, voice concerns, and make your voice heard. Too often, decisions are made when no one is watching. Let’s change that. Speak up. Stay engaged. Your involvement matters now more than ever.
You can view HTGCD’s meeting notices here, and their full website here.
Let’s work together to build a water future that is sustainable, accountable, and grounded in common sense.