A state district judge has affirmed the Bandera County River Authority and Groundwater District’s decision to limit groundwater production in a contested well permit case, concluding that the district acted within its legal authority and followed proper procedures.
The ruling follows a petition for judicial review filed by Vanderpool Management LP, which challenged the district’s decision to modify recommendations issued by administrative law judges through the State Office of Administrative Hearings.
The court heard arguments in the case Dec. 10. Attorneys for both Vanderpool Management and the groundwater district appeared before the court and announced ready.
In its judgment, the court found that the groundwater district was authorized under the Texas Water Code to make changes to the administrative law judges’ findings of fact, conclusions of law and proposal for decision.
The ruling specifically cited statutory provisions that allow a groundwater conservation district to modify or reject administrative recommendations when supported by the record.
The court further found that the district clearly explained its reasons and legal basis for the changes in its written order granting the permit applications.
The judgment states that the district’s decision was based solely on evidence contained in the State Office of Administrative Hearings record and not on outside information.
The court rejected claims that the district violated the Texas Open Meetings Act or its own rules during deliberations.
The ruling also found no improper interpretation of the law and no violation of district or SOAH procedures in reaching the decision.
In addition, the court determined that the district’s order granting applications, dated Feb. 27, 2025, was supported by substantial evidence.
Based on that finding, the court affirmed the district’s order in full.
The case was heard in the 198th Judicial District Court of Bandera County. The judgment was signed Jan. 16 by Judge M. Patrick McGuire.
Under the ruling, Vanderpool Management retains the right to appeal.
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