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Aqua Texas sues Hays County groundwater district over a nearly $450 million overpumping fine

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Aqua Texas sues Hays County groundwater district over a nearly 0 million overpumping fine


Aqua Texas, a water utility company that services more than 3,000 customers in Hays County, filed a federal lawsuit late last month against the Hays Trinity Groundwater Conservation District alleging unequal treatment following fines imposed for overpumping.

The lawsuit is the latest development in a year-long battle between the company and the district.

Last spring, the Hays Trinity Groundwater Conservation District fined Aqua Texas for nearly half a million dollars for pumping almost twice the amount of water it was allowed in 2022 out of the Trinity Aquifer, which feeds Jacob’s Well and Blue Hole Regional Park.

Both landmarks reached record-low water levels last summer. Hays Trinity Groundwater Conservation District officials say overpumping by Aqua Texas contributed to the spring-fed pools running dry.

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But in its lawsuit, Aqua Texas said it could suffer “a possible permanent loss of its valuable property rights in its groundwater” due to the penalties imposed by the groundwater conservation district, which could include an end to its business in the area.

What the lawsuit says

In April, the Hays Trinity Groundwater Conservation District said Aqua Texas was allowed to pump 102 million gallons in 2022. But, the company went over by 89 million gallons.

So, the groundwater district charged Aqua Texas a rate of $5 per thousand gallons produced above the permitted amount.

Aqua Texas ignored its May deadline to pay the fine; district officials said they wouldn’t renew the contract with Aqua Texas until it was paid.

The company and the groundwater district entered negotiations shortly after, but the utility company continued to refuse to pay the penalty.

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Now, Aqua Texas is suing the groundwater district. In its lawsuit, Aqua Texas said the fine was targeted toward the company, as the district has forgiven permittees for overpumping in the past.

Aqua Texas is also accusing the Hays Trinity Groundwater Conservation District of “unlawful and unequal treatment,” as well as barring “continuous and adequate water service to its customers.”

In a statement to KUT News, Charlie Flatten, general manager of the Hays Trinity Groundwater Conservation District, rejected Aqua Texas’ claims and said that “in no instance will the Hays Trinity Groundwater Conservation District ever force Aqua Texas to shut its wells down or prohibit delivery of water to its customers.”

But, he said, Aqua Texas is currently operating illegally because it has yet to renew its permit for 2024.

Flatten also pushed back against the claims of “illegal” penalties. However, he acknowledged the district regularly reduces the fines imposed to permit violators in cases where pipes break due to extraordinary freezes or when corrective action is implemented.

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“Aqua Texas has not abided by its permit from the District and has failed to keep its infrastructure in shape, resulting in the ongoing overproducing of its permit,” Flatten said in a statement. “This is to the detriment of the citizens of Wimberley and Woodcreek, including Aqua’s own customers, who do their best to conserve.”

Aqua Texas claimed it has already spent millions of dollars — far more than the $448,710 penalty — to replace old and broken pipes after a leakage report showed the company lost as much as 32% of its water to leaks in 2022.

The utility company said other Hays County utilities and well operators have been allowed to use conservation and infrastructure investments to earn forgiveness on penalties, but the groundwater district hasn’t given the same liberties to Aqua Texas.

Flatten told KUT News it’s unclear whether Aqua Texas’ decision to improve its infrastructure is a conservation effort or something that would be considered regular maintenance.

Impact to Jacob’s Well

The ongoing fight between the Hays Trinity Groundwater Conservation District and Aqua Texas has received attention, in part, because of its impact on Jacob’s Well and several local waterways.

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Flatten said the population in western Hays County — the location of Jacob’s Well — “has doubled in the last 20 years, and the local Trinity Aquifer is at its lowest recorded levels.”

The Trinity Aquifer is the main waterway feeding Jacob’s Well, which stopped flowing last year for the sixth time in its recorded history.

Aqua Texas President Craig Blanchette said his company has taken measures to lessen the impact on Jacob’s Well. The company has bought land outside the region to tap into a different aquifer and lessen the strain on the Trinity Aquifer.

He said his company is focused on reducing “reliance on water used within the Jacob’s Well Groundwater Management Zone, while maintaining our obligation to our customers to provide them with a clean, safe and reliable supply of water.”

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Andrew McCutchen, 39, and the Texas Rangers agree to a minor league contract, AP source says

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Andrew McCutchen, 39, and the Texas Rangers agree to a minor league contract, AP source says


The Texas Rangers and veteran outfielder Andrew McCutchen agreed to a minor league contract on Thursday, a person with knowledge of the deal told The Associated Press.

The person confirmed the agreement to the AP on condition of anonymity because the contract had not been finalized and a physical exam still needed to be completed. The 39-year-old McCutchen would make $1.5 million this season while playing in the major leagues if he’s added to the 40-man roster, the person said.

McCutchen has three weeks of spring training to show the Rangers he’s worth a spot. They’re well-positioned in the outfield with rising standouts Wyatt Langford in left field and Evan Carter in center field and veteran newcomer Brandon Nimmo in right field.

Still, Carter was limited by injuries to 63 games in 2025, so depth is a concern that McCutchen could help alleviate. His right-handed bat could also serve as a natural complement at the designated hitter spot, where left-handed hitter Joc Pederson is slated for the bulk of the playing time.

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McCutchen played the last three seasons for the Pittsburgh Pirates, the club that drafted him in the first round in 2005 and promoted him in 2009 for his major league debut. McCutchen played his first nine years in MLB with the Pirates, making five straight All-Star teams and winning the 2013 National League MVP award while becoming one of the most popular players in that franchise’s history.

McCutchen bounced around with four other teams between 2018 and 2022, before reuniting with the Pirates. He played in 135 games last season, with 13 home runs, 57 RBIs and a .700 OPS. When the Pirates reported to spring training last month, general manager Ben Cherington publicly kept the door open to bringing back McCutchen, but the signing of veteran Marcell Ozuna effectively eliminated a spot on their roster for him.

“No matter what, Andrew’s a Pirate and certainly our desire will be to continue to have a really strong relationship with him into the future, whatever that looks like,” Cherington said then.

AP Baseball Writer Ronald Blum contributed to this report.

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More severe weather possible in North Texas on Friday

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More severe weather possible in North Texas on Friday


Severe storms are moving across North Texas Wednesday night with strong winds and hail in parts of Kaufman and Wise counties. A brief break arrives on Thursday before a higher threat for large hail, damaging winds, and isolated tornadoes returns Friday.



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Democrat James Talarico wins Senate primary in Texas

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Democrat James Talarico wins Senate primary in Texas


AUSTIN, Texas (AP) — James Talarico did not mention Donald Trump when he greeted exuberant supporters at his primary night celebration.

But the newly minted Democratic U.S. Senate nominee in Texas is now a front man for the political opposition to the Republican president, not just in his own state but around the country. With his victory over U.S. Rep. Jasmine Crockett, the state lawmaker from Austin will test whether a smiling message of unity and change is enough to answer voters’ frustrations amid discord at home and now a war abroad.

READ MORE: What to watch in the consequential Senate primaries in Texas

“We are not just trying to win an election,” Talarico told supporters in the Texas capital early Wednesday. “We are trying to fundamentally change our politics, and it’s working.”

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The campaign provided “Love thy Neighbor” signs to people in the crowd.

The question for Talarico as he heads into the general election campaign is whether he can generate enthusiasm from voters who opted for Crockett because they saw her as the more aggressive fighter against Trump. Crockett conceded to Talarico on Wednesday morning, saying that “Texas is primed to turn blue and we must remain united because this is bigger than any one person.”

Talarico will need all the help he can get in a Republican-dominated state where Democrats have gone decades without winning a statewide race. He will face either U.S. Sen. John Cornyn or state Attorney General Ken Paxton, who advanced to a Republican runoff on Tuesday.

Conventional political wisdom has it that Talarico was the stronger Democratic candidate in November, especially if Republicans nominate Paxton, a conservative firebrand who has weathered allegations of corruption and infidelity over the years.

WATCH: What’s at stake for Democrats and Republicans in the Texas Senate primaries

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Although Democrats are often choosing between moderate and progressive candidates in primaries, they faced a largely stylistic choice in Texas.

Talarico, 36, is a Presbyterian seminarian who quotes Scripture and rarely raises his voice. Crockett, 44, is an unapologetic political brawler who hammers Trump and other Republicans with acidic flourish.

Both have been reliably progressive votes in their current roles and telegenic faces across cable news and social media. Both represent generational change for a party with aging leadership. Each called for a more equitable economy and society. Each talked about bringing sporadic voters into their coalitions.

But Talarico’s broader argument is one that he could have made regardless of whether Trump was in the White House. Talarico’s campaign, he said often, is about addressing a country whose fundamental divide is not partisan but “top vs. bottom.” He regularly assails the rise in Christian nationalism. A former teacher, he has advocated for public education –- and against Texas conservatives’ policies to restrict curriculum and reshape how U.S. history is taught.

“He’s just a good friend and he’s a serious advocate for the disenfranchised and a serious policymaker,” said Lea Downey Gallatin, 40, an Austin resident who became friends with Talarico when they interned together for a congressman.

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Crockett promised Democrats that she could increase turnout within the party’s base, while Talarico campaigned on the theory that he could pull new people into the party’s tent.

“I can’t tell you how many have come up to me, whispering that they’re not a Democrat,” Talarico said as he campaigned in San Antonio in the closing days of the primary campaign. “I can’t tell you how many young people have said it’s the first time that they’ve ever voted, and that they are participating for the first time.”

As he strolled through the city, Talarico posed for pictures and greeted the singer of a Tejano band playing nearby. He later spoke to hundreds of people at the historic Stable Hall, a 130-year-old circular structure built for showing horses and now a converted event center. Hundreds more, unable to get into the full event, wound around the corner and along the sidewalk for blocks.

Inside, Lori Alvarez, a 39-year-old who works for a disaster relief nonprofit, said she supported Talarico because “he really listens to what we need.”

“I think he’s going to be able to make change in Washington for us,” said the married mother of three young girls.

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Yet that was not what attracted so many voters to Crockett.

Troy Burroughs, a 61-year-old Navy retiree, called Crockett “rugged” and “the only one I see fighting for us.”

He added: “I like how she doesn’t back down from anybody.”

Burroughs said some voters probably saw Talarico as more electable because he is more soft-spoken. But, he said, “We’ve got to get into the gutter with these folks, because that’s where they are.”

Talarico, meanwhile, keeps fighting his own way.

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“Tonight, the people of our state gave this country a little bit of hope,” he said Tuesday, “and a little bit of hope is a dangerous thing.”

Barrow reported from Atlanta, Figueroa from Austin, Texas, and Beaumont from San Antonio.

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