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Supreme Court to Review Onion Creek Discharge Case and Hays Commons Development Threatens the Springs

10/1/2024

 
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SOS Goes to Texas Supreme Court Tuesday, October 1stTOMORROW, Tuesday, October 1st, the Texas Supreme Court will hear arguments in Save Our Springs Alliance v. Texas Commission on Environmental Quality. This case could decide the future of Onion Creek, the primary source of recharge for Barton Springs, as Dripping Springs seeks permission to dump over 800,000 gallons of treated sewage daily into the creek.

Earlier this summer, the Court agreed to review the case, a rare move and a significant step in our fight to protect the region’s water quality. A favorable ruling would overturn the Court of Appeals' 2:1 decision against us.

The stakes couldn’t be higher. If we lose, the creek—and Barton Springs—could face irreversible damage. This is one of the rare cases the state’s highest court agreed to hear, so it’s a crucial opportunity to defend the integrity of our region’s water.
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Please consider joining us in court tomorrow, Tuesday, October 1st at 9am. Oral arguments begin promptly at 9:00 a.m. and are held in the SUPREME COURT BUILDING at 201 W. 14th Street (corner of 14th & Colorado). The Courtroom is located on the First Floor and parking is available in the State Visitor Parking Garage at 1201 San Jacinto, across the street from the Texas State Library and Archives. You can also watch the live stream here. 
Thank you for your support!
DONATE TO SOS LEGAL FUND
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Help us Say "NO" to an SOS Ordinance Amendment for Hays Common!
Developer "Milestone" has proposed a new mega-development referred to as "Hays Commons" over the Edwards Aquifer Recharge Zone (EARZ). This 497-acre development (southwest of the intersection of RM1626 and SH 45 SW) would put hundreds of new homes, along with new shops/businesses, in an area that our community has spent decades trying to protect--the Edwards Aquifer Recharge Zone.

On Wednesday, October 2nd, the Austin Environmental Commission will consider a request of Milestone to initiate an amendment to the Save Our Springs Initiative Ordinance (the "SOS Ordinance"). This amendment would include raising the allowable impervious cover for the site from 15% Net Site Area to 25% NSA, increasing the amount of pavement allowed on the property by dozens of acres of impervious cover.

The SOS Ordinance protects groundwater from pollution in two important, inter-related ways: reducing the total impervious cover allowed on the site and requiring water quality treatment. These two provisions worth in tandem with one another to achieve non-degradation of the water before it makes its way into the Edwards Aquifer, which lacks natural filtration. 

The Edwards Aquifer Recharge Zone, which is the most environmentally sensitive area of the aquifer has the lowest limit of 15% Net Site Area. This is an intentional feature of the SOS Ordinance, as pollution discharged into this area of the Recharge Zone will make its way directly into Barton Springs (home to the endangered Austin Blind and Barton Springs Salamanders) within only 3-5 days. 

Changes in water quality would have a disastrous impact on groundwater quality and on these species. Raising impervious cover in this area will increase pollutants upstream of Barton Springs, increasing the risks of exposure of the salamanders to pesticides, fertilizers and other pollutants. 

Milestone is threatening the City of Austin. If the City doesn't provide it with water and wastewater, it will leave the City's jurisdiction and attempt to get permits to dump its sewage into Little Bear Creek and the Recharge Zone through spray irrigation. We need the City of Austin to hold strong and not give into these threats.  

For decades, we've been fighting behind the scenes to stop developments like this one. The SOS Ordinance is Austin’s strongest defense against reckless urban sprawl over critical water resources, and now it’s under attack. The Hays Commons proposal would lead to increased infrastructure costs, environmental degradation, and irreversible harm to our springs and creeks. We can’t let that happen.
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Take action today by writing to the Environmental Commission and urging them to vote NO on the Hays Commons request to initiate this amendment to the SOS Ordinance. Read more about the proposal and write in using the button below.
SPEAK UP FOR BARTON SPRINGS
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BSU VOLUNTEERS NEEDED - Tuesday, October 22nd

Join us for Barton Springs University Day and help guide students through an immersive experience in water conservation and environmental science! Multiple shifts available, with paid opportunities for BSU Guides to assist classes as they explore hands-on activities and sessions.
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Be a part of this incredible event while making a positive impact!
VOLUNTEER SIGN UP HERE

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p: 512-477-2320 |  f: 512-477-6410
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201 Menchaca Rd. Austin TX 78704

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