We have developers that initially petitioned for the creation of a water control and improvement district per Tex. Water Code section 51.014 and 51.016. The proposed development would be in a remote section of our county, well outside of the growth pattern of any of our cities. Based upon a finding that the creation of the district would have a detrimental affect on our county, the commissioners court denied the petition.

Rather than appeal the decision of the commissioners court to our district court, as set forth in Chapter 51, the developers have sought a TPDES permit from the TCEQ to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 410,000 gallons per day. The developers claim this procedure is authorized under Chapter 26 of the Water Code and Chapter 307 of Title 30 to the Texas Admin. Code. However, this seems like an attempt to circumvent the decision of our commissioners and the purpose of Chapter 51. TCEQ has scheduled a public hearing. I am inquiring if any of you have dealt with any of this and/or have any advice.