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Why would the GOP attack Texas' minor parties, the Libertarians and Greens, rank-choice voting and try to harm independent candidates? Taking no chances as Texas becomes more competitive, the GOP establishment is on track to ram legislation that will disempower five million Texans who identify as independent. We will review the bills for you on Monday night with THE ballot access expert in the US, our friend Rich Winger. We will also suggest a course of action for us all to join forces. Sign up to join us online on Monday night here. We'll see what else gets filed today, the last day to file most bills. And, then there are the tricks of the legislative trade we will face with amendments. Perhaps the driving force behind the GOP's attack bills on minor parties is their intention to nip new and potentially more competitive parties like the Foward and No Labels parties in the bud. Sign up to join us on Monday and bring some independent-minded friends. We could care less about their party affiliation (regardless of the primary in which they may vote) so long as they want more (not less) electoral competition. Enjoy this from Independent Texans PAC on another GOP foot-shooting: Congressman Tony Gonzales, RINO or Independent Texan?

Let LIV un-confuse you. Join us next Monday night's, March 13, at 7 pm for our forum "The Good, the Bad, and the Ugly Bills" in this legislative session. Bring 3 bills you love or hate. We'll give you 1-minute to pitch each of them. Sign up here to attend. What's a Democrat, What's a Republican? Dallas Democratic State Senator, Nathan Johnson , has boldly filed Senate Joint Resolution 25 (SJR25, a constitutional amendment giving Texans the right to petition for a public vote on statewide initiatives and referendums (I&R). The Texas Democratic Party has long opposed I&R, while the Texas GOP long supported it until 1994 with the election of Governor George W. Bush. That's when the GOP took I&R out of their platform. LIV has THE scoop! More legislators need to step up with Johnson before the filing deadline on Friday, March 10th. Help us find good Dems and good Repubs to work together for all! READ AND SHARE OUR FLIER ON SJR 25 HERE! Then call your State Rep. and ask to speak to their Legislative Director or Chief of Staff, get their name, and make the ask. Ask your Rep to support SJR 25. Let us know how it went, please! Setting More Confusion Straight: On Saturday, the Texas GOP censored South Texas Republican Congressman Tony Gonzales (R-CD23) for his independence in representing his district., Gonzales made the cardinal sin of supporting new gun safety laws after the Uvalde shooting . The GOP censor frees the GOP to now "primary" him in 2024, targeting him for defeat. LIV PS: See Congressional District 23. There are more independents in this district than most anywhere in Texas. Map ===> The Democratic Mayor of Austin, Kirk Watson , tried and failed as a State Senator to harm Texas voters' right to petition. Now, as Austin Mayor -- again -- he is on a tear to damage the petition rights passed by Austin voters in 2012. See KXAN report. LIV will be following this story. Newly elected House District 17 Republican State Representative Stan Gerdes (R-Smithville) gave us a pleasant surprise. Gerdes filed House Bill 3398 , which would allow citizens to petition for zoning options in high-growth counties! (more below) ••••••••••••••••••••••••••••••••• More on Groundbreaking Legislation -- HB 3398 -- introduced by Rep. Stan Gerdes! Watch Carol Spencer pitch it to the Bastrop Commissioner's Court! LIV is thrilled that this bill -- HB 3398 -- is in the Texas Legislative hopper . The bill was brought to Gerdes by Bastrop Republican activist Carol Spencer (see video). The bill has important implications for counties adjacent to municipalities of one million or more people by granting limited zoning power to county government! Please note the provision that each county's voters will have to petition for and then pass the legislation locally. Additional LIV News Picks: ICYM The Austin Bulldog : City Staff Fails to Stop Mayor from Misusing City Resources , we might add, leading to criminal complaints as Adler exits as Watson takes the helm. What do Texans want in this session? See this excellent Texas 2036 poll . LIV-Indy How To's Remember, March 10th is the filing deadline for most bills. Make your calls immediately using Texas Legislature Online OR call LIV for directions at 512.213.4511. Use Who Represents Me to find your elected officials in state and federal government. LIV-Indy Calendar Wednesday, March 8, 6 pm & March 21, 7 pm. Two Important Speak for the River Events, in Bastrop details here Monday, March 13th, 7 to 8 pm, LIV-Indy Online Forum , "The Good, the Bad and the Ugly Bills" Farm and Ranch Freedom Alliance Lobby Days! details here Wednesday, March 15, 2023 Wednesday, April 12, 2023 Wednesday, May 10, 2023 May 1 , 8:30 am to 5:30 pm, Protect our Water Golf Tournament, Central Texas Water Coalition, The Hills Signature Course. More HERE

Rattlesnake Roundup at the Texas Capitol, February 13, 2023, by the Sweetwater Jaycees.

Will the EPA Protect Our Water if Texas Won't? • In Memory of David Van Os, working class hero • Media Whistleblower, Jeff Gerth, Columbia Journalism Review & more independent journalism news! Photo Credit: Dietmar Rabich, Wiki Commons LIV-Indy News! Texas independents at LIV mourn the passing of our friend and ally , progressive populist labor and civil rights attorney, David Van Os . The video series David did with TCU in 2016 is a wonderful living history of Texas and Van Os. We continue to organize in David’s memory and hope to see you at his life celebration in San Antonio on February 19 and/or his celebration in Austin on February 26. MORE: I n Memory of David Van Os, Texas working class hero . Will the EPA protect our water if Texas won't? In September 2021 twenty organizations advocating for clean water and air protections in Texas blew the whistle to the EPA (Environmental Protection Agency) on the TCEQ (Texas Commission for Environmental Quality). On January 24 the complainants received an answer indicating the EPA is taking their petition seriously. EPA has, like our industry-captured state agencies (the TCEQ and the Texas Railroad Commission), failed to protect our water and land. Release: “ Take Corrective Action or Risk Losing Authority Over Clean Water and Clean Air Programs .” As well, we thank The Texas Tribune for this article by Alejandra Martine on February 1: Environmental Advocates push feds to investigate Texas' enforcement of water quality . The News That Prints to Fit , by Linda Curtis at IndyTexans.org . The 30-year NY Times retired veteran investigative reporter, Jeff Gerth, on January 30th, blew the whistle in the prestigious Columbia Journalism Review on falsified evidence used for three years in the Russiagate investigation by the NY Times and others. So far, the Times and other relevant major media outlets have said bupkis. This is why Texas independents are doing our part to share this important story with you. Austin’s new boss doesn’t have to be the same as the old boss . Recently elected Austin Mayor Kirk Watson served as Austin Mayor between 1997-2001. That's when Watson put the fix in for his donors in big real estate pressing the pedal to the metal on unfettered growth subsidies. Did Watson's misplaced priorities exacerbate the impact of climate events like the recent ice storm in Austin on February 1? Over 2,000 households were still without power on the 7th day from the storm. That is a question we at LIV are asking, not an answer. Because if anyone can solve Austin's problems, Watson is quite capable, if he gets down to it. Meanwhile, in case you missed it, we suggest you read Part 2 of Paul Robbin's series -- LIV's pick for "Energy Series of the year." Austin Retail Rate Shock: Paul Robbins, Part 2 . Texas Water, the Deep Dive Unquestionably, Texas water will be front and center in the 88th Legislative Session. The Lege started on January 10 and ends on sine die, May 31st, 2023. Committees in both chambers are now set. The Texas House Committees are HERE and the Texas Senate Committees are HERE . Is Texas governance so broken that we will fail to act wisely on how to use a $33 billion surplus to save our most precious resource -- water? We put the Texas Living Waters article first on the list below. It's a clear overview of the challenges and solutions for us regular folk. Here's your water legislative homework, Texas independents! We put the Texas Living Waters piece first on the list to give you a great overview of the challenges and solutions. Texas Living Waters : It’s Time for a Water Session at the Legislature , by Jennifer Walker, National Wildlife Federation and Suzanne Scott, The Nature Conservancy. News Release: Texas’ New House Water Caucus Gains Twenty-Nine Members, Holds First Meeting , for a total of 68 Texas House members. We hope to see you at the February 27 Texas Water Day at the Capitol – see our calendar section. Important Water News from The Texas Tribune and more. The citizens of the east Texas small town of Paxton have a tough fight to protect their water given how the Texas Railroad Commission is handling it. In East Texas, a town fights to keep an oilfield waste dump from opening near wetlands and water wells , and Company that wants to build oilfield dump in East Texas gave $53,750 in campaign donations to regulators . Can Texas learn from the failures seen throughout the West, like this one in Utah’s Salt Lake ? Or this one, as the water is cut-off in Scottsdale, Arizona . LIV-Indy Calendar of Events We hope you will visit with Legislators either at the Capitol or at their home office in your community. You might consider joining in your “County Day” at the Capitol. We suggest you contact your local chamber of commerce or your county officials for the information. Farm and Ranch Freedom Alliance Lobby Days! For farmers and consumers (that’s everyone!), we highly recommend you attend any of these lobby days sponsored by the Farm and Ranch Freedom Alliance! Go here for the whole dish on the dates below! Monday, February 13, 2023 Wednesday, March 15, 2023 Wednesday, April 12, 2023 Wednesday, May 10, 2023 February 19, 2 - 7 pm, Celebration of the life of David Van Os, Magnolia Gardens on Main, 2030 N. Main Avenue, San Antonio 78212. February 22 , Bastrop County Day at the Capitol, sponsored by the Bastrop Chamber of Commerce. More HERE . February 26, 2 - 7 pm, Celebration of the life of David Van Os, Eastwoods Park, 3001 Harris Park Ave., Austin 78705. February 27 , Texas Water Foundation Water Day , Texas Capitol . Let us know here at LIV if you need a ride or want to offer one. February 28 , Lee County Day at the Capitol, sponsored by the Giddings Chamber of Commerce, More HERE . May 1 , 8:30 am to 5:30 pm, Protect our Water Golf Tournament, Central Texas Water Coalition, The Hills Signature Course. More HERE

Photo Credit: Civil Rights in Black & Brown Oral History Project at TCU accessed here . David Van Os , who passed away on January 3, 2023, after several years of struggle with cancer, will remain in our hearts and minds at LIV. He was truly a hero for the Texas working class as a dogged labor and civil rights attorney. David was a captivating speaker with deep roots in Texas and a profound knowledge of Texas history. He was interviewed in this mesmerizing video series by the Civil Rights in Black & Brown Oral History Project. David’s wife and longtime compatriot, Rachel Barrios Van Os, posted this on her Facebook page, receiving well over 400 comments as more continue to stream in : “David was a life-long Attorney and Advocate Of, By, and For the People since 1976, and he represented and fought long and hard for our Labor Union friends and families for over 45 years.” A LIV founder, Linda Curtis, said this about David: “In 1992 when we first met, David was a true-blue progressive populist. He never became a phony like too many progressives these days. He was also brilliant and independent, despite his lifelong commitment to the Democratic Party. He was one of the few Democrats supporting an alliance with the independent movement. I will never forget him and his wonderful firebrand orations and his unadulterated decency.” There are two celebrations of life for David, who lived in Austin and San Antonio for many years. We hope to see you at either or both. Celebrations of Life for David Van Os Sunday, February 19, 2 – 7 pm Magnolia Gardens on Main 2030 N. Main Avenue San Antonio, TX 78212 Sunday, February 26, 2 pm Eastwoods Park 3001 Harris Park Ave. Austin, TX 78705 The San Antonio gathering : it will last longer than usual, but we have many family members and friends coming in from out of town, and we want to make sure we have time to talk and meet with everyone. We will have food catered with light refreshments and beautiful music. Our family looks forward to seeing those who plan to attend. Rachel has requested you to RSVP via Text message or phone call to 512-923-1032. Read David’s Wikipedia page here .

This brief LIV-Indy News boost is to encourage you go to the Capitol tomorrow, Monday, February 13th, to support our local food advocates at the Farm and Ranch Freedom Alliance (FARFA). Stay tuned for what you can do from home or reach out to Linda Curtis tomorrow at 512.213.4511. DETAILS HERE @ FARFA with thanks to Judith McGeary for her tireless efforts to support our local food growers and consumers. Y'all Come, ye Lee and Bastrop County residents! Lost Pines Groundwater Conservation District Meeting, Wed., Feb. 15, 7PM, Giddings City Council Chambers 188 E. Richmond • Agenda Here At the January meeting, Lost Pines GCD, in response to a suit filed against them, decided to enter into negotiations with Gatehouse LLC for a mega-groundwater permit previously denied to Gatehouse. The original permit demand is for 28,500 acre-feet of groundwater (more than half the size of Vista Ridge). It's important for you to know the Board could take action. Also on the agenda is a presentation by Austin Water regarding Austin’s proposed Aquifer Storage and Recovery [ASR] project. Austin is studying a proposal to store treated water from Lake Austin & Lake Travis in the Carrizo-Wilcox Aquifer under Bastrop and/or Lee counties. During times of surplus, the treated water would be injected into the aquifer, and pumped out during times of drought. There are a lot of unanswered questions regarding the project’s impact on the aquifer and private property rights. Last year, Austin Water conducted presentations in Bastrop and Lee counties and online. This is the first time Austin Water has addressed the Lost Pines GCD. The presentation is the second item on the regular agenda, so you should arrive by 7PM if you wish to make a public comment. Got questions? Call LIV at 512.213.4511 or email us at contact@livtx.org. We also wish to clarify the brief statement about Austin Mayor Kirk Watson in our recent newsletter, which contained a confusing link to Paul Robbin's Part 2 energy series. The Robbins Series has nothing to do with the statement we made about the Mayor. The statement has been clarified on our blog to give Watson some slack, despite our skepticism. We repeat it below. "Austin’s new boss doesn’t have to be the same as the old boss . Recently elected Austin Mayor Kirk Watson served as Austin Mayor between 1997-2001. That's when Watson put the fix in for his donors in big real estate pressing the pedal to the metal on unfettered growth subsidies. Did Watson's misplaced priorities exacerbate the impact of climate events like the recent ice storm in Austin on February 1? Over 2,000 households were still without power on the 7th day from the storm. That is a question we at LIV are asking, not an answer. Because if anyone can solve Austin's problems, Watson is quite capable, if he gets down to it." Please do read Robbins " Austin Retail Rate Shock: Paul Robbins, Part 2.

In September 2021, twenty organizations advocating for clean water and air protections in Texas blew the whistle to the EPA (Environmental Protection Agency) on the TCEQ (Texas Commission for Environmental Quality). On January 24, 2023, the complainants received an answer indicating the EPA is taking their petition seriously. EPA has, like our industry-captured state agencies (the TCEQ and the Texas Railroad Commission), also failed to protect our water and land.* Release: “ Take Corrective Action or Risk Losing Authority Over Clean Water and Clean Air Programs .” As well, we thank The Texas Tribune for this article by Alejandra Martinez on February 1: Environmental Advocates push feds to investigate Texas' enforcement of water quality . *Update, February 10: LIV means not to imply that EPA will do nothing. But we also know that government is failing at all levels to get our priorities straight. Water, especially in the West, is a life and death issue. Joint action by the State of Texas and the federal government is needed. But independents are, honestly, skeptical given the war between the two parties that are increasingly leaving us regular Texans in the lurch.

Some of you young pups did not have the pleasure of witnessing former Vice President Spiro Agnew in action. Agnew was one of only two Vice Presidents to resign, the other being John Calhoun in 1832 . Spiro's speechwriter, William Saphire, wrote Spiro's most famous phrase. Back then, the "nattering nabobs" were radicals opposed to the Vietnam War. Who are the "nattering nabobs" today? We are those left without the political tools or opportunities to challenge two-partyism, America's political duopoly. That doesn't mean we shouldn't try, folks. Because in so doing we can identify other like-minded nabobs and try our best to transform the political landscape into something positive. LIV is working to unite the several million Texans who identify as independents, those with no party affiliation . What independent voters stand for is up for grabs. LIV wants to make sure that the "grabs" are for policies that sustain our resources (especially water and land) and our democracy. LIV is seeking new Board Members, Advisors and Members. Become one! Sign up, then call us at 512.213.4511 (no texts). Or email us at contact@livtx.org . Thank you! In This Issue: Sandow Lakes Hearing Goes to SOAH , Burleson County Tribune New President Named to Lost Pines , Giddings Times Part 1: Skyrocketing Utility Rates , Paul Robbins LIV's Picks for Additional News • The Austin Bulldog , " Austin's Got a $2 Million Mayor ." • Texas+Water, Interview with Sarah Stogner , oil and gas attorney, former candidate. • San Antonio Report , Lindsey Carnett, “ Even Without Lyle Larson, Texas lege poised to tackle tough water issues . ” Note: in last week’s LIV news we gave our Story of the Year recognition to Elena Bruess (SA Express-News) about Texas water loss, 43,000 acre-feet of which by the SAWS system nearly the amount pumped by Vista Ridge, the “San Antone Hose.”

This is a five-part series detailing energy utility bill hikes that affect everything from household budgets to the world economy. The series starts with an explosion at a fuel plant in Texas, “travels” halfway around the world and back, while reflecting on the legends of 18th century pirates. Paul Robbins is our consumer advocate hero of the year! Paul has, as a one-man powerhouse (pun intended) produced the Austin Environmental Directory since 1985. With deep appreciation for Robbins' decades of efforts, please read and share this, y'all. Part 1: Skyrocketing Utility Costs Part 2 : Austin Retail Rate Shock Part 3: Austin Energy’s Biased Rate Case Part 4: Power Piracy in Europe Part 5 : Taking Action Against High Energy Costs

Many thanks for permission to reprint this article from the Burleson County Tribune. LIV encourages our readers to subscribe to your local news providers, including the Burleson Tribune! By Roy Sanders, Burleson County Tribune, January 25, 2023 LIV Stock Photo: 2015 Water Meeting, Caldwell Civic Center, Burleson County A formal, full public hearing concerning two additional water drilling and operating permits for Sandow Lakes Ranch Property in Milam County will be conducted by the State Office of Administrative Hearings (SOAH) in Austin. The Post Oak Savannah Groundwater Conservation District (POSGCD) board was scheduled to hold the hearing on Thursday, Jan, 19, at the district office in Milano, but an attorney for Sandow Lakes objected, saying the district should only hear public comments and not conduct a full public hearing at that time-- addressing affected party status requests for landowners and witness testimony and cross examinations. Attorney Molly Cagle of Baker Botts LLP law firm of Austin made the objections, and the POSGCD board voted 5-4 to grant her request to submit the hearings to the SOAH. Voting for her request were board members Bob Wilson of Milam County, Tommy Tietjen of Burleson County, Steven Wise of Milam County, board president Ward Roddam of Milam County and Jay Wilde r of Burleson County. Voting no were Buster Evers of Burleson County, Jon Redington of Milam County, Becky Goetsch of Burleson County and Kit Worley of Milam County. Cagle objected to POSGCD’s Friday, Jan. 13, posting of the hearing agenda, which outlined details for a full public hearing, rather than just public comments. Cagle said prior notifications by POSGCD in local newspapers and on the Burleson and Milam County Courthouse bulletin boards stated that there would only be public comments. The Jan. 13 posting did not give her sufficient time, at least 14 days as required by Chapter 36 of the Texas Water Code, to adequately prepare for the full hearing, Cable argued. Cagle said she was also planning to prepare discovery material for the hearing. POSGCD attorney Barbara Boulware responded that the district had posted the meeting appropriately on Jan. 13, in compliance with the district’s rules and according to law. Boulware also added that the district has proceeding with public hearings in this manner before on other topics. Evers also addressed Cagle’s objections, later voting against her request. “We are here to follow the rules for all of the people of Burleson and Milam counties to make sure we are doing what we feel is the best decision for the people of Burleson and Milam counties, period,” Evers said. SLR Property I LP , of Dallas is an investor group that purchased the old Alcoa property in November of 2021 and already has two drilling and operating permits. They are now seeking two more permits. The requested new permits are for drilling and operating only and not for transport, and they may be used for municipal, industrial, manufacturing and commercial purposes anywhere in Burleson and Milam counties. SLR officials have not yet publicly specified what the water will be used for or how it will be marketed. In a July letter to the POSGCD board, company officials said they intended “to continue to develop the groundwater resources of Sandow Lakes Ranch and enter into long-term leases and water supply contracts with new tenants on the property, as well as long-term water supply contracts with suppliers and others in the area.” Although the formal hearing will now be scheduled before SOAH, Roddam allowed public comments on Sandow Lakes’ request. A large crowd attended the Thursday hearing, and the board heard from multiple residents, many of whom argued against Sandow Lake’s request. Several citizens said the district was already permitting beyond the Managed Available Groundwater (MAG) standards, and allowing these permits would only add to the problem of over pumping of area aquifers. Andy Wier of Simsboro Aquifer Water Defense Fund (SAWDF) said both of the permit requests would exceed the Desired Future Conditions (DFCs) that POSGCD set for the Simsboro formation. They would also meet the district’s standards for unreasonable impacts, Wier said. If drawdown exceeds 100 feet and is more than 40 percent of all of the available pressure head, it is considered unreasonable, he said. And the data shown indicates that would happen, Wier said. Using the current Groundwater Availability Model (GAM) computer model, their plan would exceed the aquifer’s saturated thickness standard, also an unreasonable impact, he said. However, Wier also said the GAM for that area needs updating to provide a more accurate model. That process is needed before any permits are considered, Wier said. Stanley J. Mitchell said the district should stand up for Burleson and Milam county residents and “say no to over permitting and over pumping.” Colby Coerver said “Milam County does not exist to be a water colony for Texas.” Kulver added that excessive pumping will cause wells to go dry. Dr. Curtis Chubb of Milam County addressed coal ash on the property which he said has toxic contaminants with arsenic levels. The groundwater district is responsible for protecting the water quality in the aquifer, he said. Another resident addressed subsidence issues that can occur when there is over pumping of an aquifer. “I believe Sandow Lakes application should be denied until a subsidence study is conducted,” he said. Also addressing the board was Alan Gardenhire , vice president of operations for Sandow Lakes, who said the permits would allow them to facilitate long-term development on the property leading to important economic development for Burleson and Milam counties. Gardenhire stressed that Sandow Lakes was not seeking a transport permit to ship water out of the district to benefit other locales. Their request was for drilling and operating only, with the intent to keep the water in Burleson and Milam counties for future economic development. Although Sandow Lakes has not announced a specific, singular business objective for the property, he said after the meeting, he told the gathering that they are working on a 30-year development plan compatible for commercial, industrial, manufacturing or residential uses. “These permits are critical as we move forward” with economic development opportunities, he told the gathering." # LIV Note: We believe this is the first time Post Oak Savannah GCD has approved sending a permit decision for review by SOAH, State Office of Administrative Hearings. SOAH will render a decision but it is advisory. Groundwater Districts are free to make their own decisions.

Public fails to sway board to keep Sheril Smith As published in the Giddings Times & News January 26, 2023, Vol. 133, No. 37 During an annual vote for officers at the Lost Pines Conservation District meeting last week Wednesday night in Elgin, the Board of Directors elected Elvis Hernandez of McDade as its new president. Hernandez, who is a retired engineer, previously served on the board as secretary-treasurer. Sheril Smith of Blue, who has led Lost Pines GCD as president for the past year, still remains on the board in a director’s position. Many consider the move controversial, since a majority of the public seemed to favor keeping Smith as president. Several concerned citizens, including those on a committee of stakeholders, addressed the board during the public comment portion of the meeting prior to the election. All who spoke about the election asked the board to keep the current leadership intact. Each believed Smith was doing an excellent job as president, taking on the water marketers and making the plight of local well owners known to the Texas Legislature. Since the new 88th Legislature is now in session, those who spoke believed a unified front was best, and now was not the time to change horses midstream. Good work Local citizen Don Hardy told the board, “I think she’s done a great job. She’s got backbone. She’s very knowledgeable, experienced. She’s been very involved. Everywhere I go, whether it’s senate hearings, symposiums, or Austin Aquifer Storage Recovery meetings, I see her everywhere. She’s committed so much time to this. For anyone who is running against her as president, I don’t think we could do better than Sheril.” Another citizen, Nancy McKee* , praised the current Lost Pines GCD leaders for providing oral testimony to the Texas Legislature and working with lawmakers to strengthen the authority of the GCDs. “For the first time we’ve seen the establishment of a House Water Caucus composed of 38 legislators to make water a top priority this session,” she said. “Mitigation is now getting a sympathetic ear in the legislature to change permits that would require the permit holder to pay for mitigation via the export fee.” (Note In last week's LIV News, we named McKee as our Citizen of the Year in this article ) McKee added that in order for the work to continue, it will require a unified front from the Lost Pines board to keep the issues moving. “I ask this board to please consider allowing the current president to be re-elected another year while the legislature is in session to allow the continuing of the positive momentum we’ve experienced this last year,” she stated. Unified front Linda Curtis , on behalf of the League of Independent Voters , told the board, “The Legislature is captured by the vision of ‘The Texas Miracle,’ which is turning into the ‘Texas Nightmare’ -- using water, development, and economic subsidies to keep bringing 1,000 people a day to Texas. Any 4-year-old will tell you that’s not sustainable. Please complete the work you started, and make sure you have the leadership in place to get it done. As far as I’m concerned, ya’ll should stay where you are. Because we’re going into a legislative session, we need this board to unify. I know there’s tension, and not everybody gets along. Such is life. Please, get through your differences, unify your board, and make sure we are ready to go!” Speech time limits Board member Mike Simmang interrupted the proceedings, stating that the first three speakers all exceeded three minutes, the time window allotted for public comments. Simmang asked President Smith, “How far are you going?” She responded that she did not have a set time, and said the board’s rules give her the option of allowing more than three minutes if she so wishes. Of the first five speakers, only McKee actually exceeded three minutes by 10 seconds. Stakeholders Emma Smith , president of Lee County 4-H and a Lexington High School senior, presented the board a letter signed by Lost Pines stakeholder committee members in both Bastrop and Lee Counties that encouraged the board to keep the current leadership. “I along with 60 other members who have signed the letter, did so to express our sincerest gratitude for the work you did as current board members, and especially to you, President Smith, for the work you helped to do this year,” she said. “I confidently speak on behalf of the other 60 members along with countless residents of Lee County when I say the work of this organization implementing practice and policies that work to better recognize private property rights, groundwater ownership, and the conservation, preservation, protection, and prevention of waste of groundwater, is extremely appreciated,” she concluded. Slate motion Lost Pines board member Dr. Tom Arsuff i of Elgin made a motion to retain the current slate of leadership for one more year. “I think Sheril, Kay and Elvis have done a tremendous job leading the board and making necessary changes and improvements that everybody has commented on.” Dr. Arsuffi specified the board’s work in handling a TCEQ audit, and other initiatives launched by President Smith as his reasoning for her presidency to continue. “I think this current leadership of Lost Pines GCD needs one more year to finish up all those good things they started,” he said. “If the board wants to make some changes, keep your pants on -- one more year isn’t going to bust your britches. This current board deserves one more year. That’s why a lot of organizations are going to 2-year terms for the presidency. They recognize that one year is not long enough.” Natasha Martin , general counsel for Lost Pines GCD, told the board Dr. Arsuffi couldn’t make a “slate motion,” unless the board adopted the process. She stated the election methodology must follow Robert’s Rules of Order because there were no bylaws governing the election process. The board voted against adopting the slate procedure 6 to 4, which resulted in separate nominations and elections for president, vice president, and secretary treasurer. The vote In the end, the public’s pleas to retain Smith as president fell on deaf ears. Vice President Kay Rogers nominated Mike Simmang Secretary-Treasurer Elvis Hernandez for the presidency. Directors Billy Sherrill , Mike Simmang , Larry Schatte , Herb Cook , and Kay Rogers verbally voted for Elvis Hernandez , and Hernandez voted for himself. Tom Arsuffi , Melissa Cole , and Phillip Cook verbally voted for Sheril Smith , and Smith voted for herself. With the vote 6 to 4, Smith declared Hernandez elected. Dr. Arsuffi announced, “ I’m disappointed in the board. We’re getting rid of a good president over petty crap. ” None of the directors who voted for Hernandez made any public comments about their decision, or why they did not support Smith. Smith stated, “ I do appreciate those of you who stuck by me through thick and thin .” Ruffled feathers After Smith completed her last sentence, Hernandez countered, “What’s with the name calling here? I really don’t need to be name-called.” Dr. Arsuffi replied, “ That’s not name-calling .” Hernandez claimed that he was called a (curse word) and pathetic. However, those sentiments, or who spoke them, were not audible to the public. Smith continued with the nominations for the other positions, which saw Kay Rogers maintain her position as Vice President with a vote of 8-2. Mike Simmang was elected Secretary-Treasurer 10-0. After the elections were declared and before stepping down, Smith declared, “ I wish the best of luck to you and I’ll support you any way I can .” Other issues Lost Pines GCD is currently dealing with a handful of large permit applications. “ We’re in litigation with most of them ,” general manager Jim Totten said at a public meeting in October. One such lawsuit involves LCRA, which has gone into appeals. It’s been speculated by those who closely follow the Lost Pines GCD that the majority of its board wants to take a less “hands-on” approach than it has under Smith’s reign, and allow the general manager to take more of a lead role. There is also concern if the committee of stakeholders, who have helped the board identify priorities, will be allowed to continue. Term limits Board members are appointed by the county commissioners courts and serve 4-year terms. The terms of Sheril Smith, Melissa Cole (Elgin), Phillip Cook (Cedar Creek), Billy Sherrill (Blue), and Larry Schatte (Giddings) expire Dec. 31, 2023. The terms of Hernandez, Kay Rogers (Bastrop), Michael Simmang (Giddings), Tom Arsuffi (Elgin), and Herbert Cook (Giddings) expire Dec. 31, 2025. From LIV: We thank the Giddings Times for allowing us to reprint this article. We encourage readers to subscribe to the paper to keep our local newspapers writing and thriving.

Notice : If you live in the Bastrop or Lee County, please attend the Lost Pines Groundwater Conservation District meeting on Wednesday, Jan. 18, 7pm at Elgin City Hall. And, please sign this letter of support for their efforts . LIV is watching (not stalking, we promise!) State Senator Charles Perry (R-Lubbock) to see if he will make or break the full employment of the California Water Model in Texas. That is the disastrous policies of moving masses of water for real estate buildout in areas without adequate local supply. Remember, LA was once a desert,. Perry said this at the recent Texas Tribune's event held in West Texas, " Rural Texas and the 88th Legislative Session ": "The one thing that's going to eliminate the Texas miracle, the only thing that's going to eliminate it, is access to water. Plain and simple." Sen. Charles Perry (R-Lubbock) What is the "Texas Miracle"? We like this definition from this 2020 article in Texas Monthly: "the regulatory and political system that greases the wheels of growth in the state." Though we're ecstatic that Perry is listening to landowners impacted by Vista Ridge (aka the San Antone Hose), we will see how far this goes . There will likely be some mitigation funding plan. Good! It also appears that there will be a serious move to "save" our water from being lost to failing infrastructure -- serious conservation. Good! Perry's comments in hearings also make clear that there will be a move to ensure that water is priced closer to its actual value. We agree that determining the “true cost” of water helps lead to a more sustainable resource by incentivizing conservation and less waste. But don't we Texans need to see some landowner protections that would also protect the future of the aquifers and rivers themselves? Legislation to give domestic and livestock wells a seat at the table when big production wells are permitted has been introduced for years and failed for years. The last time the failure was due to Perry's stonewalling. (See HB3619 here.) So far, Perry has not said he will support this legislation. Texas House Water Caucus Comes Together S ee release here ! The Texas Water Foundation announced this new "bi-partisan" Texas House water caucus. That means water could be numero uno in this session . Check out in the release linked above the participation by D's, R's, and both factions within the GOP! Caution : See who is on the board of the Texas Water Foundation, front and center – SAWS CEO and Vista Ridge water grabbing Robert Puente . Auditing and Cutting Back Vista Ridge At the November 16 Senate Water, Agriculture and Rural Affairs Committee Hearing, there was surprise invited testimony by Gary Westbrook , general manager of the Post Oak Savannah Groundwater Conservation District (representing Milam and Burleson counties and the permitting authority for Vista Ridge), and Brazos Valley GCD general manager, Alan Day (representing Robertson and Brazos counties). The essence of their testimony boils down to this: "don't worry about Vista Ridge." Sen. Lois Kolkhorst (who represents Burleson and Lee counties) appeared not to buy it . Watch the testimony for the deep dive here at 3:14:00. The "G" and "S" words Is there any question that the Texas economy is hooked on subsidizing greased-lightning growth? This explains why House Speaker Phelan announced he would not let Chapter 313 subsidies die. Everyone we know – especially independents -- is sick and tired of corporate subsidies. (Read LIV's Subsidizing Death of a Communit y .) The Lege might take another look at the Texas miracle. Texans are already witnessing the Texas nightmare as Texas subsidizes growth to continue wooing 1,000 people per day to move here. A four-year-old can figure out this is not sustainable, especially in the West.