Updated Aug. 28 at 3:50 p.m.

On Aug. 27 the Conroe City Council voted to pursue litigation against the Lone Star Groundwater Conservation District over a mandate that requires Montgomery County to reduce groundwater use to no more than 64,000-acre-feet per year.

The mandate requires that entities throughout the district reduce their groundwater use through alternate means, such as drawing surface water from Lake Conroe. The LSGCD established the 64,000-acre-feet mandate in order to maintain a sustainable level of groundwater use, rather than continued drawdowns of groundwater resources.

The mandate goes into effect Jan. 1, but the city has contested scientific studies supporting the mandate and the necessity of the cap on groundwater use itself. The city appointed Locke Lord LLP, a Houston-based law firm, to represent the city during the litigation.

Mayor Pro-Tem Guy Martin said the city wanted to move forward with the lawsuit because the council was concerned that if a suit is not filed by Sept. 1 it would no longer be able to seek action against the district. By Sept. 1, the LSGCD requires that groundwater producers, such as the city, identify the amount of groundwater they will use in the calendar year. Once the LSGCD approves the permit the user will be bound to the agreement, according to district documents.

“I believe there is going to be a lawsuit filed before Sept. 1,” Martin said. “I think this is a safety step that we had to take.”

LSGCD General Manager Kathy Turner Jones said the district is prepared to defend its policies against a lawsuit from the city of Conroe.

“The LSGCD is prepared to vigorously defend our record of conserving, protecting and enhancing the groundwater resources in Montgomery County,” Jones said. “This litigation threat led by the city of Conroe raises troubling questions. First among our questions is the city’s costly use of taxpayer resources to pursue questionable, politically motivated litigation. We look forward to refuting the allegations, and resuming our focus on ensuring a sustainable, cost-effective water supply is available for current and future needs.”