The Hays County Commissioners Court approved a resolution establishing a 180-day emergency water protection review period for high-usage development applications and creating a review board June 23. (Michael Milliorn/Community Impact)
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Hays County has been facing drought conditions and water-use restrictions for a prolonged period of time, resulting from declining aquifer levels and diminishing water availability, according to previous Community Impact reporting.
The Hays County Commissioners Court approved a resolution establishing a 180-day emergency water protection review period for high-usage development applications, including data centers, and creating a review board to evaluate the proposals June 23.
The overview
During the temporary review period, commissioners will not consider discretionary approvals related to industrial projects that utilize high amounts of water, within the county’s legal authority, according to the resolution.
Some discretionary approvals that will be deferred until the review period has ended include:
Tax abatement agreements
Development agreements
Variance requests
Other discretionary approvals outlined by the Hays County Development Regulator regulations
“I'm in complete support of this resolution,” Precinct 2 Commissioner Michelle Cohen said. “I am not a fan of data centers. It is not lost on me where they are being built or trying to be built, what I would call marginalized communities, and I'm very concerned about that.”
The resolution additionally directs the county’s Office of Emergency Management and legal staff to determine all emergency management tools made available under a renewed drought disaster proclamation issued by Gov. Greg Abbott on Feb. 16.
“I think this resolution affirms the court's stance on data centers and how we will perceive data centers in Hays County,” Precinct 3 Commissioner Morgan Hammer said. “Every one of our constituents understands where we're at in our water situation. They care deeply about it.”
A closer look
In addition to the 180-day emergency water protection review period, the approved resolution will create the Hays County High Water Demand Development Review Board, an advisory board to the Commissioners Court and Development Services Department.
The review board will be composed of commissioner-appointed participants with a variety of experience and knowledge on water availability and the region, including but not limited to:
Elected officials
Development services staff
Water resource professionals
Emergency services representatives
Development stakeholders
Members of the public with relevant expertise
The board will evaluate proposed industrial developments requiring large amounts of water and their potential impact on the region and surrounding area, according to the resolution. They will make recommendations to the Commissioners Court based on their findings.
Precinct 4 Commissioner Walt Smith emphasized the county’s intention not to support or provide additional tax incentives for data center developments during the June 23 meeting.
“We're not willing to give incentives to data centers, and I think we just need to continue to hold firm to that,” Precinct 1 Commissioner Debbie Ingalsbe said. “I know that we can't tie the hands of future courts, but I think this court is dedicated to not doing that.”
Notable quote
“We can even say that until Dec. 31, we fortify that there will be no incentives, loud and clear, to anyone looking to do business in Hays County under those descriptions,” Hays County Judge Ruben Becerra said.Hays County Judge Ruben Becerra sponsored the resolution approved by the Commissioners Court on June 23. (Michael Milliorn/Community Impact)One more thing
The approved resolution included a formal call by Hays County to neighboring counties, groundwater conservation districts and regional water authorities to establish a joint regional environmental review.
It also authorized the county to submit a formal petition to Abbott requesting that a special legislative session be called. The petition will request expanded authority for Texas counties to protect water availability and regulate the impact of industrial high-water-use projects.
Also of note
On June 16, the San Marcos City Council approved an amendment to the city’s Land Use Matrix prohibiting the development of data centers in all zoning districts, according to previous Community Impact reporting. The amendment passed with four votes in favor and three dissenting.
