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TCEQ denies HK Real Estate's permit over Sandpit Creek discharge concerns

May 01, 2025 | Commission on Environmental Quality(TCEQ), Departments and Agencies, Executive, Texas


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TCEQ denies HK Real Estate's permit over Sandpit Creek discharge concerns
The Texas Commission on Environmental Quality (TCEQ) held a significant meeting on May 1, 2025, focusing on a contentious permit application related to water discharge from Sandpitt Creek to the San Antonio River. The discussions highlighted critical concerns regarding water quality, environmental impact, and the validity of the proposed discharge route.

The meeting featured arguments from various stakeholders, including representatives from HK Real Estate Development, who sought to defend their application. They claimed that there is a hydraulic connection between Sandpitt Creek and the San Antonio River, a point that was met with skepticism from other parties. Opponents, including the Frasier family, argued that the creek does not flow into the river and that granting the permit would lead to significant environmental degradation, including the creation of four lakes that would inundate their property.

Key evidence presented included peer-reviewed modeling data and aerial imagery that suggested a lack of connection between Sandpitt Creek and the San Antonio River. The executive director of TCEQ supported the administrative law judge's findings, which concluded that the proposed discharge route was inaccurately characterized and not protective of water quality standards. The ALJ determined that Sandpitt Creek terminates in a pond rather than flowing into the river, contradicting the applicant's claims.

The implications of this case extend beyond the immediate permit application. Concerns were raised about the potential for revoking existing permits for other discharges into intermittent or ephemeral streams across Texas, should the commission adopt the new interpretations proposed by the executive director. This could lead to significant changes in water rights and management practices statewide.

In conclusion, the TCEQ's decision on this permit application will have lasting effects on local land use, water quality, and environmental regulations in Texas. The commission is expected to deliberate further on the findings and recommendations before making a final ruling.

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