State Sen. Donna Campbell, MD, Tuesday put the Texas Commission on Environmental Quality (TCEQ) on notice, giving the regulatory body 30 days to respond to her request for an evaluation of Canyon Lake’s watershed to determine whether existing regulatory measures adequately prevent gradual degradation under projected growth and hydrological issues.
The move reflects her constituents’ growing concern that TCEQ will approve Lennar Homes’ request for a wastewater permit which would allow it to discharge up to 600,000 gallons of treated wastewater per day into Potters Creek and Canyon Lake for Broken Cedar Ranch, a proposed 850-home development in Fischer.
She said TCEQ possesses clear and existing statutory authority to protect high-quality waters.
The letter was a win for Fischer Neighbors and other Comal County residents who packed Canyon Lake High School Feb. 10 for TCEQ’s public hearing and were angered by the way the agency treated them, threatening to call security if the crowd got out of hand.
Campbell requested that hearing in January 2025.
“We understand the need for urgency and Sen. Campbell and her office are tackling what we can while other things occur in the background,” District Director Joyce Yannuzzi wrote in an email Fischer Neighbors posted on social media. “At the moment, Sen. Campbell has requested that TCEQ conduct a formal watershed-level evaluation of Canyon Lake to determine whether regulatory measures are sufficient under projected growth and drought conditions.
“Specifically, she asked that Canyon Lake be reviewed in relation to the Highland Lakes Chapter 311 under the commission’s existing statutory authority.”
TCEQ precursor Texas Water Commission in the 1980s banned the discharge of pollutants, including treated wastewater, from utilities surrounding lakes Travis, Buchanan, Inks, LBJ, Marble Falls and Austin.
Campbell also asked TCEQ to determine whether enhanced regulatory measures, including potential watershed-specific rulemaking under existing authority, are warranted.
Fischer Neighbors’ next step is asking TCEQ for a contested-case hearing, a trial-like legal proceeding held when the public challenges a proposed environmental permit.
Campbell did not ask for a moratorium on issuing new permits until her requests are fulfilled.
The letter appears unlikely to impact the regulatory timeline for the Broken Cedar Ranch project but highlights many of the concerns outlined in Fischer Neighbors’ comments on the permit.
“I am very grateful that Sen. Campbell recognizes what is at issue concerning the cumulative impacts of wastewater permitting on local water resources, and that she is taking steps to address these issues,” said Annalisa Peace, executive director of the nonprofit Greater Edwards Aquifer Alliance, of which Fischer Neighbors is a member.