Protecting the Pedernales and The Dangers of Direct Discharge

The Pedernales River is one of Texas’s most cherished waterways, an ecological, recreational, and cultural treasure that defines the Hill Country. As stewards of this vital resource, the Pedernales River Alliance (PRA) has opposed the wastewater permit application (WQ0016363001) submitted by the Village at Grape Creek (now the Village at Fredericksburg) to the Texas Commission on Environmental Quality (TCEQ).

The Village -Fredericksburg is located on Hwy. 290, near Jenschke Lane and consists of 242 tiny home units with amenities, including “the largest resort-style pool in all of Fredericksburg”. If approved, this permit would allow the discharge of 20,000 gallons per day of treated wastewater into Beckmann Branch, a tributary of the Pedernales, threatening water quality, habitat integrity, and the rural character of the region.

The Village’s Wastewater Discharge permit application is making its tortuous way through TCEQ. Over 125 individuals and groups submitted comments, all in opposition to the permit and a contentious public hearing was held on June 13, 2024 at the Inn at Baron’s Creek.

On February 27, 2025, the TCEQ Commissioners will decide three main issues:

    • if a contested case hearing will be held by the State Office of Administrative Hearings (SOAH)
    • if a hearing is granted, who has “standing” to participate in the hearing and
    • what issues can be raised at the hearing.

The Pedernales River Alliance is asking for standing to participate.  Our position is that Hill Country streams are not wastewater pipelines. Even with modern treatment technologies, direct discharge introduces nutrients like nitrogen and phosphorus into the water, and which can fuel algae blooms, degrade aquatic habitats, and reduce water clarity. The Pedernales is already
facing water quality challenges, and adding more pollutants could have devastating long-term effects.

Beckmann Branch is a small, sensitive stream with intermittent flow and does not have the capacity to dilute and assimilate wastewater like larger rivers do. During dry periods, effluent could make up the majority of its flow, turning a dry stream into a wastewater conduit. The result? Increased risks of contamination, reduced oxygen levels for aquatic life, and increased threats to landowners, agriculture, and wildlife.

The Pedernales watershed is home to working ranches, wildlife corridors, and families who have lived along these waters for generations. Increased wastewater discharge poses risks to groundwater recharge, drinking water wells, and livestock operations that depend on clean water.

The porous Hensel Sand Formation is located at the surface of the site and waste water discharge has the potential to influence nearby water wells. Moreover, the river supports diverse wildlife, including sensitive fish and amphibian species that require pristine conditions to survive.

Yes, there is an Alternative: Land Application, a responsible alternative to direct discharge. Beneficial land applications where treated wastewater is used for irrigation rather than being dumped into Beckmann Branch offers a sustainable approach that protects waterways while still accommodating responsible growth. The Fredericksburg Standard on January 22, 2025 told how Arch Ray Development has done a “180 on 290”, and will not be directly discharging into the Pedernales. The Village at Grape Creek should be required to do the same.

TCEQ must prioritize water quality over development. Texas law mandates that TCEQ safeguard the state’s water resources. Granting this permit would undermine that duty and set a dangerous precedent for future developments seeking to discharge into sensitive Hill Country creeks and rivers. The Pedernales River Alliance is urging TCEQ to deny this application and
require the developer to adopt a wastewater solution that does not jeopardize our water.

The Hill Country is at a crossroads. Will we allow unregulated growth to degrade the natural treasures that make this region special? Or will we demand responsible development that respects our land, water, and communities? The answer should be clear: TCEQ should protect
Beckmann Branch, protect the Pedernales, and reject this permit.
To support the efforts of Pedernales River Alliance, join and contribute at
Pedernalesriveralliance.org

Give Today!

The Pedernales River Alliance (PRA) is a member of the Greater Edwards Aquifer Alliance (GEAA).  One of the things that GEAA helps us with is the collection of donations. 

Follow this link to the  GEAA Donation Page
 
When you see “Write a Note” 
Click on it and Insert “for Pedernales River Alliance”
 
Thank you very much for helping us care for our River.
 

Katherine Peake
830 998-1778
kbfpeake@gmail.com

 

Club Remorse

by Katherine Peake

After the “Developers, pants first, then shoes” article, I received a phone call from a couple who had bought property in one of the condominium development projects and now had buyer’s regret. You might get the same mailings and emails that I do.

These developments look so appealing. They’re attractive renderings and advertisements of “all-inclusive world-class amenities” like a resort-style pools and splash pads, hot tubs, yoga studios, amphitheaters, pickle ball courts, fire pits and eye-catching common areas. It also sounds urgent, “one day only specials” and most importantly, it sounds affordable, with home sites starting at $159,900. For Fredericksburg, where the median home listing price is almost $800,000, that sounds like a real deal.

So why do they have buyer’s regret? “We were promised we could start building in August”, But sadly, they didn’t get this in writing and the 210 page condominium rules had proved overwhelming. Did you know that they didn’t have a TCEQ waste water permit yet? Well, no, they didn’t. So, if you’re thinking of buying in one of these developments, to avoid buyer’s remorse, start
 with a few questions.

ASK: Is this in the City or County? County rules are much more lax, and developers like less rules, but issues of utilities, especially water availability and waste water treatment are more complicated because they aren’t provided by the City.

ASK: Where will the water come from? Is the development currently in a Critical Groundwater Depletion Area? Has a Stage 4 Drought been declared? Does you have a commercial well permit? For how much water? How is this measured? Can groundwater be used to fill the “resort-style” pool? Will there be limitations on my water use? If nearby wells start to go dry, can other landowners sue me personally?

ASK: How will the waste be handled? Will there be a septic system or wastewater discharge? Do these need a permit? Who gives these permits? Does the development already have a permit for this? If not, how long will it take? Does the community have environmental concerns about waste water discharge? Who would I talk with to find out more about this?

ASK: Is any part of the development in the flood zone? Understanding that there are different flood zone maps, ASK which one is the developer using. Are there other maps that show the land is in the flood zone?

ASK: When will the developers be turning over the running of the development to the Homeowners Association (HOA)? Will the developers be long gone at this point? Will the HOA be responsible for water shortages, permitting and water use violations? Will the HOA be responsible for running the waste water treatment plant?

ASK: How much will the initial monthly fee be? Does the HOA have the right to fine me if I violate one of their rules? Can the rules be changed? How? Who determines if a rule is broken? What happens if I can’t or don’t pay it? Can the Condo Association put a lien on my property? What happens if there’s a problem with the waste water treatment system, the swimming pool, the amenities? Who is responsible? The bottom line and my advice is READ EVERYTHING, ASK LOTS OF QUESTIONS, get answers in writing and read the 210 page document. Carefully. At least twice.

A Big Thank-you!

On Monday evening, August 19, people from all over the Hill Country came together in one place to voice opposition to the discharge of treated wastewater by Arch Ray, LLC.  into the Pedernales River. Some came from Austin, San Antonio, Llano, Blanco, Johnson City and many from Gillespie County to clearly say to the Arch Ray developers, “No discharge of wastewater into the Pedernales River!”

We all know that there is a connection between groundwater (aquifers) and surface water (rivers, creeks, lakes, ponds, etc.) In the Pedernales River, we know it for certain. When August hits, the Pedernales goes to ground leaving a spate of puddles behind in pockets of limestone (karst.) Walk the exposed karst and you will still find life, the remnants that will bring life to the river when it returns. Sit and watch the wild untamed riverbanks where black willow sways in the afternoon breeze. Look carefully, you may find a tiny cypress growing in a willow nursery. In the stillness, all sorts of animals come forth: snakes, birds, insects of all sorts. The little water that is still present ties all of this together and includes us.

Every Hill Country stream is connected within a larger River’s watershed. As the water flows, the stream connects to the River; the River grows. Communities are connected along the banks of the River. Walking the River, listening to it, wading, swimming, baptizing, always wary because it can grow in a flash. The power of the River is ignored or minimized at one’s peril but, even when it is at its greatest, we still come together and bear witness to its strength.

On August 19, people came from all over the Hill Country to bear witness to the ebb and flow of the River, to acknowledge the power of the River in their lives. At the Pedernales River Alliance we are grateful for each scientist, naturalist, and resident who came and testified – together, we shall not allow our River to be polluted. Evidence of each persons’ commitment comes in various ways: picking up trash, removing old dams and weirs, limiting the use of fertilizers and pesticides, allowing nature to re-establish the natural growth along the riverbanks, planting only native plants, and speaking out about their care for the River. On behalf of the Pedernales River Alliance, thank you.

Public Meeting with TCEQ and Arch Ray Developers

Friends,

I am posting this on the website because you, gentle reader,  are a vital member of the Pedernales River Alliance and right now, we need you.
 
TCEQ has scheduled a meeting on ArchRay’s request for a permit to dump 35,000 gal of treated wastewater into the Pedernales every day. If you have not already submitted your comments online, please do so now. If you have learned how detrimental treated wastewater is to Hill Country Rivers, including the Pedernales River, and want to make comments, please do so.
 
Here is how to make Comments to TCEQ:
Enter this permit #WQ0005452000
Fill in your personal information
Enter your comments or questions regarding this permit in the Comments block
Submit
 

Mark your calendars, The Public Meeting will be held on 

Monday, August 19, 2024 at 7:00p
Rockbox Theater
109N. Llano Street
Fredericksburg, Texas 78624
 
After introductions, you may ask the developers or TCEQ any question. Please note, if you have already asked your questions in your online comments, it is not necessary to ask them again as all online questions will be answered offline via USPS. However, if you feel that your question(s) is important enough to ask it in this public forum, do so. During this part of the meeting you may also make comments to describe what the Pedernales River means to you. Please limit your questions and comments to this permit. This is an open discussion time with the developers and TCEQ. Note: comments or questions made during this first period are not for the record.
 
Please plan to stay for the second half of the meeting, which is very important. Any questions or comments you have not submitted online can be asked for the record during this time. It is vital that we get your unasked questions and comments recorded. If you are unable to stay, please consider writing your comments and questions down and submitting them for the record. 
 
The Pedernales River is a direct recharge zone for the aquifer that provides drinking water to most of Gillespie County. No treated wastewater is fit to drink. Help us protect our drinking water and our river.
 
Regards,
Deb
 
P.S. Please share this message with others who care about clean drinking water.

Citizens Stand Up & Speak Up for the Pedernales River

On Jun 13, 2024, a large crowd of Gillespie County citizens showed up to ask questions and make comments to Developers of the Village – Fredericksburg (formerly known as the Village at Grape Creek) and TCEQ. The Village has applied for a permit to pollute  – to dump 20,000 gallons of treated wastewater into Beckman Branch (just west of Jenschke Lane off Hwy 290.)

It was clear that no citizens present in the room were supportive of the permit. Many were angry at the thought the dumping that would be approved by the permit. Some concerns were odor, pollution of the aquifers, pollution of local wells, the density of the development, noise, flooding potential, and more. Many cited the years and generations of their families who have lived on the Pedernales River and the importance of the River to them.

As expected, there were two opportunities to speak. The first was supposed to last for 1 hour but went well over. During the first comment time, people lined up to speak. It was an informal time when they could ask questions of the Developers or TCEQ. During this Informal time, the Developers or TCEQ attempted to answer questions. During the second time, Formal Comments were recorded for the record. TCEQ or the Developer will formally respond in writing via US post to each comment/question that was submitted.

Now that the formal comment time has expired, all comments/questions that were submitted online or by fax or mail or during the Formal Comment period at this meeting, will be answered. Upon answering these questions, TCEQ will make the decision to approve or disapprove the permit. We hope that the permit will be disapproved or that the Developers will decide to drop this permit in exchange for a No Discharge Permit. Until we hear one way or another, we wait.

Thank-you for caring enough to show up and speak up. Please continue to conserve water as we are still in drought conditions, pick up trash along roads and at river crossings. Take good care of the Pedernales River – there is non other like it.

 

 

Waste(d) Water

Sometimes it is a challenge to understand all the things being said about water quality. I sometimes walk away from discussions confused by terms that I am only partially familiar with. Imagine my delight when I opened the Llano River Watershed Alliance Newsletter for June 1st. It’s lead article is a very thorough and straight forward explanation of wastewater, pristine streams, and pollutants. Definitely check this one out: Waste(d) Water