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2015-10-08

District judge denies first plea

By Carolyn B. Edwards BCC Staff Writer

The Honorable M. Rex Emerson, 198th District judge, issued an order denying Bexar Medina Atascosa (BMA) WCID's second amended plea to the jurisdiction on Oct. 6.
The order addressed information covered in a district court hearing held Friday, Sept. 25, in Bandera. It references Cause No. CV13-361, Bandera County River Authority & Groundwater District (BCRAGD) v BMA.
BCRAGD General Manager Dave Mauk said the denial was good news for the water district, but more hearings are to come. Mauk said the district was surprised that Judge Emerson issued his decision on this first step in the water district's lawsuit against BMA so quickly. "We were expecting it to take 90 days," Mauk said.
By bringing the suit, BCRAGD hopes to clarify just which WCID - BMA or BCRAGD -has the ultimate authority in setting and enforcing certain water rules and regulations in Bandera County.
The local district contends that two WCIDs can't have overlapping authority, based on Texas water law. BMA counters that, as the entity that governs the irrigation company that owns Medina Lake, it has final authority on property in Bandera County that BMA purports to own.