Wimberley supports no-kill
Tigers stun Canyon in 42-41 thriller
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Water rights law questioned
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News-Dispatch Volume XXXVIII No. 49
Serving Western Hays County, Texas since 1982
page 4
75¢
Thursday, September 20, 2018
Electro Purification seeks pumping Kyle Police permit despite concerns for resources BY EXSAR ARGUELLO As the fight over Electro Purification’s proposed water permit starts to boil, representatives from the Houston-based firm Monday sought to keep Hays County out of the fray. Despite hours of deliberation, the State Office of Administrative Hearings (SOAH) is opting to wait until October to
“Jacob’s Well is at the headwaters of Cypress Creek and is a preserve and park within the Hays County park system that is owned by the county. If pumping is allowed, there may not be a Jacob’s Well.” –Lon Shell, Hays County Commissioner, Pct. 3
determine who will be a part of the EP permit battle. Monday’s hearing in Austin is the latest chap-
ter in the EP saga. The water firm is seeking a permit from the Barton Springs Edwards Aquifer Conservation District
Admin Training Lieutenant Katie Contreras of San Marcos demonstrates CPR techniques that can be effective without requiring mouth-to-mouth contact. Below, Hays County residents learn to apply pressure to and pack bloody wounds. Contreras taught the techniques Sept. 15 during multiple emergency training courses provided free during an emergency preparedness fair hosted by The Hays County Office of Emergency Management.
BY EXSAR ARGUELLO
CONCRETE PLANT, 4
ELECTRO PURIFICATION, 2
Safety first
Residents question air quality monitoring of concrete plant Questions still linger for Dripping Springs residents on the Texas Commission on Environmental Quality’s (TCEQ) ability to properly regulate air quality on a proposed concrete plant near Henly. The proposed plant from Austin-based company Lauren Concrete Inc. has raised air and water quality concerns by nearby neighbors. With residents in the area living with various respiratory diseases and cancers, monitoring air quality is at the top of many people’s concerns. “The TCEQ does not operate an air quality monitoring system in the immediate area of the proposed facility,” said Andrew Keese, media relations specialists for TCEQ. “Due to the cost and logistical constraints, the placement of air monitors is prioritized to provide data on regional air quality in areas frequented by the public.” Keese said TCEQ does not have a routine mon-
(BSEACD) to pump nearly one billion gallons of groundwater per year from the Trinity Aquifer for wholesale use.
In July, BSEACD’s board of directors approved a contested case hearing on the permit, at the request of EP. On Sept. 17, landowners and representatives tried to make their case a part of the contested case proceedings. One of those requesting party status was Lon Shell, Hays County Pct. 3
mourn death of officer BY MOSES LEOS III A bright personality known to crack jokes and display a smile is the image many in the tightknit Kyle Police community Monday remember as they SOLIS honor Officer Fernando Solis. Even as the circumstances surrounding his tragic death remain under investigation, Kyle Police Chief Jeff Barnett said his staff intends to honor the memory of Solis, while also try to heal a “hole in our family.” “We have many unanswered questions,” Barnett said in a statement. “But what we need right now is to come together as a family to help, to listen, to heal, and to keep moving forward to serve the residents of Kyle.”
KYLE OFFICER, 4
Texas ranks high in property taxes
PHOTOS BY KATIE BURRELL
Residents learn survival skills BY KATIE BURRELL
Tying tourniquets, packing bloody wounds and practicing CPR were all activities Hays County residents learned Saturday at the Hays CISD Performing Arts Center. It was part of the “Prepare for Tomorrow- Are You Ready?” event hosted by the Hays County Office of Emergency Management. The event was meant to inform hundreds of Hays County residents about life-saving skills such as responding to an active shooter, performing CPR and stop-
ping bleeds. Admin Training Lieutenant Katie Contreras, who taught the seminar “Stop the Bleed,” said she believes civilian response to emergency situations can save lives despite rapid response from First Responders and Emergency Medical Technicians. “Anybody who is uninjured can treat somebody else and is going to be able to save them quicker ...” Contreras said. “ ... until we can get there with an ambulance.” The most popular class of the day was a Ci-
LAGNIAPPE Rodeo for a cause at the Brent Thurman bull ride
Some of the top professional bull riders will meet one last time later this month to pay tribute to a fallen cowboy and raise money for a worthy cause during the 20th annual Brent Thurman Memorial Bull Ride. The event will be held Saturday, Sept.
22 at 6 p.m. at Dripping Springs Ranch Park. All proceeds go to the Marbridge Ranch. More information can be found at brentthurman. com.
Dripping Springs Pioneer Day
Step back in time in Texas history at the Pound House in Dripping Springs. This event will feature Civil War re-enactments, blacksmithing demon-
BY EXSAR ARGUELLO
vilian Response to Active Shooter Events (CRASE) class; more than 50 families took part. Wesley Lowe, school resource officer (SRO) at Lehman High, taught CRASE and emphasized that civilian response is imperative to survival despite quick response times from local law enforcement. “The faster you get through the stages of denial and deliberation to act the greater your
chance,” Lowe said. Kyle Egerton, Buda resident and father of two, attended every class and paid special attention to the CRASE demonstration as his children are starting school. Egerton said he wants to prepare them in case they are in an emergency situation. “With increasing hostility in the world and the increasing frequency
strations, live music, craft stations, a petting zoo, food and vendors. For more information, visit DrPoundHistoricalFarmstead.org.
Caregivers can bring their loved ones to the church at 26650 RR 12 every Thursday from 10 a.m. to 2 p.m. For more information, call 512-858-1788 or email dspc@dspres.org.
Harmony Place offers respite for caregivers
Harmony Place is a group of volunteers who convene at the Dripping Springs Presbyterian Church. Their goal is to give caregivers and their cared-for a break by offering persons with Alzheimer’s or dementia a safe, fun and respectful place to enjoy lunch, activities and care.
BEING PREPARED, 6
Master Gardeners on the Porch
Plant enthusiasts are invited to stop by the Dripping Springs Community Library on Thursday, Sept. 27, from 3 to 6 p.m. and get answers to your gardening questions about plants, trees, spring planting, what attracts butterflies and so much more.
Property tax reform has been a central issue in the state legislature in previous sessions, but a lack of progress still leaves Texans as some of the highest payers in property tax in the nation. According to a new Wallethub study, Texas ranks as the fourth highest percentage of property taxes paid to the government. Texas is one of seven states that does not have a state income tax, which leaves the Lone Star State relying heavily on property taxes to fund programs such public education and local governments. “Governments need revenue, and they collect it from different sorts of taxation,” said Jill Gonzalez, an analyst at Wallethub. “In Texas, the local government relies heavily on real estate taxes. The advantage of this type of taxation is that it is fixed in location, as opposed to income tax that can be shifted to lower tax states.” Gonzalez said the amount of property tax revenue collected gets higher as property values increase. However, considering that no other taxation has been enforced in Texas, property taxes alone must be enough to support local governments. The addition of a state income tax could burden Texas citizens as property taxes are some of the high-
PROPERTY TAX PAYMENTS, 6
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Wimberley supports no-kill animal shelter BY EXSAR ARGUELLO
Support for possibly turning the San Marcos Regional Animal Shelter (SMRAS) to a no-kill facility has reached the Wimberley valley. Last week, the Wimberley City Council approved a resolution in support of an advocacy group’s plan to change the shelter to a “no-kill” facility. By virtue of the resolution, Wimberley becomes the first city in Hays County to throw its support behind the initiative. The resolution came after intensive campaigning across the county from the Hays County Animal Advocates (HCAA). To achieve no-kill status, the San Marcos Regional Animal Shelter, which services the entire county, would have to declare that 90 percent of pets that enter the shelter are adopted or sent to third-party groups. “Tonight’s vote is an important step for us. It gets us closer to our goal of no-kill,” said Kate Shaw, member of HCAA. “This resolution is an important piece of the puzzle, which is to build awareness and community support throughout Hays County for more resources and volunteers for SMRAS.” Sharri Boyett, a volunteer with HCAA, said seeking no-kill status is advantageous because it would allow the shelter to seek grants that it is not currently eligible for. The resolution outlined the city’s support for the
By the numbers as reported by The Hays Free Press
In the first quarter of 2018, the San Marcos Regional Animal shelter reported 57.5 percent of pets were returned to their owners, adopted or transferred. During the following two quarters, that number had risen to 78 percent, making for a yearly average live-outcome (so far) of just more than 71 percent. That is a sharp increase compared to previous years. In 2016, just more than 44 percent of healthy animals were adopted out, and in 2017, nearly 56 percent were.
creation of an Inter-Local Task Force that will implement steps for the shelter to achieve 90 percent live outcome. The task force will share in governance over animal services and be comprised of each of the participating city and county entities which contract for animal shelter and animal control services, according to the resolution. The Hays Free Press reported in August the SMRAS has been operating at a range of 105 to 120 percent overcapacity for the past several months. With state regulations determining how overpopulated an animal shelter can operate at, euthanasia is the only alternative for shelters with high populations. Barbara Fross, president of WAG rescue, submitted written comments to the council voicing WAG’s unanimous support of the resolution. “Wimberley was the first to vote this in, but I don’t think the other communities are far behind,” Shaw said.
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LETTERS GUIDELINES We welcome locally written letters to the editor on timely topics of community interest. We ask that you keep them to about 350 words in length and that you not indulge in personal attacks on private individuals. Letters may be edited for brevity and clarity. All letters should be signed by the author and include a daytime phone number where the author can be contacted for verification. Letter writers are limited to one letter per month. Letters can be emailed to csb@ haysfreepress.com.
Thursday, September 20, 2018
Electro Purification Continued from pg. 1
commissioner, who represented the county in its search for party status. “Jacob’s Well is at the headwaters of Cypress Creek and is a preserve and park within the Hays County park system that is owned by the county,” Shell said. “If pumping is allowed, there may not be a Jacob’s Well.” Edmond and Eddie McCarthy, attorneys for EP, argued Hays County was not in the immediate area affected by EP’s drilling. Additionally, EP’s legal team said the county does not have the authority to regulate groundwater, which can only be done by groundwater districts. Shell argued Hays County has land in the immediate area of impact, including water reserves off of FM 2325 in Wimberley that would service citizens in the case of a fire. If the county’s wells go dry, Shell said the county would not be able to serve those areas in an emergency. James Chisholm, a landowner and rancher living within one mile of EP’s wells, said EP pumping 2.5 million gallons per
day from the Trinity Aquifer would have a negative impact on his business. “EP is forcing me to give up my livelihood,” Chisholm said. “I make $120,000 from selling cattle, which rely on the water from my wells. If my well goes dry, I will lose everything. EP is devastating my rights of life, liberty and the pursuit of happiness.” Eddie McCarthy said Chisholm’s well falls within the jurisdiction of the Hays Trinity Groundwater Conservation District (HTGCD), which should disqualify him from affected party status. EP submitted its permit application through the Barton Springs Edwards Aquifer Conservation District (BSEACD). Joanne Summerhays, the administrative law judge on the case, said the entities seeking party status are expected to submit briefs to SOAH by Oct. 8 for review; an additional reply brief is due Oct. 16. Summerhays will determine affected party status at that time. Final hearings on the case are expected by summer 2019.
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Last week, the Wimberley City Council approved a resolution in support of an advocacy group’s plan to change the San Marcos Regional Animal Shelter to a “no-kill” facility.
Police Blotter The following highlights are police reports from Hays County law enforcement as well as local police between Sept. 10-17. Agency Activity HCSO Assault HCSO Assault HCSO Illegal Dumping HCSO Marijuana BPD Public Intoxication BPD Harassment HCSO Harassment HCSO Mental Health Transport HCSO Suicidal Person HCSO Suicidal Person BPD Theft HCSO Theft HCSO Theft HCSO Theft BPD Sexual Assault - Child HCSO Sexual Assault HCSO Burglary - Habitation HCSO Burglary - Vehicle BPD Illegal Dumping HCSO Death Investigation HCSO Disturbance - Phys/Fight HCSO Disturbance - Phys/Fight BPD Harassment HCSO Harassment HCSO Canine Search HCSO Canine Search HCSO Theft HCSO Theft HCSO Theft HCSO Theft HCSO Vehicle Theft HCSO Accident - Major/Injury HCSO Accident - Major/Injury HCSO Accident - Major/Injury HCSO Accident - Major/Injury HCSO Motor Vehicle Collision HCSO Field Euthanasia HCSO Disturbance - Phys/Fight HCSO Marijuana BPD Harassment HCSO Harassment BPD Theft BPD Theft BPD Theft HCSO Theft HCSO Theft HCSO Vehicle Theft HCSO Vehicle Theft HCSO Vehicle Theft HCSO Accident - Major/Injury HCSO Accident - Major/Injury HCSO Inj to Child/Eld/Disabled HCSO Assault - Aggravated HCSO Assault HCSO Assault HCSO Burglary - Building HCSO Burglary - Habitation HCSO Burglary - Vehicle BPD Disturbance - Phys/Fight HCSO Disturbance - Phys/Fight HCSO Drug Paraphernalia BPD Counterfeiting HCSO Harassment HCSO Harassment HCSO Terroristic Threat HCSO Theft BPD Accident - Major/Injury HCSO Accident - Major/Injury HCSO Accident - Major/Injury HCSO Hemorrhage/Lacerations HCSO Inj to Child/Eld/Disabled BPD Field Euthanasia HCSO Assault HCSO Burglary - Vehicle BPD Disorderly Conduct HCSO Suicidal Person HCSO Suicidal Person HCSO Theft HCSO Theft BPD Accident - Major/Injury BPD Accident - Major/Injury HCSO Accident - Major/Injury HCSO Accident - Major/Injury HCSO Accident - Major/Injury HCSO Accident - Major/Injury HCSO Sexual Assault - Child HCSO Burglary - Habitation HCSO Burglary - Vehicle HCSO Burglary - Vehicle HCSO Burglary - Vehicle HCSO Burglary - Vehicle HCSO Burglary - Vehicle HCSO Burglary - Vehicle HCSO Burglary - Vehicle HCSO Burglary - Vehicle HCSO Burglary - Vehicle HCSO Disturbance - Phys/Fight HCSO Harassment BPD Suicidal Person HCSO Suicidal Person HCSO Accident - Major/Injury HCSO Accident - Major/Injury HCSO Death Investigation HCSO Disturbance - Phys/Fight BPD Theft BPD Theft HCSO Theft HCSO Theft HCSO Theft HCSO Theft HCSO Accident - Major/Injury
Women IN BUSINESS Mediate! Don’t Litigate!
PHOTO COURTESY OF HAYS COUNTY ANIMAL ADVOCATES
make the move.™
Melanie Fenelon ®
REALTOR , GRI, CLHMS
Specializing in residential, acreage and farm/ranch properties
Dripping Springs • Wimberley Driftwood • Lakeway • Spicewood South, Southwest and Central Austin
melfenelon@realtyaustin.com
•
(512) 658-0773
Date 09/10/2018 09/10/2018 09/10/2018 09/10/2018 09/10/2018 09/10/2018 09/10/2018 09/11/2018 09/10/2018 09/10/2018 09/10/2018 09/10/2018 09/10/2018 09/10/2018 09/11/2018 09/12/2018 09/11/2018 09/11/2018 09/11/2018 09/11/2018 09/11/2018 09/11/2018 09/11/2018 09/11/2018 09/11/2018 09/12/2018 09/11/2018 09/11/2018 09/11/2018 09/12/2018 09/11/2018 09/11/2018 09/11/2018 09/11/2018 09/11/2018 09/11/2018 09/12/2018 09/12/2018 09/12/2018 09/12/2018 09/12/2018 09/12/2018 09/12/2018 09/12/2018 09/12/2018 09/12/2018 09/12/2018 09/12/2018 09/12/2018 09/12/2018 09/12/2018 09/13/2018 09/13/2018 09/13/2018 09/13/2018 09/13/2018 09/13/2018 09/13/2018 09/13/2018 09/13/2018 09/13/2018 09/13/2018 09/13/2018 09/14/2018 09/13/2018 09/13/2018 09/13/2018 09/13/2018 09/14/2018 09/13/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/14/2018 09/15/2018 09/15/2018 09/15/2018 09/15/2018 09/15/2018 09/15/2018 09/15/2018 09/15/2018 09/15/2018 09/15/2018 09/15/2018 09/15/2018 09/15/2018 09/16/2018 09/15/2018 09/15/2018 09/16/2018 09/16/2018 09/16/2018 09/16/2018 09/16/2018 09/16/2018 09/16/2018 09/16/2018 09/16/2018 09/17/2018
Time 10:49:06 14:03:30 11:39:17 12:01:24 17:02:10 18:27:40 12:58:04 5:39:08 20:32:06 21:18:56 20:25:36 14:55:18 17:11:41 17:45:22 10:04:39 0:02:29 12:54:30 16:53:08 12:02:11 18:32:22 10:00:35 19:28:38 18:25:51 19:30:38 20:45:26 0:27:41 8:37:22 12:00:18 12:33:20 0:22:20 13:05:08 7:56:16 13:15:23 15:18:06 16:07:24 17:31:26 19:55:18 21:02:27 13:34:14 10:42:46 16:41:08 10:52:20 13:52:06 21:37:28 17:10:19 18:38:33 12:22:32 12:52:48 13:01:39 12:58:12 16:53:44 15:39:02 19:15:22 11:51:18 13:54:44 9:08:28 17:38:51 20:17:40 6:57:26 8:21:54 12:30:45 15:44:34 18:06:55 0:12:55 17:25:15 13:33:36 8:33:18 18:44:21 4:56:56 13:02:05 11:36:42 12:23:09 19:09:57 14:33:15 15:01:27 12:02:14 21:34:00 11:21:58 14:36:15 20:07:57 20:37:04 7:37:20 15:55:28 18:14:38 18:28:28 21:06:56 18:29:36 9:00:37 10:36:11 10:55:30 11:06:25 11:17:43 11:27:16 11:30:39 12:46:44 13:48:10 23:02:27 23:20:56 1:30:17 12:28:21 23:06:58 2:25:02 6:54:25 9:47:03 18:01:15 18:15:12 10:32:08 10:37:50 11:35:35 13:27:56 2:41:09
Street City Sawyer Ranch Rd Sycamore Creek M.S. Austin Tiger Ln Dripping Springs M.S. Dripping Springs W US 290 Dripping Springs W US 290 Dripping Springs H.S. Dripping Springs Main St Buda Cabelas Dr Silverado Crossing Apts Buda N Canyonwood Dr Dripping Springs Kyle Pkwy Seton Hays Hospital Kyle N Madrone Trl Austin Butterfly Ln Wimberley IH 35 FR Cabelas Buda E US 290 Dripping Springs HEB Dripping Springs Creek Rd Dripping Springs Joanne Loop Buda Stone Crest Blvd Buda W Second St Kyle E El Camino Real Wimberley Black Cap Run Buda IH 35 FR/Robert S Light Blvd Buda S Green Hills Loop Austin Lehman Rd Lehman H.S. Kyle Owl Hollow Rd San Marcos Mandan St Buda Boxcar Path Kyle 1321 N IH 35 Motel 6 San Marcos W Sessom Dr/N Comanche St San Marcos Red Morganite Trl Buda Eagle Brook Ln Buda Chaparral Dr Wimberley Harris Hill Rd San Marcos Gardner Rd Kyle W RR 150 Driftwood W US 290/Holder Ln Dripping Springs RR 12/ Timberline Dripping Springs 10600 block RR 12 Wimberley FM 1854 / Hwy 21 Niederwald E Inwood Forest Dr/Wayside Dr Wimberley Cold Spg Buda 1700 Lehman Rd Lehman H.S. Kyle Wincliff Dr Buda RR 32 Garza MHP San Marcos 16400 IH 35 South Point Auto Buda S Loop 4 Buda Old San Antonio Rd Walmart Buda 2656 Windy Hill Rd Rancho Food Mart Kyle Joanne Loop/ Windy Hill Buda 3409 N Old Bastrop Hwy San Marcos 3409 N Old Bastrop Hwy San Marcos 5163 Overpass Rd Studio 6 Motel Buda Mercer St/RR 12 Dripping Springs Niederwald Strasse/Williamson Rd Kyle Brook Cv Buda 5651 RR 2325 Shady Oaks Rv Parks Wimberley Morningwood Dr San Marcos 4950 Jack C Hays Trl Barton J.H. Buda La Buena Vista Dr Affordable Storage Wimberley Canyon Gap Rd Wimberley Purcell Pl Dripping Springs 18210 IH 35 FR Stripes 1530 Valero Buda Mcgarity Kyle 940 W US 290 Dripping Springs H.S. Dripping Springs Old San Antonio Rd Walmart Buda Sand Hills Ln Austin Bonanza St Kyle Willow Ter Kyle Lehman Rd Lehman H.S. Kyle Royston Rd/FM 2001 Buda Windy Hill Rd/Mathias Ln Buda Lea Ln Wimberley Todo Ln Driftwood Hot Spring Vly Buda Rr 967 Buda Buda FM 2001 Buda CR 202 Kyle 15295 IH 35 Holiday Inn Express Buda Jack C Hays Trl Live Oak Academy Buda Quarter Ave Buda Sports Park Rd Dripping Springs E Us 290 Dripping Springs HEB Dripping Springs S Austin St/Jack C Hays Trl Buda 16611 IH 35 FR Buda W Fitzhugh Rd/Crossroads Dr Dripping Springs Rr 3237/Camino De Rancho Wimberley Woodland Dr/Rr 1826 Driftwood 500 block Old Fitzhugh Rd Dripping Springs Green Pastures Dr Kyle Palomino Rd Kyle Moonwalker Trl Buda Pine Arbol Pass Buda Stella Gold St Buda Stella Gold St Buda Moonwalker Trl Buda Stella Gold St Buda Vermilion Marble Trl Buda Pond View Pass Buda Moonwalker Trl Buda Ted Burger Rd Dripping Springs Spring Valley Dr Dripping Springs Oyster Crk Buda Destiny Dr Kyle 1605 block High Rd Kyle Staples Rd/S Old Bastrop Hwy San Marcos Brighton Ln Austin Crystal City Crk Buda Old San Antonio Walmart Buda Royston Rd Buda Shell Buda 14100 Rr 12 Brookshire Brothers Wimberley 2720 E Us 290 Sleep Inn Dripping Springs Shadywood Ln Dripping Springs Sun Cv Kyle Wimberley Square Wimberley
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Thursday, September 20, 2018
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Page 3
Sports
Tigers stun Canyon in 42-41 thriller BY MOSES LEOS III
Seth Leeper-Haney, Nathan third frame. Tiger miscues Culbreath, and quarterback allowed Canyon to score 15 Dripping Springs Tigers Zavier Perez. Leeper-Haney unanswered points to start quarterback Tanner Prewit finished with a game-high the second half. The Coulearned Friday when op181 yards rushing and one gars held a 41-28 lead enterportunity knocks, answer. touchdown. Perez rushed ing the fourth quarter. After twice missing Tiger for 96 yards and a touchThe Tigers responded wide receiver Ty Kaatz on down, while also going 4 of 9 in-kind, scoring 14 unana route late in the fourth for 148 yards and two passswered points to close the frame, Prewit was detering touchdowns. contest. Zimmerman said mined not to make the Dripping Springs also use of a faster tempo proved same mistake again. had to contend with a beefy problematic for Canyon’s Several plays later, PreCanyon ofdefense. wit made good on that fensive line, Kaatz said Dripping Springs team leaderpromise, connecting with which had a Kaatz on a go-ahead 41size advanship played (2-1) earned yard touchdown pass that tage over the a role in its win by catapulted the Tigers past Tigers. getting the the New Braunfels Canyon Execution team back rallying from a Cougars (2-1) in a comein the clutch on track. 13-point deficit from-behind 42-41 slugfest. across the “We start“We never lost hope on board proed to fall in the final four the sideline,” Prewit said. vided the apart a little minutes of the “Everyone kept positive jump-start bit, but we effort. We knew it was going the Tigers had a few contest. At to be a grind we just powneeded to leaders step the center of ered through it.” surpass Canup and rally Dripping Springs (2-1) yon. team,” that comeback the earned its win by rallying “I’m exKaatz said. was Prewit, from a 13-point deficit in cited at how One of the final four minutes of we continue those leadwho went 14 the contest. At the center of to fight, no ers was of 29 for 246 that comeback was Prewit, matter what, Prewit, who who went 14 of 29 for 246 and how we Zimmeryards and a yards and a trio of passing continue to man said trio of passing touchdowns. play,” Zimhas shown But it was the effectivemerman leadership touchdowns. ness of the Tiger defense said. “That qualities due that kept the team’s come- was tonight. to his comback hopes afloat. DripIt was going to take a great petitive nature. ping Springs’ defense kept effort. Luckily we stayed to“That’s what you want Canyon’s power-run ofgether and we finished.” from the guy who’s getting fense scoreless in the final Early on, Dripping the ball every play,” Zim14 minutes of the game, Springs and Canyon went merman said. “He’s going including a critical fourth toe-to-toe, trading scores to deliver when needed.” down stop with 4:34 left in in the first half. Dripping As district play begins the fourth quarter. Springs led Canyon 14-13 Friday, Prewit believes the Tiger head coach Galen at intermission, due to a team’s ability to overcome Zimmerman said stressing failed two-point converadversity in the clutch will tackling fundamentals was sion by Canyon late in the be a key attribute. necessary to stop Canyon’s second quarter. “You’re going to hit three-headed ground attack Dripping Springs, howbumps and adversity is consisting of running backs ever, began to fray in the going to hit,” Prewit said.
PHOTO BY WAYLAND CLARK, WFOTOS.COM
Above, New Braunfels Canyon’s Ethan Flores falls to the turf as Dripping Springs’ Ty Kaatz scores on a 41 pass from quarterback Tanner Prewit, tying the game at 41. Colman Chapman’s PAT kick was perfect, giving the Tigers a thrilling 42-41 win. Right, the Tigers trailed 41-35 when defensive lineman Kevin Perrydore (92) made the tackle on Canyon’s Seth Leeper-Haney, forcing the Cougars to punt the ball with 3:20 remaining in the game. Dripping Springs’ defense shutout Canyon in the fourth quarter.
“It’s whether or not you can overcome it.” Kaatz led the Tigers with 126 receiving yards on seven catches and finished with two touchdowns. Dripping Springs running two scores. back Jake Cox led the team Dripping Springs opens with 146 yards rushing and district play Friday against
Austin Travis. Kickoff is scheduled for 7:30 p.m. at Burger Stadium.
Hawks spoil Wimberley home opener BY SHANE SCHOLWINSKI
Miscues and sloppy play plagued the Wimberley Texans in a 33-14 home opening loss to the Canyon Lake Hawks Friday at Texan Stadium. “I was proud of our effort and I was proud of the way the kids fought and hung in there,” Wimberley head coach Doug Warren said. “Right now, we aren’t good enough team to overcome a lot of mistakes. You know, we put the ball on the ground a couple of times, too many penalties that knocked us out of some opportune situations.” The Texan offense was clicking on its first two drives of the game as the Texans drove down the field and got into scoring position; Wimberley, however, only managed one touchdown. That score came when Texan junior quarterback Cooper McCollum connected with junior tight end Colby Boyle in the back of the end zone on a jump pass that fooled the Hawks defense to give Wimberley an early 7-0 lead. The second quarter was a different story as the Canyon Lake offense capitalized on big time plays against the Texan defense. A 93yard touchdown pass from Hawks sophomore quarterback Peyton McMullen to senior Chance Martelli, followed by a 21-yard touchdown run from senior running back Jacob Ruff catapulted Canyon Lake to a 13-7 lead heading into
halftime. as the team didn’t execute in “A combination of things, pressure situations. just missing throws here, The Texans didn’t have dropping a pass here, penopportunities to rally due alty there,” Warren said. “We to a Hawks offense that were doing significantly a lot of the controlled Texan junior same things, time of quarterback just not possession. executing as Ruff scored Cooper good at that two more McCollum point as we touchdowns were early for Canyon finished the in the game. Lake in the game 17 of 32 A lot of that fourth quaris fatigue, a ultimatepassing for 130 ter, lot of that ly ending the yards and one is mental game with mistakes, 12 carries touchdown, and with an for 230 yards while running inexperiand three enced team, touchdowns. back Guy those things McCollum Kypuros show.” finished the Canyon game 17 of contributed 7 Lake rode its 32 passing carries for 94 late first half for 130 momentum yards and yards and one into the one touchtouchdown. third quarter down, while with a quick Kypuros 31-yard touchdown run by contributed 7 carries for 94 senior Caleb Almond. The yards and one touchdown. Texans answered back later “We’ve got to be better,” in the quarter with a 32-yard Warren said. “We’ve got touchdown run from senior to be more physical, and I running back Guy Kypuros. thought we took a step in Despite some struggles, the right direction tonight Warren said he was overall with that. I was pleased with “fairly pleased” with the that part of it. We got a short Texan defense. week, playing on Thursday “We got to get better, night next week, so we will we got to make tackles; we have a quick turnaround. can’t have missed tackles,” But we are getting better Warren said. “We can’t have each and every day, and we inopportune penalties. Just are going to be okay.” those little things right now The Texans square off are keeping us from taking against Fredericksburg Sept. this team up a notch to the 20 at 7:30 p.m. at Texan Stanext level.” dium. The Texans travel to Wimberley’s offense play at private school powstalled in the fourth quarter erhouse Regents Aug. 28.
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Wimberley Texan wide receiver Kennedy Strange (3) hurdles over a Canyon Lake Hawks defender in Friday’s non-district game at Texan Stadium.
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News-Dispatch
Thursday, September 20, 2018
County officials question water rights law BY EXSAR ARGUELLO
rights,” Shell said. “I can’t use my property rights per As the fight over ground- the detriment of another water rages on, some individual.” Hays County officials are While the state has questioning the relevance worked on alleviating of the century-old law out- some of the major flaws lining water rights, which with the Rule of Capture, they believe is archaic. officials have never legislaRule of capture, a state tively abolished it. law that is more than 100 In 1949, the 51st Texas years old, allows landown- Legislature established the ers the right to capture creation of the groundwaall groundwater they can ter conservation districts obtain. in an attempt to regulate Lon Shell, Hays County excessive groundwater Pct. 3 Commissioner, said pumping. this system has caused The creation of groundproblems in the past for water districts in 1949 Texas and a new form of was meant to control and groundwater regulation regulate excessive pumpwould be a more sensible ing, and the law is still in solution for the county. existence today. “Doesn’t my neighbor Linda Rogers, presihave the same rights as I dent of the Hays Trinity do? There has to be a way Groundwater Conserto provide rules to provation District, said the tect each other’s property system does not work and
Rule of capture, a state law that is over 100 years old, allows landowners the right to capture all groundwater they can obtain.
will have to change, as water becomes more of a valuable resource in Texas. “As long as we continue to value property rights over everything, the system will not change,” Rogers said. “You hear some chatter about it in the legislature every session, but talking about changing property rights is like having a noose around your neck.” Rogers said the Rule of Capture can make the regulatory job difficult, but predicts the system will change in the next decade as Texas continues to fight
of Capture, at least in Central Texas, doesn’t make sense. People understand the importance of our resources, especially water.” In Sipriano v. Great Springs Water of America, Inc. (1999), the Texas groundwater battles. Supreme Court refused to “The water under your overturn the rule of capproperty may be yours, ture in favor of reasonable but what is failed to be reuse. Despite the ruling, understood is that water Justice Nathan Hecht’s doesn’t just sit in one place concurring opinion out– it moves,” Rogers said. lines what he believes are “So if your neighbors’ wells apparent flaws with the go dry, so will yours.” Rule of Capture. According to the History “It is revolting to have and Evolution of the Rule no better reason for a rule of Capture by attorney of law than that it was laid Harry Grant Potter, Texas down in the time of Henry stands alone as the only IV,” Hecht wrote. “It is western state that continstill more revolting if the ues to follow the Rule of grounds upon which it was Capture. laid down have vanished “This is an issue that long since, and the rule does not follow political simply persists from blind lines,” Shell said. “The Rule imitation of the past.”
Over the course of 50 years, the Texas Supreme Court has overwhelmingly reiterated the legislature’s power to regulate groundwater, based on recent cases, Potter wrote. If these regulations were to be adopted at a statewide level, it could make the Rule of Capture obsolete. Shell said he is in support of the Texas Legislature granting local districts more power to work towards reasonable rules to protect property rights while regulating groundwater. “The Rule of Capture may work in other parts of the state, but I do know it does not work here,” Shell said. “We need better rules to protect each others’ rights. Your rights end where someone else’s begin.”
Kyle Officer: Local residents mourn death of officer Continued from pg. 1
Solis, 28, of Kyle, died Sept. 16 of a self-inflicted gunshot wound, according to a city of San Marcos press release. Officers and emergency personnel were dispatched to the Ashbury Place Apartments, located in the 1300 block of Wonder World Drive, around 5 p.m. Sunday for a report of a man who had been shot and was dead. The victim, later identified as Solis, was found in his vehicle with an apparent self-inflicted wound, according to the release. Solis was off-duty at the time of his death. Kim Hilsenbeck, Kyle communications specialist, said the city’s hearts “are heavy today” and that San Marcos Police informed Kyle authorities of
Solis’ death. “Losing a co-worker and fellow law enforcement officer is akin to losing a family member, regardless of the circumstances,” Hilsenbeck said. She added that San Marcos Police are investigating the incident. Barnett said all Kyle Police staff should take time to reflect on what happened and “talk with a counselor or a member of the clergy if they desire.” Kyle city staff has access to the Critical Incident Stress Management (CISM)team, which provides psychological first aid for first responders following a traumatic incident or event. The CISM, whose founder is Kyle’s current Victim Services Coordi-
nator, was dispatched in late 2017 following the shooting death of San Marcos Police Officer Kenneth Copeland. Kyle Police also has a chaplain program, where officers can talk with a member of the clergy. Kyle has an employee assistance program free for its staff. “We know this is a difficult time for Solis’ family and his work family,” Barnett said.
Sunset Canyon Baptist Church
Continued from pg. 1
–Deborah Graham, local resident
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be contested. Beal, who has spent time studying administrative agencies, said the best thing people could do to change the permit by rule system is to express concern to the Texas Legislature. If the applicant meets the requirements for an air quality permit, TCEQ must grant the permit, as the agency’s jurisdiction is established by the Legislature, Keese said. The only way TCEQ can void or deny a permit is if the applicant cannot meet all state and federal requirements. “The Legislature is saying that they believe certain polluting devices below a certain percentage, as outlined by air regulations, does not facilitate public input,” Beal said. “But these are the hard choices the Legislature has to make. Do we want to spend money changing that system?”
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military, Solis served as a motor vehicle operator from 2011 until his honorable discharge in 2015. Solis was a father of two young sons who are 2 years old and 6 years old. Barnett said Kyle Police has extended its condolences to Solis’ family. “We are grateful for the time that Fernando was able to be a part of the family of brothers and sisters in blue,” Barnett said.
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“I don’t understand how this permit considers nation air standards if TCEQ permits by a ‘check the box’ system. If the air quality is bad, are we just supposed to notice and report to TCEQ?”
Monday. “Kyle PD is grateful to all the individuals and agencies that reached out during this difficult time with their condolences and offers of support,” Barnett said. “It means a lot to all of us.” Prior to his hire with Kyle Police, Solis, a 2008 Hays High graduate, worked at H-E-B for several years before enlisting in the U.S. Marine Corps. During his time in the
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Concrete Plant itoring plan for this type of industry. However, compliance with the air quality permit means the applicant must also comply with the National Ambient Air Quality Standards. Residents living in the proximity of the plant say they want something to ensure clean air. Deborah Graham, a local resident, questioned how the agency can properly assess national air quality standards if no monitoring system is in place. “I don’t understand how this permit considers nation air standards if TCEQ permits by a ‘check the box’ system,” Graham said. “If the air quality is bad, are we just supposed to notice and report to TCEQ?” Ron Beal, professor of law at Baylor University, said he is not aware of any other state agencies which follow the “permit by rule” system, where the alternative is a contested case process. In the contested case process, proceedings are done through the State Office of Administrative Hearings (SOAH), and the party seeking a permit has to ensure they are following guidelines outlined by the agency. On the other side, citizens have the opportunity to dispute the sufficiency of that permit. “It’s expensive and time-consuming,” Beal said. “Unfortunately, to give the public meaningful input, it costs money.” Once a permit is issued, the permit cannot
The department has also seen an outpouring of support from the community and area law enforcement and emergency service entities. The Kyle Fire Department along with the San Marcos Hays County EMS expressed condolences to Kyle Police via Twitter late Sunday. San Marcos Police Chief Chase Stapp expressed his departmetn’s condolences to Solis’ family and Kyle Police
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Being Prepared Continued from pg. 1
of shooting events and natural disasters, I think it’s critical to be educated in how to respond,” Egerton said. “The class was an opportunity to ask an important question I’ve had about engaging an active shooter or my own in self defense.” Lowe said if a civilian disarms an active shooter in an emergency, they will be fine if they are not
armed when emergency personnel arrive. Representatives for the city of Kyle set up a booth about flood safety as the county has seen regular flash floods in recent weeks. “Flooding is the most common natural disaster in this area,” said Brian Lillibridge, assistant director of public works. “We monitor our streets and
monitor the weather, so we can mobilize and shut the streets down.” The Kyle Public Works administration offered flood maps that showed roads commonly closed during a flood and recommended residents always turn around to avoid driving through deep water. This information can also be located on the city’s website.
Property Tax Payments Continued from pg. 1
est in the country. However, a drawback on reliance from property tax revenue with the implementation of a state income tax could balance things out. In January, Governor Greg Abbott outlined a plan to alleviate concern over “skyrocketing property taxes,” which includes a cap of no more than 2.5 percent growth in the property tax rate. Any higher would need voter approval. “The addition of income tax would not bring with it a lowering of property taxes, and would therefore only burden residents even more,” Gonzalez said. “This could result in people failing to pay their taxes, which would consequently lead to a drop in revenues for the local government.” For Rebecca Minnick, a real estate agent in Wimberley, working with
out-of-state buyers can prove to be difficult when clients learn how high the property taxes are. “These buyers come here and think that they’ll get a whole lot for their money, which to some extent is true,” Minnick said. “Land and utilities are cheaper, but property tax is the big offset here.” Minnick said she recently had an out-of-state client who was looking to buy property in Texas, but ultimately decided to purchase property in Tennessee, where the property taxes are significantly lower. From her experience as a realtor, Minnick said the middle class suffers the most from high property taxes. “If you want to upgrade from a ‘starter home’ to a larger piece of property, that can prove to be difficult when property taxes
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are put in the mix,” Minnick said. “A $500,000 home can easily run your property taxes up to $10,000 a year. And to those looking to upgrade, that could be a real deterrent.” According to the Wallethub report, Texas has consistently had some of the highest property tax rates in the country since 2010. The annual taxes on a $185,000 home is $3,435 a year. In Texas, where the median home value is $142,700, residents with appraised homes in this price range can expect to pay around $2,654 a year on property taxes. “The younger generation will be the first generation to not be as successful as their parents, and we might see a shift in how people value home ownership,” Minnick said. “Property taxes may not be a deal killer for all, but it is for some.”
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Happy 68th anniversary, Bob and Joy Spillar Purcell
B
ob and Joy Spillar Purcell will be celebrating their 68th wedding anniversary on Sunday September 23rd 2018. The event will be at their ranch near Dripping Springs, Texas, from 2 to 5 p.m. The celebration will be hosted by their four children and their spouses including Teri & Robert Morgan of Austin, Tami & Wayne Burklund of Lexington, Todd & Connie Purcell of Dripping Springs and Traci & Doug Smith of Johnson City. Bobby Jo Purcell and Joy Laverne Spillar were married on September 22, 1950 at Hyde Park Baptist Church in Austin and made their home in Austin for many years until moving to their ranch near Dripping Springs. In addition to raising their children, they both had long and varied professional careers in the Austin area. Joy’s interest led her to becoming a successful real estate investor in the Hill Country. Bob worked for the City of Austin as an electrical inspector for 35 years before retiring and starting an electrical contracting company with his son Todd. Joining in the celebration will be their grandchildren Brad Morgan, Kendra Smith, Tyler Purcell, Justin Purcell, Dooley Smith, Kristen Lamb and her
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husband John and Courtney Griffin and her husband Michael. Also joining them will be their great grandchildren Kiera Morgan, Harmony Morgan, Neiko Bradford, Morgan Lamb, Graham Booth, Chloe Morgan, Sydney Lamb, Liem Bradford and Lily Morgan. Please join us in this celebration as a come and go event. Bob and Joy request only the honor of your presence and no gifts, please.
COTY CITIZENS OF THE YEAR
Help us choose our 2018 Citizens of the Year. Nominate individuals who have a high level of service in the areas of Community, Education, Government (not an elected official) and Business. We are looking for nominees in the communities and surrounding areas of Buda, Dripping Springs and Kyle.
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COTY nominations are due by Sept. 28.
You can nominate someone by mailing or emailing this form to news@haysfreepress.com or to 113 W. Center Street in Kyle, TX 78640. There will also be a nomination form on www.haysfreepress.com
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KYLE Community: Education: Government: Business: Submit nominations to news@haysfreepress.com or to 113 W. Center Street in Kyle, TX 78640. www.HaysNewsDispatch.com
Citizens of the Year for 2018 will be published in the December Hays County Echo.
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