Office of the Chief Clerk
MC-105
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, TX 78711-3087

Re: Opposition to Water Use Application No. 13728 - Lavaca-Navidad River Authority

Dear Commissioners:

We, the undersigned community members of Jackson and Calhoun counties, strongly urge TCEQ to deny Water Use Application No. 13728 submitted by the Lavaca-Navidad River Authority (LNRA). The application seeks to divert 96,022 acre-feet per year from one of the few remaining naturally flowing rivers in Texas, primarily to benefit an industrial operator with an extensive history of environmental violations. This proposal not only fails to meet statutory requirements but would irreparably damage our existing sustainable businesses and critical environmental resources.

The primary beneficiary of this water right, Formosa Plastics, has accumulated over 700 violations of their zero discharge agreement since 2019 alone, resulting in more than $23.7 million in fines. This systematic pattern of violations demonstrates a business model that treats environmental compliance as merely a cost of doing business. It defies logic and public interest to grant additional water rights to support expansion of a facility with such a pronounced pattern of environmental non-compliance.

The application itself fails to meet basic requirements under Texas Water Code. As documented in the record, it lacks:
Proper identification of facility locations required by Section 11.124
Mandatory wildlife impact assessments under Sections 11.152 and 11.147
Required mitigation measures for Keller Creek and Cox Creek impacts
Accurate baseline analysis of freshwater inflow protections

The environmental flow analysis in the application contains serious flaws. The draft permit relies on modeling that fails to account for existing inflow protections, raising fundamental questions about baseline conditions. This oversight is particularly critical given the concurrent Matagorda Ship Channel expansion project. The cumulative impacts of these projects on our bay system have not been properly assessed.

The proposed diversion threatens our region's vibrant commercial fishing industry, which exemplifies the kind of sustainable economic development Texas should protect. The Matagorda Bay Fishing Cooperative, representing 35 commercial fishermen, has invested significant resources into establishing what will be the largest oyster farm in Texas - a pioneering 60-acre mariculture project in Keller Bay. This project, supported by Texas A&M Agrilife Extension and Texas Sea Grant, demonstrates the potential for environmentally sustainable economic growth.

Multi-generational fishing businesses would be directly impacted. Commercial operators have built successful enterprises over multiple decades harvesting oysters and shrimp from Lavaca and Keller Bays. These businesses rely on the delicate balance of freshwater inflows that sustain oyster reefs and essential fish habitat. Unlike the permit applicant's primary customer, these operators have demonstrated long-term commitment to environmental stewardship.

The draft permit also fails to address critical environmental impacts:
Complete elimination of aquatic habitat and riparian wetlands in Keller Creek
Reduction in sediment and nutrient transport to Lavaca Bay
Lack of instream flow protections during construction and operation
Cumulative effects with other industrial impacts

The Texas Water Code explicitly requires that appropriations must not be detrimental to public welfare and must protect environmental flows. This application fails both tests. Granting additional water rights to expand industrial operations with a documented history of persistent violations, while threatening existing sustainable businesses, would directly contradict TCEQ's mandate to protect public welfare and natural resources.

This permit application represents a critical decision point for Texas water policy. Will we continue to sacrifice our few remaining natural rivers to support industrial operations that repeatedly violate environmental laws? Or will we protect these irreplaceable resources and the sustainable businesses that our communities depend on?

We urge you to deny this permit application.

Respectfully submitted,

[Signature pages attached]