Kinder Morgan May Kill EP Project

It's hard to comprehend, but there is a possibility that the Kinder Morgan pipeline may put an end to Electro Purification's current project on the Bridge's and Odell's properties. For info about EP's groundwater permit, click here. The proposed pipeline goes directly through the existing EP wells on the Bridge's property and very close to the existing wells on the Odell's property.

At this point in time, there are many unknowns, but it does not appear like Kinder Morgan is going to reroute the pipeline. The Special Commissioners in the condemnation proceeding have already issued the Bridge's an award, but the Bridge's and Kinder Morgan are appealing this award. EP was never noticed in the Bridge's condemnation proceeding and tried to intervene but the Commissioners did not allow them to. EP was noticed in the Odell condemnation proceeding, which has not yet occurred.

If Kinder Morgan condemns the Bridges and Odell's properties and does not reroute, EP would have to drill new wells, do a new aquifer test, and submit a new application to BSEACD. The entire process would start over. Because there are so many unknowns with how the Kinder Morgan pipeline will impact the current project, EP filed a request with the administrative law judge in the EP contested case, asking that the hearing be continued for six months. TESPA and the other protestants filed response in opposition to this request. We want EP to either withdraw their current application or we want to move forward with the hearing. We are frustrated and feel that we will put in a disadvantaged position, if EP is given an extra six months to respond to our Motion for Summary Disposition, which we recently filed. We would like the ALJ to rule on these legal arguments now.

The irony of the Kinder Morgan pipeline possibly killing the EP project should not be lost. But we should not jump for joy. EP could very well redevelop this project on other areas of the Bridges and Odell's properties or look for other properties in Hays County to develop new well fields. On behalf of clients in Hays County, Ed McCarthy has been vocally opposed to the Jacob's Well Groundwater Management Zone proposed by Hays Trinity GCD. As ironic as it sounds, Kinder Morgan could potentially have helped us win this battle, but there is likely a war ahead.

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