LITIGATION UPDATE

Guadalupe Valley Lakes Litigation Update
June 6, 2022

The Texas Supreme Court has denied the plaintiffs’ petition for review in the Williams v. GBRA case, affirming the decision rendered by the Fourth Court of Appeals.  This will make the dismissal of all claims against GBRA final and immediate.

In July 2021, the Fourth Court of Appeals affirmed the decision by the 25th Judicial District Court, Guadalupe County, to grant GBRA’s plea to the jurisdiction as to the majority of the claims. The Court of Appeals also expanded the ruling in GBRA’s favor, finding the appellants also lacked standing for their two takings claims. After hearing arguments in the case on June 17, 2021, the Court of Appeals reversed the District Court’s decision on the takings claims, finding that the appellants could not demonstrate a particularized injury that was distinct from the community at large, absent ownership of a property right in the hydro dams, the lands underneath the lakes, or the water itself.

“We appreciate the Supreme Court moving us closer to achieving resolution with its decisive action,” said GBRA General Manager and CEO Kevin Patteson. “Cooperation and collaboration has proven to be the path forward: the formation and voter confirmation of Water Control and Improvement Districts (WCIDs) for Lake Dunlap, Lake McQueeney, and Lake Placid has made the long-term sustainability of those lakes possible. We look forward to working in continued partnership with them.”

The case will return to the 25th District Court to resolve the remaining items, including the dissolution of the temporary injunction and the determination of the award of attorneys’ fees and costs to GBRA. A date for this hearing has yet to be determined.

Lake DUnlap Construction Updates

March 2022
October 2021

recent news

All the news from local media outlets

Lake Dunlap Hydraulic Crest Dam Under Construction in Texas
(PR Web, 11/12/2021)

Lawsuit Filed Against GBRA Over The Draining of Lakes Gonzales and Placid
(KTSA, 11/3/2021)

Dam failures on Lake Placid giving lakefront property-owners sticker shock
(CBS KENS5, 11/2/2021)

Lake Placid spillgate deemed too dangerous to repair
(The Seguin Gazette, 10/31/2021)

GBRA Will Leave Lake Placid Spill Gates Lowered Until Further Notice
(KTSA, 10/29/2021)

Lake Placid Spillgates to Remain Lowered Until Construction Begins
(Guadalupe-Blanco River Authority News Release, 10/29/2021)

State Representative fights for funding assistance for area lakes amid dam failures
(ABC KSAT12, 10/26/2021)

Lake Placid being evaluated due to unresponsive spill gate
(ABC KSAT12, 10/26/2021)

GBRA continues to inspect dam damage
(The Seguin Gazette, 10/19/2021)

Unresponsive spill gate lowers Lake Placid
(The Seguin Gazette, 10/17/2021)

Community invited to Lake Dunlap environmental, habitat restoration workshop
(NBC News4SA, 10/15/2021)

GBRA to host public workshop Saturday for Lake Dunlap residents and users
(Texas Public Radio, 10/13/2021)

This is what Lake Dunlap Dam looks like 2 years after spill gate failure caused lake to drop 7 feet
(KSAT.com, 10/6/2021)

New Lake Dunlap dam in New Braunfels on schedule for May 2023 completion
(Community Impact, 10/6/2021)

GBRA, engineers determine lake spillgate unrepairable
(The Gonzales Inquirer, 9/2/2021)

Lake Gonzales Update
(Guadalupe-Blanco River Authority News Release, 8/18/2021)

GBRA: Gonzales Lake Spill Gate Failure Not Repairable
(KTSA, 8/19/2021)

GBRA Board Hears Recommendation on Failed Spillgate
(Texas Public Radio, 8/18/2021)

Another spill gate failure leads to partial draining of water at Lake Gonzales
(The Seguin Gazette, 8/9/2021)

Spillgate stuck open at Gonzales Dam
(The Gonzales Inquirer, 8/5/2021)

Spillgate Remains Stuck, Lake Gonzales Down 12 Feet
(Texas Public Radio, 8/4/2021)

Lake Gonzales Experiences Spillgate Failure
(Guadalupe-Blanco River Authority News Release, 8/4/2021)

GBRA Investigates Non-Responsive Spillgate at Lake Gonzales
(My Canyon Lake, 8/3/2021)

Court of appeals issues decision in lawsuit against Guadalupe-Blanco River Authority
(CBS KENS5, 7/15/2021)

Appeals Court Rules in Favor of GBRA, Homeowners Plan to Appeal
(KTSA, 7/13/2021)

GBRA Lake Property Owners to Appeal Decision in Dam Dispute
(Texas Public Radio, 7/12/2021)

Appellate court sides with GBRA in property lawsuit
(The Seguin Gazette, 7/11/2021)

Guadalupe-Blanco River Authority wins legal battle with property owners along lakes
(The Seguin Gazette, 7/9/2021)

Construction Begins on Lake Dunlap Dam
(GBRA News Release, 5/17/2021)

Construction to begin on Lake Dunlap dam after spill gate failure
(ABC KSAT, 05/19/2021)

Construction underway to restore Lake Dunlap after 2019 spill gate failure
(NBC News4SA, 05/19/2021)

Construction to begin on new Lake Dunlap Dam any day
(CBS KENS5, 05/17/2021)

2-Year Anniversary Of Lake Dunlap’s Collapsed Spill Gate Coincides With Construction Approval
(Texas Public Radio, 05/14/2021)

Lake Dunlap dam construction begins
(The Seguin Gazette, 05/12/2021)

Contractor given the green light to begin work on Lake Dunlap dam two years after spill gate failure
(Community Impact, 05/12/2021)

TWDB To Help Finance Lake Dunlap Spill Gate Repairs After 2019 Failure
(San Marcos Corridor News, 12/7/2020)

Three Lake Dunlap propositions pass; construction to begin in 2021
(Community Impact, 11/4/2020)

Flood of votes creates water districts
(The Seguin Gazette, 11/4/2020)

Lake Dunlap residents make final push to restore dam
(Community Impact,  10/5/2020)

Plan to replace Lake Dunlap Dam and restore lake will be on ballot in November
(CBS KENS5, 10/5/2020)

Plan to save Lake McQueeney now up to voters to approve
(CBS KENS5, 10/26/2020)

Commissioners Court tables resolution calling on Gov. to reappoint GBRA board
(The Gonzales Inquirer, 10/13/2020)

Judge rules property owners’ lawsuit against GBRA can proceed
(San Antonio Express-News, 8/21/2020)

‘A Great Result’ – Lakeside Property Owners Celebrate as GBRA Case Trickles Forward
(Texas Public Radio, 8/21/2020)

GBRA and Property Owners Reach Agreement on Financing, Operation, Improvement Districts
(San Marcos Corridor News, 8/5/2020)

Group looks for yes vote on new dam, Lake Dunlap’s return
(New Braunfels Herald-Zeitung, 8/4/2020)

River authority and property owners reach compromise on aging dams
(San Antonio Express-News, 8/1/2020)

Settlement reached in lawsuit related to draining of 4 GBRA lakes
(ABC KSAT12, 7/30/2020)

Settlement Reached in Guadalupe Valley Lakes Lawsuit
(Spectrum News, 7/31/2020)

Agreement reached in dam battle
(The Seguin Gazette, 7/31/2020)

Guadalupe County OKs Lake Placid water district
(The Seguin Gazette, 7/15/2020)

GBRA Provides Update on Lake Dunlap, McQueeney, Placid
(San Marcos Corridor News, 6/24/2020)

New Documents Reveal Guadalupe-Blanco River Authority’s Detailed Design for New Lake Dunlap Dam
(Texas Public Radio, 6/10/2020)

GBRA and Property Owners Back in Court Tuesday Ahead of October Trial
(Texas Public Radio, 6/9/2020)

Lawsuit between GBRA, property owners returning to courtroom
(New Braunfels Herald-Zeitung, 5/18/2020)

Judge rules Guadalupe-Blanco River Authority must turn over documents in lawsuit
(The Texas Monitor, 1/9/20)

Attorneys spar over details in GBRA dispute
(New Braunfels Herald-Zeitung, 1/8/20)

‘It’s personal’: Lake Dunlap dam fallout continues in courtroom as property owners demand GBRA hand over documents
(CBS KENS5, 1/7/20)

Judge orders GBRA to turn over some documents about failing Guadalupe River dams
(San Antonio Express-News, 1/7/2021)

County gives nod to water control district
(The Seguin Gazette, 12/18/19)

Commissioners To Decide On New Water Improvement District For Lake McQueeney
(Texas Public Radio, 12/16/19)

Attorney claims river authority is misusing funds
(The Seguin Gazette, 12/15/19)

Experts relax GBRA’s recreation ban in some parts of Lake Gonzales
(San Antonio Express-News, 11/15/19)

Judge signs second TRO against GBRA
(The Seguin Gazette, 10/31/19)

County, lake associations discuss future
(The Seguin Gazette, 10/31/19)

Lake property owners win new restraining order against GBRA
(San Antonio Express-News, 10/29/19)

GBRA getting boats to help patrol area lakes
(The Seguin Gazette, 10/27/19)

Parts of Guadalupe River Lakes Reopen After Safety Report Released
(The Rivard Report, 10/23/19)

Relief in sight for businesses, homeowners on Guadalupe River lakes
(San Antonio Express-News, 10/23/19)

Lake access opened with zone identification
(The Seguin Gazette, 10/22/19)

Gonzales Commissioners Court briefed on GBRA litigation
(The Gonzales Inquirer, 10/17/19)

Residents along Guadalupe River angry over plan to drain lakes
(The Texas Monitor, 10/15/19)

PLDA has plan, agreement to restore dam
(The Seguin Gazette, 10/11/19)

Plans Move Forward For GBRA Lake Ban, Spill Gate Inspection
(Texas Public Radio, 10/2/19)

New Braunfels Utilities reaches $36.8 million water agreement with Guadalupe Blanco River Authority
(Community Impact Newspaper, 10/1/19)

Can the GBRA take money from residents?
(New Braunfels Herald-Zeitung, 10/1/19)

GBRA responds to Publisher’s Perspective
(The Gonzales Inquirer, 9/5/2019)

GBRA Community Response
(Guadalupe-Blanco River Authority, 8/30/2019)

Businesses worry about profits vanishing with lakes
(The Seguin Gazette, 8/28/19)

Future property values muddy ahead of GBRA lake drainages
(ABC KSAT 12, 8/27/19)

Residents seek legal fight with GBRA to save lakes
(San Antonio Express-News, 8/24/19)

GBRA is right to drain lakes
(San Antonio Express-News, 8/22/19)

GBRA pushes forward with lake drainage plans despite pushback
(ABC KSAT 12, 8/21/19)

GBRA sticks with decision to drain lakes despite residents’ pleas to stop
(San Antonio Express-News, 8/21/19)

GBRA pulls plug on lakes over worries about dams
(New Braunfels Herald-Zeitung, 8/16/19)

The Great Drain
(San Antonio Express-News, 8/15/19) *requires subscription

River Authority Announces Four Texas Lakes Will Be Drained To Prevent Floodgate Failure
(Texas Public Radio, 8/15/19)

‘Systematic Drawdown’
(The Seguin Gazette, 8/15/19)

GBRA to begin “systemic” draining of four remaining lakes next month
(NBC News4SA, 8/15/19)

GBRA draining four area lakes
(CBS KENS5, 8/15/19)

4 area lakes to be drained amid concerns over aging dams
(ABC KSAT 12, 8/15/19)

Four GBRA Lakes to be Drained
(WOAI Radio, 8/15/19)

Four Guadalupe River lakes to be drained after Lake Dunlap dam failure
(KTSA, 8/15/19)

Guadalupe-Blanco River Authority Takes Step to Mitigate Risk Posed by Hydro Dams
(Guadalupe-Blanco River Authority News Release, 8/15/19)

GBRA Considers Emptying 4 Lakes Along Guadalupe River Out of Caution
(Spectrum News, 7/18/19)

Lake Dunlap Association Campaigning For Water District
(Texas Public Radio, 6/29/19)

Look at viable solutions for dam repair
(The Seguin Gazette, 6/26/19)

Lake Dunlap homeowners proposing to buy destroyed dam and replace it
(NBC News4SA, 6/25/19)

Residents of Guadalupe River lakes brace for worst
(San Antonio Express-News, 6/22/19)

City Releases Statement On Lake Dunlap Dam Breach, Areas Water Supply
(San Marcos Corridor News, 5/15/19)

No quick or cheap fix for dam spillway at Lake Dunlap
(NBC News4SA, 5/15/19)

Lake Dunlap to completely drain after dam failure
(The Seguin Gazette, 5/14/19)

Lake Dunlap empties after floodgate fails
(CBS Austin, 5/14/19)

Floodgate breaks at Lake Dunlap, property owners warned about rising lake levels
(NBC News4SA, 5/14/19)