A sharply worded public statement from Hays County Precinct 4 Commissioner Walt Smith is intensifying debate over water policy, development pressures, and political leadership in the region. The March 16, 2026, release outlines a series of concerns regarding Hays County Judge Ruben Becerra’s recent actions, particularly as large-scale water users—including proposed data centers—begin targeting Eastern Hays County. Smith argues that these developments have triggered a late and, in his view, problematic response from the county judge.

“This new player has prompted our County Judge Ruben Becerra to enter the fray for literally the first time, and the lack of understanding and need for political support in a Democrat Primary runoff election has placed Western Hays County at risk,” Smith wrote, directly linking the judge’s recent involvement to political timing and electoral considerations. 

Smith identified the issue as one that extends beyond politics, emphasizing that water management decisions affect every resident regardless of geography or party affiliation. He noted that “water knows no geographic or political boundaries,” adding that long-standing efforts in Western Hays County have prioritized protecting groundwater resources over unchecked expansion.  

Legislative Battles and Claims of Inaction

The statement also places the current dispute within a wider context of legislative conflicts between local governments and development interests. Smith alleges that counties have faced sustained pressure in recent years from developers seeking to limit local control over growth and water usage. According to the release, those efforts have played out across multiple legislative sessions and have required ongoing advocacy from local officials.

“Over the last three legislative sessions, counties and local governments have been under attack by large developers who have successfully attempted to strip away their ability to choose the kind of growth they want for their communities,” Smith wrote. He further stated, “I have attended and testified at numerous hearings on these issues with Judge Becerra never attending a single one,” suggesting a lack of direct involvement by the judge in prior policy debates. 

Smith also drew a clear line between competing policy approaches, stating, “Unfortunately, Judge Becerra has chosen to side with those most abusing our aquifer, I hope purely out of ignorance of the issue, but I fear that is not the case.”  

“Press Release Over Policy” Allegations

A large portion of the release focuses on what Smith characterizes as a pattern of reactive and legally flawed actions by the county judge over the past month. According to Smith, Becerra has made multiple attempts to address what he describes as a water crisis, but those efforts have instead demonstrated a lack of familiarity with both water systems and governing authority. Smith detailed that the first action was a press conference calling on all water providers to declare a Stage 4 drought emergency. While the proposal appeared decisive on its face, Smith argued it was fundamentally flawed, stating that the judge “has no authority to demand it” and that “many systems don’t even have a Stage 4 in their state approved drought plans.” 

Rather than consulting providers or understanding their operational practices, Smith alleged that the judge attempted to impose a standard that does not universally exist. He wrote that the move “caused mass confusion by providers and then went mainly ignored due to a complete lack of authority,” adding that the press conference occurred before any meaningful outreach to those directly managing water systems. 

The release further criticizes a subsequent proposal to implement a 30-day permitting moratorium on high-volume water users such as data centers. Smith stated that while all members of the Commissioners Court oppose such developments for various reasons, the proposed moratorium would have conflicted with state law requiring counties to act on applications within a strict 30-day window. According to Smith, failure to act within that timeframe results in automatic approval, meaning the proposal would have had the opposite of its intended effect. “Judge Becerra’s proposal would have PROMOTED the development of these facilities and prohibited the County from having any input or ability to address concerns,” he wrote. 

Smith concluded that the actions raised serious questions about either the judge’s understanding of the law or his motivations, stating that the situation could only be explained in two ways: “Either the Judge completely fails to understand the law and our duty as members of the Court, or worse, he simply doesn’t care about the law and the issue and needed a press release just a week before a primary election.” 

Dispute Over Court Process and District Attorney Response

The statement also describes a contentious Commissioners Court meeting in which Smith alleges that key materials were not distributed to members in advance. According to the release, commissioners did not receive copies of a proposed resolution until the meeting had already begun, raising concerns about transparency and procedural compliance. Smith wrote that when questioned, the judge initially claimed the document had been finalized only minutes before the meeting. However, during the same discussion, the judge reportedly contradicted that statement by asserting the resolution had been reviewed by legal counsel the previous week—an assertion that Smith said was disputed by county staff. The situation escalated further when the Hays County District Attorney’s Office issued a same-day clarification. According to Smith, the office confirmed it had not reviewed the version presented in court and had received it at the same time as commissioners, after deliberations had already begun. He described the discrepancy as significant, stating that “the Judge’s untruth was so egregious” that it prompted immediate public correction from the district attorney’s office.  

The Water Wars of Western Hays

Smith’s statement then shifts to what he describes as an ongoing conflict over groundwater enforcement in Western Hays County, pointing to two major water providers—Aqua Texas and the Dripping Springs Water Supply Corporation—as key figures in that dispute. According to Smith, both entities have opposed the Hays-Trinity Groundwater Conservation District’s enforcement authority, limiting its ability to regulate pumping and protect the aquifer. He wrote that those actions are “putting private well owners in jeopardy,” particularly as groundwater levels decline across the region. 

Smith cited data he says shows Aqua Texas systems, which operate in areas including Wimberley and Woodcreek, have experienced water loss exceeding 35 percent while also overpumping permitted amounts by tens of millions of gallons annually. He further alleged that customers were recently notified the company failed to conduct required water quality testing under state law. While noting that the Dripping Springs Water Supply Corporation performs better in limiting water loss, Smith stated that it has still exceeded its permitted pumping levels by more than 50 million gallons per year.

According to the release, both providers have responded to enforcement actions not by modifying operations or resolving violations, but by filing lawsuits against the groundwater district, which remain pending. Smith said those disputes are unfolding as conditions worsen locally, writing that “dozens of private wells go dry,” Jacob’s Well has stopped flowing, and multiple water systems in his precinct are experiencing failures. He suggested the timing of these conflicts, alongside the political cycle, raises concerns about outside influence, stating that “politics and political favors may be forcing themselves into the conversation just in time for a political primary.” 

The statement also ties the current dispute to larger legislative battles at the state level, where Smith said “lines were clearly drawn” over groundwater regulation. He pointed to legislation supported by State Rep. Carrie Isaac that would have exempted certain commercial water users from pumping limits, allowing them to operate without caps. Smith described the proposal as one that would have allowed large users to “pump as much and as often as possible with no limitations,” adding that both Aqua Texas and the Dripping Springs Water Supply Corporation supported the measure. 

In contrast, Smith highlighted legislation by State Rep. Erin Zwiener aimed at strengthening groundwater protections, including a proposed fee structure for large commercial users to help fund groundwater districts. He noted that the Hays-Trinity district currently lacks a sustained funding mechanism, relying instead on one-time fees tied to new wells, which he argued creates structural challenges for enforcement. While the legislation passed both chambers of the Legislature with support, Smith noted it was ultimately vetoed by the governor, leaving the district without additional funding tools. 

Smith also alleged that opposition efforts extended beyond the Legislature, stating that the Dripping Springs Water Supply Corporation hosted public meetings criticizing the bill and distributed communications to customers encouraging them to contact lawmakers. He claimed some of those communications were sent through billing systems without required political disclaimers, raising additional questions about compliance and advocacy practices.  

Questions Surrounding “Water Summit” and Outside Influence

The release further raises concerns about a proposed “Water Summit” organized under the direction of County Judge Ruben Becerra, which Smith described as being conducted behind closed doors. According to Smith, the event is being coordinated with the involvement of individuals and entities already tied to ongoing groundwater disputes, including members of the Dripping Springs Water Supply Corporation. He wrote that the utility has committed up to $20,000 to host the event, with a board member tasked with organizing the summit on behalf of the judge. 

Smith questioned both the transparency of the summit and the selection of participants, noting that the event would not be open to public participation despite the judge’s stated emphasis on transparency in government proceedings. He also referenced connections between event organizers, developers, and prior political fundraising activity, raising concerns about potential conflicts of interest tied to water policy discussions.

The statement further cites past regulatory findings involving a developer connected to those organizing the summit, including a determination by the Texas Public Utility Commission that certain billing practices violated state rules. Smith also alleged that the same developer is under review by the groundwater district for operating a public utility without proper authorization. 

As part of the concern, Smith included prior public statements from Dripping Springs utility board president Mark Key, who has argued that groundwater supplies in the Trinity Aquifer are sufficient and that restrictions should be reduced. Smith contrasted those views with concerns from conservation advocates, suggesting that such positions show the divide over how aggressively groundwater should be protected. 

Smith concluded that the situation raises questions about leadership and priorities, particularly given the timing of the judge’s increased focus on water issues. He wrote that residents and stakeholders across Western Hays County are questioning whether current efforts are designed to protect resources or serve political interests, adding that “those who have worked on these issues for years… are all asking these questions and rightfully so.”  

The full release can be found here.

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