Hays County gets $425,000 in Hamilton Pool lawsuit

Updated: Aug 23, 2019

By Patrick George

Updated Sep 27, 2018 at 1:52 AM

Hays County will receive a $425,000 settlement as part of a lawsuit against development and excavation companies accused of polluting Hamilton Pool.

Hays County commissioners voted unanimously Tuesday to accept the terms, nearly wrapping up a $3.5 million suit against Rodman Excavation Inc., Coldwater Development Ltd. and engineer Aaron Googins. Hays and Travis counties and landowners downstream from the Ranches at Hamilton Pool subdivision filed suit in 2007, saying construction runoff had traveled down Hamilton Creek and clouded the pool.

The case was heard in the 98th District Court in Travis County but was settled before a ruling. The developers are expected to sign the Hays County settlement.

In March 2009, Travis County commissioners accepted their portion of the settlement, $2.1 million , which the county will use to clean the pool and creek. Hays County will use its $425,000 to pay legal fees and expenses, officials said.

The State of Texas will receive $500,000, and three downstream landowners will receive settlements ranging from $95,000 to $190,000.

“I think it’s a fair and successful settlement,” Hays County Assistant District Attorney Mark Kennedy said. “I hope it serves as a reminder to the actors in our community that we need to be more responsible in developing sensitive properties in the Hill Country.”