Open Records Decision No. 337
December 22, 1982

Re:  Department of Water Resources investigation report on groundwater contamination

Mr. Harvey Davis
Executive Director
Texas Department of Water Resources
P. O. Box 13087, Capitol Station
Austin, Texas  78711

Dear Mr. Davis:

	You have asked whether two reports may be withheld from public disclosure 
under section 3(a)(13) of the Open Records Act, article 6252-17a, V.T.C.S., which 
excepts from required disclosure:

geological and geophysical information and data including maps 
concerning wells, except information filed in connection with an 
application or proceeding before any agency.

	According to its introduction, the first report is a geological evaluation of a 
landfill in southeastern San Antonio, Texas.  It was prepared by a consulting firm for a 
private individual and submitted by that individual to the Department of Water Resources 
in order to assist the department in evaluating groundwater contamination in the area and 
in settling upon possible remedial measures.  Included in the report are, inter alia, 
descriptions of the site geology and discussions of a field reconnaissance of the area, as 
well as various maps, charts, and tables.  The second report is a supplemental report 
which includes “information concerning the explorative borings, the operations plan, 
monitoring systems and water absorption.”  It also contains maps, charts and illustrations, 
and tables.

	Only one prior Open Records Decision discusses the applicability of section 
3(a)(13).  In Open Records Decision No. 312 (1982), we held that certain reports, 
studies, evaluations, etc., containing geological information relating to certain properties 
held by the Lower Colorado River Authority were excepted from required disclosure 
under this section.  There, we deemed it unnecessary to “determine the precise reach” of 
section 3(a)(13), because we concluded that the information in question would be 
characterized as geological and geophysical information and data “under any reasonable 
reading of the section.”

	We believe the same is true here.  We have examined both reports at some length, 
and we are persuaded that without undertaking an exhaustive analysis of section 3(a)(13) 
we may conclude that the information contained in these reports constitutes “geological 
and geophysical information and data including maps” within the plain meaning of this 
section.  You do not indicate that any of this information has been “filed in connection 
with an application or proceeding before any agency.”  We therefore conclude that these 
reports may be withheld from disclosure.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Richard E. Gray III
Executive Assistant Attorney General

Prepared by Jon Bible
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Jim Moellinger
Bruce Youngblood