SAN MARCOS RIVER FOUNDATION NEWSLETTER VOL. 13, NO. 3
Printed Quarterly -- August 20, 2003
PRESIDENT'S MESSAGE
SMRF is presently
in a "waiting" mode. First, we are waiting on the
judges of the Court of Appeals to rule on our appeal of TCEQ's
"Bed and Banks" reuse permit for the City of San
Marcos which was ably argued on June 4, 2003 by our attorney
Renea Hicks. Second, we are waiting on the next procedural
step in our appeal to the District Court on TCEQ's denial
of our water right application on March 19. Third, we are
also waiting to see how the "Instream Flow Policy Study
" (required by the passage of Senate Bill 1639 by the
Texas Legislature on the last days of the session) is going
to be implemented.
The outcome of
these three issues will require the SMRF Board to make some
critical decisions about how best to focus our energy and
resources to move forward. If continued legal actions are
deemed necessary, we will need to continue to find funds to
support the actions. Executive Director Dianne Wassenich has
been successful thus far in locating such funds, but it will
remain a continual challenge. The instream flow policy study
will require careful watching to be sure it is done in a professional,
scientifically sound and credible manner.
Now that the feverish
activity of early 2003 has subsided somewhat, we hope to have
a chance to address other issues that have had to be deferred.
New issues developing are the lay-offs of City Staff at the
Greenhouse Interpretive Center which could adversely affect
river awareness and monitoring activities. Another issue is
the developing problem of drunken tubers shouting abusive
and foul language as they tube down the river from Westerfield
Crossing, downstream of San Marcos. There is always that "2%"
which cause major problems for those who merely wish to enjoy
the river in peace and quiet.
On the good side
this last weekend, my family including grandchildren, were
able to enjoy tubing on the upper San Marcos to Rio Vista
Dam, and canoeing, kayaking, and swimming on the lower San
Marcos River to Staples. I am happy to report that the river
still remains a great resource to enjoy thanks to all the
good work of SMRF members and their allies. Keep the pressure
on!
Jack
Fairchild, President of the Board
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COVER
OF TEXAS PARKS & WILDLIFE MAGAZINE
The beautifully
photographed July '03 issue has an article about San Antonio
Bay, titled "The Whooper's Table", about the need
for fresh water to flow to the Guadalupe Estuary from the
Blanco, San Marcos, and Guadalupe Rivers. Written by Michael
Berryhill, the article states, "A nonprofit group called
the San Marcos River Foundation has moved the issue of environmental
water to the top of the state's water planning agenda by applying
for 1.3 million acre-feet of water rights in the Guadalupe"
(and San Marcos River). The article also notes the importance
of the health of the bays and estuaries of Texas to the shrimping,
commercial fishing, recreational fishing, birding and tourism
industries plus rural communities.
DUES
REMINDER AND HOW TO GET INVOLVED IN PROTECTING THE RIVER WITH
SMRF
The envelope
taped into your newsletter is a gentle reminder to help members
pay their 2003 dues. To help everyone remember when they last
contributed, the database manager for SMRF has coded each
label with a color. If you have no color on your label, you
have either already paid your 2003 dues, or you are a lifetime
member. If you have a yellow mark, you last paid your dues
in 2002. Green means you have not paid since 2001 or earlier,
so newsletters may not continue to be mailed after this one.
SMRF board members will make a round of final phone calls
to make sure these records are correct before newsletters
are discontinued. Thanks to all who have already sent in their
2003 dues! If the way your label is marked is incorrect, please
contact SMRF at 393-3787.
Dues are
spent on the many ongoing projects like river cleanups, buying
water quality test kits/supplies for the River Ranger volunteers,
and funding the water quality equipment and repairs on units
in the aquifer in Ezell's Cave and in Lake Dunlap where the
San Marcos drinking water comes from, educational work with
schools and Aquarena Center, and mailing newsletters. This
is important work that deserves to be funded, so help SMRF
add to the membership list by giving a gift membership to
a friend or relative when paying your own membership dues.
Members receive a quarterly mailed newsletter and are welcome
to email SMRF to be added to the weekly email update list.
This allows everyone to get involved in volunteer opportunities
that come up on short notice. To be added to the email list,
send a request to wassenich@sanmarcos.net
SMRF's
board meets every month on the last Wednesday of the month
at 6:30 at the Freeman Building on the SWT campus. The Freeman
Building is on Sessoms Drive, across from the Joe's restaurant.
Visitors are always very welcome. Once a year in January,
SMRF members gather for a party and to elect board members.
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ENVISION
CENTRAL TEXAS ---COME HEAR ALL ABOUT IT SEPT. 29, 7 P.M.
An effort
is underway to involve every person who lives in a five county
area around Austin in planning for future growth, by a nonprofit
entity called Envision Central Texas. Similar efforts have
been helpful for cities in Oregon and Utah. Many SMRF members
attended workshops and expressed their individual opinions
last fall for this ECT planning project. In late July an ECT
presentation was made in San Marcos about the four possible
types of growth plans or models that the public will get to
review this fall. At the end of September, there will be ECT
questionnaires inserted into every newspaper in the five counties
involved, and every person can fill one out and send it in,
or do it on-line or by phone. There will also be special gatherings,
like the one on Sept. 29 at 7 p.m. at the Activity Center
to inform people and allow discussion about the four very
different plans, before answering the questionnaires. Be sure
to participate and get friends and family to participate too.
Sign up for the SMRF email list so you will get notices about
these meetings by emailing wassenich@sanmarcos.net today.
This ECT
effort is very important for the future of this area, the
air, the water, the tax rates, utility rates and more. See
the website for more information at www.envisioncentraltexas.org
and review the four scenarios in advance, or watch for the
information leaflet inserted in your newspaper. Computer modeling
by ECT planners show how different types of growth affect
how much of the recharge zone is covered, how much congestion
on highways for commuters is predicted, how that affects air
quality, how much infrastructure will cost like water and
wastewater lines, etc. It helps make it fairly easy to choose
which scenarios are good for future generations as well as
current residents. The numbers of questionnaires returned
will have a big impact on whether a sensible kind of growth
is actually implemented by local governing bodies. Please
give ECT your opinions and preferences via this questionnaire.
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AQUIFER
LEVEL AND RIVER FLOWS HOLDING ABOVE AVERAGE THIS YEAR
In mid-August,
the Edwards Aquifer level in the J-17 well was 679.3 ft. above
sea level. The Edwards Aquifer level which triggers drought
restrictions is 650 ft. and pumping reductions begin when
the level drops to 630 ft. This has been an unusually good
year for the aquifer, with heavy rains on the recharge zone,
ever since the massive flood of July 2002, when 50+ inches
of rainfall were received in some areas. The San Marcos River
flow in mid-August was 176 cfs (cubic feet per second), which
is quite high when you consider that the average 20 year historical
flow (1969-1989) of San Marcos River is only 157.9 cfs. The
historical low flow was 46 cfs in mid-August, 1956. This is
the year to really enjoy the river, while it is having such
good flows.
LIONS
CLUB BUILDS NEW WATER SAVING RESTROOMS FOR CITY PARK
Visitors
to the City Park this summer have new restrooms, courtesy
of the Lions Club, to the tune of $25,000 plus labor donated
by the Lions. They were lucky to have their long time member
Ron Knotts as the general contractor for the job, for which
he won "Lion of the Month" in July. The best thing
about the new restrooms is that the toilets are water-savers---
long needed and much appreciated by the community and SMRF.
The restrooms are located in the former tube storage area,
near the SMRF information kiosk about the river which the
Lions Club also funded. The Lions contribute to many projects
in the community and are one of the major contributors along
with the Heritage Association, who established the original
endowment fund of SMRF. In recent years, the Lions have funded
many water quality projects through SMRF, like test kits for
the San Marcos River Ranger volunteer river testers, and the
Ezell's Cave equipment that monitors aquifer water quality.
STATE
LEAGUE OF WOMEN VOTERS ENVIRONMENTAL AWARD GIVEN TO SMRF
Local
LWV and SMRF members attended the state LWV banquet in San
Antonio to accept the award recognizing SMRF's efforts to
keep Texas rivers flowing.
SMRF DONATES TO NEW WATER QUALITY TESTING PROJECT
ON LAKE DUNLAP
SWT (Tx.
State) professor in the Aquatic Biology Program, Dr. Al Groeger
is leading the important effort to monitor water quality in
the Lake Dunlap area. San Marcos gets most of its drinking
water from Lake Dunlap now, which is a dammed area in the
Guadalupe River just east of IH 35 at New Braunfels. This
water, when used and passed through the wastewater plant to
be cleaned, is then discharged into the San Marcos River.
The monitoring project uses a new kind of equipment that runs
up and down daily in the lake, in one spot, to measure layers
of water and various water quality indicators and temperature.
This is the first time this type of equipment has been used
in Texas. Preserve Lake Dunlap and Friends of Lake McQueeney,
Canyon Regional Water Authority, and the International Sustainable
Water Resource Institute at SWT are the major contributors
to this water quality project, and SMRF's board voted to assist
with a donation as well. The testing will go on for several
years, and more donations are being requested to keep it operating.
TRASH,
PARKING, AND OTHER PROBLEMS INTENSIFYING ON RIVER NEAR MARTINDALE
The numbers
of people using the river for tubing downstream of San Marcos
has taken a marked upswing this year. Some believe it is because
the floods of July 2002 shut down the Guadalupe last summer
for several months, so many people discovered the San Marcos
as a substitute tubing location. Some think it is because
increasingly tighter laws regarding drinking on the Guadalupe
have made it more appealing to a certain segment to come to
San Marcos instead. Having high flow rates in the river this
year has certainly made the tube trip faster than normal,
though it is still much slower than the Guadalupe. Many tubers
enter the river not realizing how many long hours it takes
to get from one crossing to another, with nothing but alcohol
in their ice chests.
At any
rate, parking problems which block the roads at Westerfield
and other crossings, trash problems, dangerous big public
brawls at the local stores, underaged drinking and drug use,
serious wrecks, and numerous confrontations with riverside
landowners over beer cans thrown or broken glass and human
waste left on their property, have mushroomed this year. SMRF's
board passed a resolution to encourage vigorous enforcement
of all the existing laws to try to get the problems under
control, and make sure the river is a safe and clean place
for visitors and residents.
Caldwell
County's Sheriff Daniel Law and his deputies, Hays County
Sheriff's Dept. and Capt. Williams, and Department of Public
Safety's Colonel Wolpman have been patrolling and ticketing
offenders of DWI and drug laws, speeding and parking. The
Caldwell County Environmental Officer has dealt with sanitation
violations. DPS is working with Martindale's Police Chief
to help handle DWI prosecutions.
Hays County
Commissioner Debbie Inglesbee has assisted greatly by coordinating
with law enforcment officials and replacing the "No Parking"
signs first installed ten years ago at Westerfield crossing.
These signs were knocked down and stolen this spring, causing
further problems with enforcement of parking policies put
in place ten years ago by agreement with local landowners,
canoers, and County Commissioners. Now canoers and swimmers
and tubers will once again be able to load or unload their
boats and gear at the river in the gravel area where the boats
can be put in. Then they must take their vehicles past the
No Parking signs, several hundred yards from the river, to
park on the side of the road. The buses and trailers full
of boats or tubers can also unload in the gravel area, without
blocking the roadway. Big farm equipment or trucks like the
pesticide truck that recently almost fell into the river,
can change their minds about crossing the river and turn around
in that gravel area and head back to Staples Road, without
backing up for miles. That is why the No Parking areas were
originally established, and also for the safety of the many
people including children who are milling around at that popular
river crossing and swimming hole.
Please
call in dangerous or drunk drivers and public brawls to 911
immediately, to prevent innocent victims from being hurt as
well as the offenders. The area law enforcement officials
are all familiar now with the growing problem and will respond
promptly. Parking and sanitation problems can be dealt with
by calling the non-emergency numbers of the counties or DPS.
Attacking dogs can be turned in to the Sheriff's Department.
Please assist in this effort for the safety of all.
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PARKS
BOARD GIVES AWARDS TO CITIZENS FOR PARKS SUPPORT
Dr. Jack
Fairchild, President of the SMRF Board and also Lions Club
President this year, received the award from Chair Sherwood
Bishop of the City Parks Board. The award recognized the positive
impact on the City's parks by Dr. Fairchild through his volunteer
work, and awards were also given to Ken Bell of the City's
Park Rangers and Alan Holt, donor of 80 acres of Blanco riverside
land for the City's park system.
WANT
TO HELP MONITOR RIVER WATER QUALITY WITH THE RIVER RANGERS?
Call 557-7571
to be put on the list of those wanting to be trained at the
next session the San Marcos River Rangers hold. This volunteer
group tests the San Marcos River regularly at sites from Aquarena
to Luling, and many of the volunteers have been doing this
for years. There are always new slots available though, as
people move away from the area, so call today to get their
training schedule.
WOULD
YOU RATHER PLANT AQUATIC PLANTS TO REPLACE EXOTICS?
Email
bgrod@swt. edu to get on the volunteer list for this worthy
project. Over the past year, Paula Power of the National Fish
Hatchery on McCarty and Ben Grod, volunteer coordinator for
this project, have led a crew of volunteers in using an innovative
large suction device to vacuum up the exotic Sri Lankan plant
called water trumpet from the floor of the river near the
City Wastewater Plant and State Fish Hatchery. Now the volunteers
will be planting native vegetation to replace the exotic plants.
With the hot weather, this is a great time to volunteer for
a fun job that is accomplishing a worthy goal. There are also
jobs for people on the river bank, so you don't have to get
wet if you do not want to be in the river. Half day shifts
are also possible, if the 9-3 shift does not work for you.
Or call 353-0011, ext. 226.
NWF
SURVEY SAYS "TEXANS WANT RIVERS AND BAYS FOR FUTURE GENERATIONS"
The National
Wildlife Federation commissioned a well respected polling
agency to ask a representative sample of Texans how they felt
about making sure that rivers would continue to flow in the
future, and provide bays with enough water to survive. The
results were overwhelmingly in favor of preserving minimum
adequate flows so future generations could also have healthy
rivers and bays. The press release about this survey, with
sample questions listed and details about percentages of Texans
agreeing, are on a very interesting website, www.texaswatermatters.org
. The whole website is full of good information, but to see
the specific article about the survey results, click on Resources
in the bar at the top of the page and then scroll down through
the press releases to look for the "Survey" article.
THANKS
TO THOSE WHO CARE ABOUT THE RIVER
The Campfire
kids have been learning about how trash and cigarette butts
go into storm drains and get washed into the river from all
over town. The group had a field trip to SWT to pick up butts
to give the college students a lesson by seeing the kids in
action. The kids gathered 3000 butts in one hour, filling
a 5 gallon bucket. To reward them, they got a free lunch and
glass bottom boat ride at Aquarena, and a certificate of thanks.
They plan to do it again in February.
The family
of Charles Reubush chose SMRF to be the recipient of memorials
in his name. The cypress tree planted in his memory is doing
very well on the riverbank in an area that needs revegetating
between Cheatham Street and the Little League Park. The tree
is securely fenced to prevent vandalism and planted close
enough to the river that its roots are well watered. The only
danger to it is the nearby bank erosion from heavy use by
dogs that claw their way up the bank to get out of the river,
and that is a problem that needs solving.
Bobcat
Build is a great volunteer project involving SWT students
in the community, holding its first annual work day under
the able organizational direction of Kim Porterfield, the
SWT-Community Liason. All kinds of work was done around town,
but the ones who cleaned the City parks along the river are
especially thanked by SMRF. The Greenbelt Alliance also had
help from a crew that cleaned up Schulle Canyon.
DON
HENLEY PRESS CONFERENCE AT CAPITOL
A press
conference at the Capitol by well known songwriter, musician
and conservationist Don Henley (pictured above) was covered
by many newspapers across the state this spring. He has also
founded the Caddo Lake Institute and works to protect that
natural lake. Henley's eloquent and direct statement at the
press conference was supportive of SMRF because "Texas
rivers and bays are stressed and dying", while water
rights for pumpers are continually being granted, even when
it is apparent that too many water rights have already been
granted. Many Texas TV stations, radio stations and newspapers
covered the press conference, which also mentioned the NWF
Survey written about on p.5.
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PRESS
CLIPS ABOUT SMRF
Thanks
to the Los Angeles Times who had a front page article in July
re SMRF's water right and Western water woes. The Baltimore
Sun picked up the story as well. The Gulf Coast Connections
fishing magazine gave a full page this spring to an article
by SMRf, and the Platte Whooping Crane Trust newsletter did
too. The national Whooping Crane Conservation Association
ran articles in their newsletter and on their website in support
of SMRF. The Victoria Advocate gave front page coverage to
a press conference held by the D.M. O'Connor Ranches, expressing
their support for the SMRF effort to keep rivers flowing.
The Coastal Conservation Association (CCA, a very large saltwater
fisherman's group) was there with National Wildlife Federation
to express support as well. CCA's newsletter has run several
articles in support of SMRF and preserving river flows. The
Houston Chronicle ran a front page article about SMRF (with
a photo of most of the SMRF board) and the four additional
groups which applied for water rights to leave minimum flows
in Texas rivers. Many Texas newspapers ran articles about
the TCEQ meeting in March, and the importance of the SMRF
effort to the future of Texas rivers.
UPDATE
ON SMRF'S WATER RIGHT PROJECT AND "STUDY COMMISSION"
This fall
will bring meetings by legislators and their appointees to
study the Texas policies (or lack thereof) to protect rivers
and bays with adequate minimum flows. SMRF and its supporters
will be monitoring this "study commission" and trying
to speak at the proper time. No news is available at the time
of this newsletter about exactly who will be appointed to
the study commission.
Back in
March the SMRF permit was not sent to a hearing as SMRF had
requested. TCEQ Commissioners decided to not even consider
the application after SMRF's patient three year wait, despite
recommendations by TCEQ staff and attorneys that the case
go to a hearing. So SMRF immediately filed a petition asking
the District Court in Travis County to require TCEQ to send
the permit to a hearing, which SMRF believes is the proper
place to hear scientific evidence about setting a minimum
adequate flow for the San Marcos and Guadalupe Rivers.
By the
time the bill passed that set up the study commission on instream
flows, and called for the moratorium on new instream water
rights like SMRF's, SMRF had already filed the petition in
District Court. SMRF's water right application was originally
filed in July 1999 under existing laws, so the petition makes
it clear that the application pre-dates by three years the
recent bill. SMRF 's board felt this legal action was essential
to the continued flow and health of the San Marcos and Guadalupe
Rivers and their estuaries. So many water rights have already
been granted on these rivers that it will be difficult to
keep the river and bays healthy when these rights are fully
utilized in the future. There is no plan in place to lower
pumping limits when drought comes, like the Edwards Aquifer
has. Texas water laws do not protect rivers or bays, so citizens
groups have had to step into the void and speak up before
it is too late. The Rio Grande is a bitter lesson for Texans,
and SMRF will do all it can to make sure that the San Marcos
and Guadalupe do not suffer the same fate. Several permits
similar to SMRF's for other Texas river systems are coming
before TCEQ Commissioners at their September 24th meeting,
so it will be interesting to see how the moratorium is handled.
TCEQ
COMMISSIONERS' WORKSHOP ON WATER RIGHTS IN JULY
The TCEQ
Commissioners held a work session to consider instream water
rights issues on July 25 in Austin, with Texas Parks &
Wildlife and Texas Water Development Board staff and board
members participating. Visitors like SMRF members were not
permitted to ask questions, but the large room was full of
many interested observers.
Todd Chenowith,
Water Rights Permiting Manager, reviewed laws in Texas and
several other states, followed by an explanation of how TCEQ
protects rivers, bays and estuaries while granting water rights.
Several special cases in Texas were mentioned, involving reservoir
passage and salinity restrictions, plus the environmental
flow restrictions mandated by the Legislature in 1985. Only
water rights issued since '85 have to "consider"
maintaining environmental flows. He used many graphs generated
by the new TCEQ Water Availability Models for every Texas
river basin to illustrate the critical nature of the flow
in most Texas rivers and how that affects bays and estuaries.
He said that presently environmental flows can come only from
unused or unappropriated water rights. Critical low flows
are often based on water quality requirements for wastewater
discharges, rather than instream uses, to be frank.
He plainly
stated that Texas water law requires "assessing"
water availability, but does not limit granting water rights
on that basis. Texas has no mandatory system to reserve flows
for environmental uses. Commissioner White also agreed with
this statement, saying "This is the law, and TCEQ must
follow it". The availability graphs TCEQ staff handed
out were eye-opening, even for the East Texas rivers that
flow to the coast.
STUDENTS
AT AQUARENA
Aquarena's
educational workshops for children bring in thousands of students
each year. They learn about archeology, watersheds, water
pollution, and endangered species in the river and aquifer.
Students learn to dissect a fish, and peeking into a box to
check on the answer to a question on the top of the box about
the artifact inside. They also learn about water pollution,
archeology, watersheds, and the local endangered species in
the river and aquifer. Monthly Meetings Third Wednesday 6:30
p.m. Freeman Bldg.
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