Our most important project remains our water right effort. We have received a draft copy of the proposed permit from TCEQ ( Texas Commission on Environmental Quality---a new name for the old TNRCC). Since the proposed permit grants SMRF 980,000 acre-feet/year of the requested 1.15 million acre-feet/year for the bays and estuaries, the Board approved the proposed permit as a reasonable first step in moving the permit process ahead without causing any delay. We hope to receive the actual proposed permit within the next two weeks. Then the hearing will begin between supporters and protestants. Keep abreast by "Hot News" on our web site: www.sanmarcosriver.org.

Judge Davis also made his ruling on the "Bed and Banks" case in the District Court. We have not received a copy of the final order so we cannot comment on it yet. From what we have heard, Judge Davis apparently decided to "punt" and rule against both SMRF and the City, and in favor of TNRCC's permit. We will now have to decide what to do about appealing to the Third Court of Appeals. The City is apparently planning to appeal.

Dianne and Tom Wassenich, Jim Blackburn, and I just returned from a conference on "Water Needs, Rights, and Availability in the Guadalupe River Basin", sponsored by the recently established SWTSU International Institute for Sustainable Water Resources, headed by Andrew Sansom. Sansom is the former Director of Texas Parks and Wildlife Department. The conference was very informative but disappointing in that many of the important invitees---particularly from the Texas legislature and major water rights players---failed to show up . Nevertheless, the issue of maintaining instream flows and bays and estuaries got an airing and a good discussion was had by those who did attend. Sansom deserves credit for organizing the conference---it should have been a premier event for water interests in the state. (You can lead a horse to water, but you can't make him drink!)

Get more details on these issues and others elsewhere in the following pages, and join us in our work and fun.

Jack Fairchild, President of the Board

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ENVISION CENTRAL TEXAS IN YOUR MIND OR AT A WORKSHOP NEXT WEEK

Please check out the website www.saveyourspace.org now to read about the urgent need for citizens of the five counties around Austin, including Caldwell and Hays, to attend one of the Envision planning workshops going on Oct. 15 or 17. SMRF volunteers are needed for the Lockhart meeting and for the Dripping Springs one, too. Carpools will be arranged from San Marcos, call 393-3787. Please read this website and register for one evening, or even two if you are really enjoying it. If you do not have internet access, call to get further explanation about how to participate or register. Childcare and snacks provided, 6-10 p.m. are the times for both. Envision asks that you register by Oct. 9, though they may be so short on Caldwell and Hays citizens that they will probably take late registrants. If you read the website you do not need to go through a training. They will be adding more items to the website over the next few weeks, so another quick read just before the workshop you choose, would be a good idea. The object of this Envision plan is to see what "the people" think about growth and where it should be allowed or banned. If you don't participate, your right to complain about what happens here is forever voided. If you just can't make it that week, please find someone who can and pass this info on. SMRF members may know more than most citizens about the fact that there is not enough water left to support the doubling of the population here, so they REALLY need to participate.

RIVER PAINTINGS BY CUMMINGS TO BE AUCTIONED AT PETFEST OCTOBER 12

Why do SMRF members need to know this? Because Sally Cummings, SMRF volunteer who has spent years painting beautiful San Marcos and Blanco River landscapes in oil, has contributed over 20 paintings to the Animal Shelter Friends for a silent auction. It is from 11-7 near the big stage on Hopkins and the Old Fish Hatchery Building during Petfest, and there will be booths and bands all day on Saturday, October 12. Please go by to see and bid on the paintings, which will be priced very reasonably and the proceeds will benefit the animal shelter. Sales of Cummings' river paintings were a source of funding over the past ten years for SMRF, to help with the work of cleaning up discharges to the river, and she continues to provide SMRF with river paintings for the lovely thank you notes that members receive for dues and donations. Also the "Water" Exhibit at the Activity Center right now has a couple of Cummings paintings and many other ones by local artists to view or buy. If someone would like to staff a SMRF table at the Pet Fest to give away SMRF brochures and set up a display, call 393-3787. If there were 4 volunteers of 2 hours each it would be enjoyable and easy work.

ELEPHANT EAR REMOVAL PROJECT

The City of San Marcos is teaming up with the Youth Service Bureau to carry out a US Fish & Wildlife Service project, trying a new method to remove elephant ears. The plants use tremendous amounts of water, trap silt to make the river bottom unlike its natural state, and compete with wild rice and other native plants (winning that competition), They are now found all the way to the Gulf. They are particularly thick in San Marcos, and different methods of removal have been studied for many years. This time they plant to cut off the leaves, leaving a bit of stem,and trained biologists will be touching the cut stem with a sponge with Rodeo herbicide on it. This will be a very light application, and the results will be known in the next month or two, at least for the test areas around Aquarena Center. It remains to be seen how many reapplications will be required over the next two years of this project. They will also be lifting out any unrooted elephant ears before starting the cutting process. The vegetation will be composted. Any bare spots will be closely watched to see that they revegetate with natives quickly, and if not, plants will be planted. SMRF members will be observing closely during this test period this fall, reporting the results in future newsletters.

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CONFERENCE SATURDAY, OCTOBER 12, AND NOTES ABOUT TWO MORE

A coalition of environmental groups and foundations called Texas Living Waters is sponsoring a conference "Water for People and the Environment" in the Science Building on Comanche at SWT this Saturday, and though registration ended October 8, people can probably attend if they do not plan on having lunch. To register, go to www.texas.sierraclub.org and look for this conference date. It is a great chance to hear speakers on water and conservation topics from all over the country, network, and learn about these important issues in our region. SMRF will be there to speak on the water right application for instream flows.

Another conference is coming up in November that SMRF has been asked to participate in, at Texas Lutheran University in Seguin on November 21, "Drought Punctuated by Flood, Water in South Central Texas". See the website www.tlu.edu to register for the Krost Symposium. It has a most interesting list of speakers as well, and instream issues will be discussed extensively, as well as Edwards Aquifer issues, of course.

The forum mentioned by Pres. Fairchild on the front page was held by the new International Institute for Sustainable Water Resources at SWT at the beginning of October, and included many state agency people from Texas Water Development Board, Texas Commission on Environmental Quality and Texas Parks and Wildlife. Speakers covered the history of water rights, and how consideration for environmental flows for rivers and bays has progressed to the current situation. Myron Hess of National Wildlife Federation discussed the SMRF application done in 2000 to finally try to protect an adequate amount of water for instream flow. It could have been an opportunity for the opposition for SMRF's application to discuss their concerns, but only hired attorneys representing GBRA and San Antonio were sent, so there was no discussion from those two entities. Joe Moore of SWT presented information about their Lower Guadalupe Diversion project for them.

HOUSTON ENDOWMENT GRANT FOR STUDIES, STAFF, AND OPERATING SUPPORT

SMRF was very honored to receive a grant of $75,000 from Houston Endowment Inc. for 2002 and 2003 to use toward projects to help protect the water quality and flow of the San Marcos River, its tributaries, and the mainstream of the Guadalupe River, an area affecting 22 counties in south and central Texas including the Gulf Coast. This greatly appreciated grant is being used for technical studies, staff, educational, and office expenses.

VOLUNTEERS NEEDED FOR EXOTIC SPECIES REMOVAL OCTOBER 16-21

Thanks to all who have already helped with the vacuuming project to remove the exotic plant (Cryptocoryne from Sri Lanka) that has colonized a large area below Thompson's Islands and Stokes Park. MUCH more help is needed, and shifts are 9-12 and 12-3, either weekdays or weekends, October 16-21. To get details, email Ben Grod at the McCarty Lane federal fish hatchery and refugium, bgrod@swt.edu or call him at 353-0011. Choose to work in the water or on the bank. This project is sponsored by US Fish & Wildlife Service, Texas Parks & Wildlife, and many others. They provide gloves. Bring a lunch and water, and wear clothes that can get wet, like long sleeves and long pants over a swimsuit, and water shoes like tennis shoes. It is simple labor, not complicated. Thanks also to all who helped with the big annual wild rice survey in July and August, too.

Volunteers were stationed in the water to scoop out gravel and plants from the big straining basket that the vacuum hose leads to. Other volunteers stand on the bank to carry dip nets of gravel and plants to the drying bed. Experts run the vacuum underwater with snorkels and masks on. Volunteers can choose their station, shifts, and days, and can switch off to get wet when they want. Teams of six work each shift, each day. Please volunteer to help, they need you!

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MEMORIALS RECEIVED IN MEMORY OF STEVEN KEITH PAYNE

SMRF was deeply honored to be chosen as recipient of memorials for Steven Keith Payne of Houston in September. Steven was a life long canoer and lover of natural beauty and Texas rivers, and he attended Camp Stewart on the Guadalupe as a child. His friends tell of his canoeing and camping adventures at Enchanted Rock, on the Brazos, the Medina, and in Big Bend. He passed away just one hour short of his 42nd birthday and is survived by his mother Helen Payne of Sugar Land, a brother Lee Payne of Katy, a sister Karen Payne of Houston, a sister Marian Payne of Little Rock, Arkansas, and innumerable lifelong cherished friends. Steven was an avid outdoorsman who loved not just canoeing, but climbing the Davis and Rocky Mountains, flying a small plane, and scuba diving. His mother remembers his childhood fascination with the Alamo and Davy Crockett. After he grew up, he was often requested by teachers to visit and enrich their classes with his passion for history. It gives SMRF members an added boost of confidence to know that those who loved Steven Payne are trusting SMRF to preserve rivers for future generations. We must work hard to make sure that rivers do exist in the future, and are still beautiful and clean, in memory of Steven.

DONATIONS AND BIG THANK YOU'S

The Purgatory Creek Chili Pod has once again made SMRF the recipient of a large donation from their summer chili cookoff benefit. This year they donated $800, following a steady history of many years of large donations. Their benefit was moved this year from Shorty Grumbles's riverside home at Staples Dam to the Hays County Civic Center because of the flooding in July, but it was successful anyway. (And Shorty's house did not QUITE get flooded.) Their member Janie Burruss placed 12th in the September Chilympiad as well. Thanks to the local chili cooks and the 2002 Great Pepper of their Pod, Mike Benold.

Centurytel's donation was used for the river cleanup, the Ezell's Cave equipment to monitor aquifer water quality deep below San Marcos, and also for the River Rangers test kit supplies to monitor the river with volunteers from San Marcos Luling, year round. John Navarette, general manager of Centurytel gave a check for $1000 to Ann Allen, SMRF Treasurer.

John Hohn donated part of the supplies used to finish the beautiful mosaic mural on the river bank retaining wall below the Lions Tube Rental, be sure to go see it! This was a project of Sabina Reynolds, SMHS art teacher and her many artistic students from the High School Art Club, Youth Service Bureau, Crockett's Horizons classes of Judy Brown, and many community members over several years of work. It is a masterpiece. Hohn has also printed up a dozen SMRF tshirts to be sold to raise additional funds for the mosaic mural, and those can be purchased by calling Therese Whalen at 357-6117 or emailing her at therese@riverrats.net. Thanks to John for designing and donating those t-shirts! As this newsletter went to press, Youth Service Bureau told us of John's donation of his canoe trailer to their River Rats project. YSB bought kayaks with a TPWD grant to assist City biologists with regular river cleanup patrols of local students, called the River Rats. The Lions also assisted YSB with this worthy project. Thanks go to Hohn for the much needed canoe trailer donation.

EXOTIC SPECIES BOOKLETS FOR GOODNIGHT JUNIOR HIGH STUDENTS

Paula Power of US Fish & Wildlife (at the McCarty Lane fish hatchery and endangered species refugium) located 150 booklets about the problems caused by exotic species and obtained them for SMRF to distribute to teachers that could use them in their coursework. Teachers Sandra Baker and Kristie Olinger of Goodnight Junior High were glad to use them, as their students will study the San Marcos River this spring. Thanks to Paula for helping out with this donation, and to the teachers for helping students to learn that dumping aquariums and baitbuckets into the river is a very harmful thing.

GRANDE GRANT FOR NEWSLETTER COSTS

Once again this newsletter's printing and mailing costs were covered by a grant from Grande Communications. Grande is a San Marcos-based broadband company serving homes and businesses throughout the I-35 corridor with high-speed Internet service, local and long distance telephone services and cable entertainment . They currently serve customers in Austin, Corpus Christi, Midland/Odessa, San Antonio, San Marcos and Waco. Libby Malone, Senior Manager of Community Relations for Grande gave a donation to SMRF Executive Director Dianne Wassenich. The rest of the Grande crew was there to help Malone cook and serve at the Cottage Kitchen that day, to benefit the Heritage Association. They just took a break from lunch duty to hand over the donation, two community services at once.

SMRF COLOR BROCHURES AVAILABLE FOR EDUCATING THE PUBLIC

Please ask for a stack of color brochures about SMRF's water right application for instream flows, like the one placed in the last newsletter! Place them at your business, or places that would be good for distributing them to the public, perhaps at festivals or other gatherings around the state. There are plenty to distribute, since a grant from the Hobby Family Foundation paid for printing a large quantity, and SMRF wants to get all of them out to the public. The brochure helps people understand the need for protecting instream flows and tells them exactly how to help. SMRF is pleased to ship as many as needed, call 512-393-3787 to get a supply today. Or ask for a speaker to come to your club meeting and speak about SMRF's many projects, including the water right application, show beautiful river slides, and bring brochures for all.

RIVER CLEANUP WELL ATTENDED THIS FALL

Big crowd last Saturday, of all ages. Thanks to TG Canoes for providing so many canoes free of charge. It was a great day on the river, lots of flow from the heavy rains this summer. Cuevas Produce, Chili Dog II on Aquarena Springs, and Shipley Donuts provided breakfast, while the City, Lions Club, and SMRF provided the pizza lunch, and the City Greenhouse Interpretive Center staff coordinated the whole event. Freebies and bags were provided by Keep Texas Beautiful. Prizes were given out afterwards from River Pub and Grill, Sundance Records, Fuschak's BBQ, Conley Car Wash, Outback Steakhouse, Cafe on the Square, Dairy Queen, Wesray's Imperial Garden, Golden Fried Chicken, Sonic, Applebee's, Lone Star Cafe, Alvin Ord's, Grins Restaurant, Montana Mike's and Red Lobster. What great support from the community for a worthy cause--a clean river!

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BIRD BOARD AND LECTURES AT GREENHOUSE INTERPRETIVE CENTER

San Marcos' own Nature Center will have some interesting Halloween-themed talks, at noon each of these dates. Bring your own brown bag lunch. October 30, Bat Conservation International will speak on bats in the San Marcos area, and on November 7, Sheryl Smith-Rodgers will talk about spiders. There is also a new feature at the Greenhouse, next to the Tourist Center on IH 35 at Riverside, and that is the Bird Board. Birdwatchers who walk along the River Walk can tell the Greenhouse staff about bird sightings that will be placed upon this board with the date to help people know what they might see, when visiting San Marcos' riverside trail system. Call 393-8448 if there is not time to drop by. Remember the Greenhouse when thinking of places to volunteer, they can always use help with their educational tours and native plant gardening. They need used garden tools also.

SMRF EMAIL LIST FOR WEEKLY EVENTS AND FLOOD NEWS

Fortunately, SMRF members have not needed flood updates lately, after the big scare in July. So far the hurricanes have been mostly east of here. But remember to use the July newsletter to learn how to use the USGS gauges to predict floods before the next emergency warnings, and sign up for the SMRF email list for warnings during high rainfall periods. Floods can surprise the Martindale area and parts of San Marcos when heavy rain happens in Blanco and Wimberley, even when there has not been much rain here. In addition to flood news the SMRF email list receives weekly updates about events that involve the river, so members can volunteer or speak up when necessary. To join, email wassenich@sanmarcos.net. To see the last newsletter, look on the website www.sanmarcosriver.org, and click on Newsletters, July 2002. (Thanks to SMRF webmaster, Mark Kosary, for keeping up the website as a volunteer---couldn't do it without him!)

THE EVELYN R. EDENS AWARD FOR RIVER CONSERVATION WORK AWARDED TO SMRF IN JULY 2002

SMRF received the Evelyn R. Edens Award at the annual state awards banquet of the Sierra Club in July. Ms. Edens was an environmentalist from Fort Worth who worked to protect the Brazos River, so when she died in 1993 this state award for river conservation work in Texas was named for her by the Lone Star Sierra Club.

BED AND BANKS ISSUE JUST WON'T GO AWAY

Long time SMRF members will remember when, years ago, SMRF went through a hearing to win restrictions on the City of San Marcos plans to withdraw the amount of wastewater that they discharge into the river, about a mile downstream and send it to their drinking water plant. The City called it an indirect reuse project that uses the Bed & Banks of the river to transport the water. SMRF won some of the points they were pressing for, so that environmental needs of the river and downstream water rights have to taken care of, with the most severe restrictions during droughts. The City sued TCEQ about those restrictions, and SMRF sued TCEQ because there were many points about the case that SMRF was not allowed to discuss in the hearing, which SMRF felt were very relevant. Like whether this water---that the City would use the river to "polish" (or dilute) to better quality---should be considered public or private water. Those two suits were combined in District Court and heard over two years ago by Judge Davis. The decision is just out but not yet in SMRF's hands, and it agrees with TCEQ's restrictions on the pumping, which the City had sued over. It does not rule in SMRF's favor on its concerns, either, but just upholds the TCEQ permit as is. The City has decided to appeal, and the SMRF board will consider their options in the next month. Other cities that are planning Bed & Banks permits are watching.

TNRCC (NOW TCEQ) TRAINING FOR CITIZENS COLLECTING POLLUTION EVIDENCE

Several SMRF members attended a workshop held by TCEQ this summer to help citizens understand how to collect evidence of pollution that is helpful in prosecuting the violator. Here are some things to keep in mind when sampling or photographing pollution, or videotaping it:

1. Keep a copy of your notes from that day, on a piece of paper, in the form of a log or journal. Note the date, time, weather conditions, temperature, anything at all that you observe. Who is there, location, what is going on, anything you can think of that might be asked someday. Do not include any editorial comment, only notes written in a scientific or dry descriptive manner. Sign it.

2. If you are videotaping with a sound recording going on as well, do not make any editorial comments that could mean that your evidence is thrown out of court as "biased". Just describe the weather, date, time, location, any items that are relevant, in a scientific way. No opinions or judgements.

3. If you are photographing it, be sure your camera date is set to the proper date, and take the film to be developed at a local developer. Do not send it far away, where records cannot be easily checked, for instance a mail order developer in another state.

4. Don't go on private property to sample, and be careful not to handle contaminated soil or water in a way that will harm you, and definitely avoid any fumes, smoke, or gases. Never enter confined spaces to sample!

5. Know that you will have to go to court to swear that your evidence is yours and you saw what you did, maybe a year or longer in the future, so make all the notes you need to be sure of all facts. You can turn in a complaint anonymously, but then you cannot submit any evidence, you will have to rely on TNRCC to come take the evidence, and sometimes they don't do that in time to get it, for instance in fish kills.

To report pollution incidents, there is an emergency number that can be called at any time of day or night, 1-888-777-3186. Or email cmplaint@tnrcc.state.tx.us. If you do not get action, ask for the Field Operations Supervisor to report the lack of action. The Austin Field Office covers the San Marcos area.

LOCAL GUIDES OF TEXAS WRITE ARTICLE FOR SOUTHWEST FLY FISHING MAGAZINE

Marcus Rodriguez and Johnny Quiroz, local fishing guides, have had a beautiful 8 full pages published about the San Marcos River and their fishing tripson the river, in the Fall issue of Southwest Fly Fishing Magazine. It is still available on newstands. The two guides wrote and photographed the article, and the pictures of both fish and scenery are spectacular. There is also a good map and description of their favorite stretches, and they cover the river, the fish, the gear and techniques.

See www.guidesoftexas.com. The article also advertises local lodging and the Chamber of Commerce for more information, and the local flyfishing club, Hill Country Flyfishers at www.fishhead@texas.com.

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