Date: Mon, 9 Jul 2001 11:16:43 -0500 Hi Folks, Hope you're enjoying this toasty weather. Makes the rivers seem a lot cooler. It has taken a while (what with Water Safaris and all going on) but I've finally finished this newsletter. In case you haven't heard, you're now a riparian landowner. TRPA now holds the title to ten acres of land at Hidalgo Falls (including some actual riverfront). Read all about it and visit the web site for maps and directions. Things are moving right along on our battle with the Upper Guad Golf Course. Caddo Lake is threatened. And, as usual, we need more money (there's an opportunity coming up with the auction in Houston). Help us get the word out to the rest of the boaters and river lovers in Texas. As usual, feel free to reproduce all or part of this newsletter for distribution. And try to get on the rivers often. Tom Texas Rivers Summer, 2001 The Newsletter of the Texas Rivers Protection Association P.O. Box 219 Martindale, TX 78655 Officers: Tom Goynes, President Martindale, 512-392-6171 e-mail: Goynes@centurytel.net David Reichert, Vice-president San Antonio, 210-545-0548 Leslie Redwine, Secretary San Marcos, 512-392-5182 Duane TeGrotenhuis, Treas. Martindale, 512-353-3946 Board of Directors: Mark Andrus Angleton, 409-849-3732 David Davenport New Braunfels, 830-609-3038 Ann Derby Houston, 713-491-3973 John Dunn Austin, 512-834-4336 Rich Grayson Dallas, 214-308-1469 Jim Hatcher Fort Stockton, 915-336-6700 Ed Lowe Dallas, 214-826-8815 Jeff Pine Austin, 512-443-2870 Ann Stafford Houston, 713-864-0205 Michael Van Winkle Kerrville, 830-895-2359 Fred Zagst Marble Falls, 830-693-1054 Access to Hidalgo Falls is preserved By Tom Goynes On April 3, 2001, with the help of many individuals and other river organizations, the Texas Rivers Protection Association purchased ten acres of land at Hidalgo Falls on the Brazos River. With this action, we became part of a nationwide movement of river conservation groups that are protecting rivers, and the public's right to use them, through land purchases. The property purchased was part of a larger tract that had been a private campground for a number of years. The previous owner died and his heirs decided to close the facility. I can say from personal experience that it takes a special breed to keep a private campground open to the public these days. Activities that used to be considered improper are rapidly becoming the norm. Drug use, public nudity, loud music and profanity no longer have much appeal for me; yet these behaviors are pretty common at many public areas. The old campground at Hidalgo Falls had a bit of a reputation for such a crowd. The heirs decided that they didn't want to continue operating a facility open to the general public. Nonetheless, they had noticed that there was a group of users who were quite different from the average campground customers. These were the whitewater boaters who had frequented the place. The whitewater folk were much better behaved (or at least, compared to the rest of the clientele, they shone brightly). The man who became the spokesman for this group was Steve Daniel, author of the book Texas Whitewater; professor at Texas A&M University; and an excellent whitewater kayaker. Steve was instrumental in negotiating a deal with the heirs, and in leading in the efforts to raise the money for the purchase of the property. Altogether, over $65,000 has been raised and spent on the purchase. TRPA now holds the title to ten acres of land, including seven acres of land upstream of the rapid, which has an easement for access to the river, and three acres of land downstream of the rapid which includes actual riverfront. Use of this property is limited to canoeists and kayakers (also known as "boaters"). This newsletter contains information regarding the certification program that boaters have to go through to get the combination to the gate at the entrance of the property. Once a boater has been certified, he may certify others. We're excited. We know of no other instance (at least, not in Texas) where a group of river users have been able to save an access point. We hope this leads to other purchases. Please consider helping that happen by renewing your membership. Also keep in mind that we need volunteers to help with the mowing and other maintenance at Hidalgo. Let me know if you can help. Financial Report Through 6/15/01 Beginning Balance, 1/1/01 $26,793.59 Contributions received 28,035.49 Interest received 109.35 Subtotal $54,938.43 Expenses: Hidalgo Falls $32,014.00 Lawyer (Guad Golf Course) 9,644.32 Newsletter 100.67 Postage 112.41 Power Supply (computer) 184.29 River Network (dues) 100.00 Medina Clean-up 256.00 Office Supplies 28.26 Printing 12.60 Total expenses $42,452.55 Ending Balance 6/15/01 $12,485.88 Money earmarked for Hidalgo 1,124.22 Money available $11,361.66 TRPA has designated $33,138.22 for the purchase and maintenance of Hidalgo Falls and spent $32,014 leaving a balance of $1,124.22. Our sister organization in this effort, the Texas River Recreation Association has collected $34,235 and has an available balance of $325. Total money spent (by both organizations) on Hidalgo Falls at this time is $65,924. The other large ongoing expense for this organization involves our lawyer expenses in the Guadalupe Golf Course (Southerland) battle. See related article. Obviously, if we are to continue to fight for Texas Rivers and your right to enjoy them, we need your continued support. Please note that there are no salaries involved with TRPA. It is a volunteer organization, so every dollar you contribute goes directly toward river protection. Our smallest Hidalgo donor was $5.00. I know that that is not a lot of money, but without their contribution Hidalgo Falls would not have happened. A BIG THANK YOU to all the people who sacrificed to make a difference. We wish to acknowledge the following donors who contributed $500 or more toward the purchase of Hidalgo Falls: Name Organization Amount Alamo City Rivermen TRPA 500 Randy and Laurie Barnes TRRA 1,000 Bayou City Whitewater Club TRPA 2,000 Keith and Greta Closius TRRA 500 Scott Coultas TRRA 500 Steve Daniel TRRA (AWA) 7,000 James and Cicely Holmes TRPA 500 Houston Canoe Club TRPA 3,500 D. Bruce Litton, Jr. TRRA 4,500 Steven Mills TRRA 7,000 David and Debbie Powers TRRA 8,000 Allen and Betty Scott TRRA 500 Robert Terry TRPA 550 Axel Thomsen TRRA 500 Larry and Judy Wild TRRA 7,000 James Williams TRPA 1,000 American Canoe Association TRPA 500 Cliff & Marilyn Peery TRPA 1,000 The Guadalupe Golf Course (or, Can We Afford 350 Acre Ft Per Year for This Sport?) A quick glance at our financial statement will show that we are rapidly approaching $10,000 in legal fees in our battle to stop the development of a golf course along the Guadalupe River above Canyon Dam. The course will be part of a large subdivision to be located just downstream of Highway 281 on the Upper Guadalupe River. The plan would involve the Guadalupe Blanco River Authority selling this golf course 350 acre-feet of water per year out of Canyon Lake. So, what's the problem? Why do we oppose GBRA selling its lake water? Several problems: first of all, the golf course is located upstream of Canyon Lake. GBRA plans to sell lake water, but let the developer take it out of the river before it gets to the lake. Secondly, the State plans to allow GBRA to sell 350 acre-feet of water, but only deduct 117 acre-feet from the lake. Somehow, if water is sold upstream of the storage container a miracle occurs and it only affects the storage capacity by 1/3. So really, although the State and GBRA would like us to think this is a simple sale of lake water, it has some very far-reaching repercussions. For instance, what is the actual amount of water that will be available in Canyon Lake during the next drought? If upstream sales of water only have a 33% impact on the lake (on paper) how much additional water will GBRA be able to sell out of the already over-appropriated Guadalupe River? This is an unusual case. If it were purely a sale of stored water, the only hearing involved would deal with the right of GBRA to use the bed and banks of the Guadalupe River to deliver its water. But since this involves water being taken upstream of the lake, the Texas Natural Resource Conservation Commission is requiring the developer to acquire a water rights permit. That's where we come in. TRPA, along with a landowner group (the Guadalupe River Association) and the Water Oriented Recreation District are opposing this permit. It is our opinion that we simply cannot afford to use any more water from the rivers of central Texas for the irrigation of golf courses. Our rivers are already over-appropriated. We think it's time for the State to just say no. At the same time, GBRA should be told that it is time to sell water only for essential uses. We cannot continue using water here in central Texas as if we were in Saint Augustine Florida. 350 acre-feet of water is approximately 114 million gallons of water. Assuming the average per capita use of water of 150 gallons per day (which is pretty high water use, in our opinion) 114 million gallons is enough water to satisfy the needs of over two thousand people for a year! It is possible to play golf on native grass or even on dirt (they do it in certain dry climates). On the other hand, it is not possible to paddle a canoe through dirt. If the State grants this permit, it will be allowing water to be used for one form of recreation (golf) at the expense of another (canoeing). Please help us to get this message through to the TNRCC. Caddo Lake Crisis By Barry Bennick There are currently negotiations under way between Marshall, Entergy, and Caddo Lake interests to prevent irreparable harm to Caddo Lake. Should they fail, and we should know soon, a protracted and expensive war will follow. Should this specific power plant assault on Caddo be allowed, others will most likely follow. Please send this on to anyone else you think will be interested. We think if the city of Marshall gets a significant number of calls of concern from around the state, it might make a difference. The City number is 903-935-4416. The Mayor is Ed Smith and the City Manager is Frank Johnson. Anything else you can think of to help will be appreciated. Why Marshall, Texas? Information and Facts About Entergy, Caddo Lake, and Marshall- Water, or at least water rights, are becoming a scarce commodity in Texas and throughout much of the nation. Marshall, a town of about 25,000 has hovered around that population for 50 years or more. Once major players in a strong Northeast Texas political contingent, both Marshall and Northeast Texas have lost political clout over the years with population shifts. Oil, gas, and timber contribute most of the wealth found in the area. This wealth is largely owned absentee. Even royalty owners have left East Texas for the bright lights and opportunity of Dallas, Houston, and the world. East Texas water and particularly Northeast Texas water, overlooked in the past, is becoming a much-sought commodity. The Sabine River and Toledo Bend Reservoir once virtually unused resources, today have no unallocated water, at least at rates power companies will pay. Dallas is acquiring water rights in Northeast Texas, and Houston is doing the same in Southeast Texas. Marshall is an old town, and Caddo Lake is the oldest lake in Texas. In both Texas and Louisiana, water rights to Caddo Lake were split 50-50 by the two states in a four-state, Red River Compact. Marshall is permitted most of Texas' portion of Caddo Lake water, 16,000 acre feet per year by the TNRCC, for municipal water use. This breaks down to 14.28 million gallons daily. Currently, Marshall uses 6 to 9-even 10 million gallons daily. This allocated water is why Entergy has come to Marshall. Why Marshall is so eager to give it up is a mystery, as it will gain no tax revenue and most likely, lose money on the water sale. Vague promises of "preferred rate" electricity for Marshall are simply fiction created by natural gas interests, politicians, and power companies playing on Marshall residents' budget problems caused by rising energy prices. Considering revenues to be generated by this plant, the true beneficiaries from the project are gas producers and Entergy, in that order. Marshall is in violation of its 1986 permit for Caddo Lake water. Surplus water (properly treated effluent) is by permit to be returned to Caddo Lake. It is now being dumped in the Sabine watershed. Not only are they failing to follow their permit, Marshall is also being fined by the state for failure to treat effluent to required standards. Their surplus water is often polluted. When challenged on this, Marshall says, "Why do you want polluted water for Caddo?"-rather than fixing the problem. There is not even a plan in place to do this; or if there is, it is not budgeted or on a timeline. Entergy wants raw water instead of chlorinated water for its plant. As Marshall's permit is for municipal water, it will have to get a permit change for this purpose. Permits today are much more stringent, giving consideration to environmental issues more than in the past. Prior to the June 28 meeting when Marshall agreed to Entergy's terms for water, Entergy and Caddo Lake interests broke off negotiations about Entergy buying Lake O' the Pines water during drought conditions. Drought had been defined as any time the lake level fell below 168.5 feet, the elevation of the spillway on Caddo Lake. Entergy then made a smaller offer than had been promoted by Caddo interests. In addition to its insufficient offer, the Entergy offer to Marshall contains an escape clause. Mayor Ed Smith stated that he thought it could still be compromised (up) but Marshall has agreed to sell Entergy water. Where is Marshall's interest and bargaining power for Caddo Lake in a document containing a "protest" provision that can be triggered by anyone, thus voiding all promises to help protect Caddo Lake? Acceptance of such a clause by Marshall, given their agreement to sell water to Entergy, pits Marshall and Entergy against Caddo Lake interests and might end with detrimental effects for the lake. Caddo Lake is a very shallow lake of some 28,000 acres. It contains far less water than engineered reservoir lakes of similar size. Its spillway is 168.5 feet above sea level. Marshall's water intake valve is at 153 feet above sea level, a difference of 15 1/2 feet. Only the big Cypress Bayou channel has water deeper than that. The Big Lake is 6 to 12 feet deep. The wildlife management area is much more shallow. While it won't happen (at least I hope not), they could suck the lake dry except for the original Big Cypress channel. This channel would resemble Big Cypress Bayou at lower water near Jefferson, not as it is now below the Highway 43 bridge. Sale by Marshall, Texas, of Caddo Lake Water to Bring Electric Plant to Harrison County- On June 14, 2001, the Marshall News Messenger headlined a story about the Marshall Economic Development Council (MEDCO) bringing an offer to Marshall's City Commission (City Council) from Entergy-to build a 550,000 megawatt, gas-fired electric generating plant near Marshall. One megawatt will provide electricity for 1,000 houses. The 550 MW plant will service 2 million people. The population of Marshall is 25,000. MEDCO, chaired by "Rusty" Howell, a Marshall oil and gas producer, boasted of 25-30 permanent jobs for Marshall, increased property tax rolls for the county and school district, and plant construction jobs for 2 years. Though it did not become public for over a week, both the Marshall Independent School District and Harrison County had previously agreed to tax abatements for Entergy months before June 14; and the project had been known to some public officials for up to 2 years. The plant will not pay taxes to Marshall, as it will be located near the Sabine River south of Marshall. Marshall's role in this project is to provide Caddo Lake water for the plant, some 5.5 million gallons daily. This water will be needed to cool the gas-fired generators (turbines). About 70 to 75 percent of the generated power will be exported from the area. The remaining power will go to the Northeast Texas Electric Cooperative, a minority partner with Entergy. The Co-op supplies some seven rural electric co-ops in Northeast Texas. Northeast Texas already exports electricity from the area with the great majority generated going elsewhere. Introduced to the public on the morning of June 14, an attempt was made on the evening of June 14 for Marshall to finalize a contract with Entergy that same day. In addition to using 5.5 million gallons of water daily, the gas-fired plant will use more than $500,000 of natural gas daily. Both Howell, MEDCO Chairman, and Ed Smith, a city commissioner and Mayor of Marshall, are producers of natural gas in the area. Both claim they have no conflict of interest with their dual role of gas production and public service. The attempt for Marshall to enter an agreement on June 14 with Entergy to provide Caddo Lake water was tabled until June 21. On June 21, the agreement was again tabled until June 28. On June 28, the Marshall City Commission passed the measure despite incomplete agreements for additional Caddo Lake water from Lake O' the Pines, fuzzy unenforceable promises of "preferred electric rates" for Marshall, and massive resistance from mounting Caddo Lake interests. Though Mayor Ed Smith led the Commission process for three weeks, he chose to abstain before the final vote. The Commission approved the measure five to one. A developing Caddo Lake coalition has vowed to fight the measure in the courts and through all applicable agencies, state and federal. With only two weeks to gather information and respond through June 28, the coalition is yet ill formed. Coalition leaders and others expressing concern include Don Henley's Caddo Lake Institute, the Greater Caddo Lake Association, Texas Parks and Wildlife, U. S. Fish and Wildlife, conservationists, environmental groups, and Caddo Lake business interests and residents. This list is expected to grow to include similar groups in Louisiana, vacation homeowners on Caddo Lake, and devotees of Caddo Lake throughout Texas. As approval of the water sale took only two weeks and received little statewide publicity, many absentee property owners and Caddo visitors have not heard of the assault on Caddo Lake. Ann & Barry Bennick Pine Needle Lodge Email: barry@pineneedlelodge.com TRPA Fundraiser Announced The Houston Canoe Club and the Bayou City Whitewater Club will jointly hold a Texas Rivers Protection Association benefit auction at the HCC meeting in August. The meeting will be at 7 p.m. on August 8, at the Red Cross Building on Highway 59, just west of Kirby Drive. Tell all your paddling friends about this opportunity to pick up some great bargains and support our cause at the same time. There will be both new and gently used paddling and camping gear and at least one kayak to be auctioned off. Come and bring your checkbook! More about Hidalgo Falls People with Internet access should visit the Hidalgo Falls page, which is maintained by Steve Daniel at: http://www-phil.tamu.edu/~sdaniel/hidalgo.html For directions to Hidalgo Falls, and /or to schedule your certification and get the combination to the gate, contact Steve Daniel (through the above web page) or Tom Goynes (using the phone number, address or e-mail listed on the front of this newsletter). Here is some of the information from the web page: In April 2001, thanks to the support of hundreds of individuals and paddling organizations throughout Texas, the Texas Rivers Protection Association purchased 10.1 acres of property at Hidalgo Falls on the Brazos River near Navasota. TRPA ownership of this property guarantees future kayakers and canoeists access to this popular and unique river resource. For whitewater enthusiasts, it offers a class II rapid with numerous surfing waves, holes, eddy lines and play spots. For flatwater paddlers, it provides a convenient and secure access point for float trips along a very historic stretch of the Brazos as well as a place to learn swiftwater techniques and rescue skills. In the four miles downstream from the rapid, archaeologists have unearthed mastodon bones from the riverbank, and the remains of an early 20th-century lock and dam system still loom large in the river. All of this is just upstream from Washington on the Brazos, birthplace of the republic of Texas. Stephen F. Austin is said to have crossed the river often at Hidalgo Falls. It is said that you could tell if you had a knowledgeable riverboat captain if he could get his boat upstream of the rapid and back down before the river level dropped stranding the boat upriver near Millican or Port Sullivan. The fast moving water and play features of the rapid are rarities in this part of the state. Every July the Texas A&M University Fire School uses the falls for training firefighters swiftwater rescue. There is always enough water in the Brazos (and even through the rapid) for float trips. Much of the flow is determined by releases from dams upstream on the Brazos (e.g., Lake Waco) and tributaries such as the San Gabriel and Little Rivers. There is usually about a 3.5' difference between the Brazos gauge in Bryan on Hwy 21 and the Hempstead gauge: if the Bryan gauge says 12', the Hempstead gauge reads about 15.5'. If the Hempstead gauge is more than 3.5' higher, that means that Lake Somerville is releasing into Yegua Creek upstream of Hidalgo, and that too needs to be added to the Bryan gauge. But generally, people use the Bryan gauge as the marker. Playboaters generally prefer the Bryan gauge to read at least 12', with 17'-21' being super play levels. Above 23' most of the rapid washes out. To check the levels, consult the USGS website. **The TRPA property at Hidalgo Falls is not open to the general public.** Only paddlers who have gone through an on-site certification program can get the combination to the locks on the gates at the entrance to the property. Certified paddlers and their guests must sign one of the registration books every time they visit the property. Visitors must abide by the rules described in the registration agreement. Registration books are located in metal boxes near the upper and lower parking areas. Access and use of the TRPA property at Hidalgo Falls is restricted to certified paddlers and their registered guests who have completed an orientation program onsite and been given the combination to the entrance gate locks. The orientation highlights the boundaries of the TRPA property, the river access easement, and other items noted below. Here are some of the requirements that one must accept in order to be certified: At no time will I allow the gates to be left unlocked. I will ensure that all members of my party sign the registration book kept in the boxes near the TRPA parking areas each time they visit the property. I will admit no unregistered individuals. I must make arrangements to meet my guests at the gate and remain onsite with my party at all times (including overnight camping). I will ensure that my party uses the river access easement area only to launch canoes, kayaks, and sit-on-tops (no motorized craft). No fishing, swimming, bathing, etc. is permitted in the river access area since it is not TRPA property. Only zero impact camping, including carrying in water and carrying out trash, is permitted on the property. Campers are not to disturb the locals and are responsible for any damages done to the property. As a certified paddler I can orient other paddlers, certify them, and give them the lock combination. The orientation will include all of the items covered in this agreement and must be conducted onsite. If my email address or phone number changes, I will inform TRPA so that I can be notified when the lock combination is changed. TRPA is not liable for damage to personal property or injuries to paddlers or their guests. If I, or members of my party, fail to follow these regulations (including registration), my certification may be revoked and access to the TRPA property prohibited. Texas Rivers Protection Association Membership Application To join, or renew your membership, fill out the information below and include a check for your dues. Name __________________________________ Hm Phone________________________ Wk phone____________________ Street __________________________________ City _________________________ State ___________ Zip ______________ E-mail _____________________________________________________________ Fax # Check here if e-mail version of newsletter is sufficient ______ Regular Membership: $10 _____ Protector: $25 _____ Guardian: $50____ Ranger: $100 ___ Is this a renewal? _______ Check if new address _______ All members receive notices and newsletters and get to vote at general meetings. New members receive a bumper sticker. Protectors also receive a cloisonné pin with our emblem. Guardians receive the pin and either a logo cap or logo t-shirt. Rangers receive all three. Guardians need to indicate their choice (cap or t-shirt) and Rangers and Guardians wanting t-shirts should indicate their size (M,L, XL, or XXL). Protectors, Guardians, and Rangers Please send the following: Protector Cloisonné pin ___ Guardian Pin___ and Cap___ or ___ t-shirt size M___ L___ XL___ XXL___ Ranger Pin___ and Cap___ and ___ t-shirt size M___ L___ XL___ XXL___ ____ Check here if you do not wish to receive any merchandise. Mail Application and dues to: TRPA P.O. Box 219 Martindale, TX 78655