FIRST HEARING HELD IN FEDERAL COURT

The long-awaited presentation of oral arguments by FOCL and GBRA occurred in the courtroom of U.S. Justice Royal Ferguson in San Antonio, on May 27th. The hearing lasted about four hours, and the courtroom was packed with observers.

Plaintiff's attorney Jim Blackburn led off on behalf of Friends of Canyon Lake. Blackburn, who is also an environmental engineer, skillfully presented evidence in support of two claims: that an Environmental Assessment of the Raw Water Intake Facility (pumping station) is required by federal statute, and that the cumulative impact of GBRA's planned water diversion necessitates completion of an Environmental Impact Statement. Blackburn carefully noted various federal regulations and case law which support his claims.

The defense countered with a presentation by Army Corps of Engineers attorney Susan Biggs, who argued that the Corps had performed a satisfactory analysis in granting GBRA approval to construct the RWIF. Biggs was followed by David Blank, staff attorney for Vinson Elkins, representing GBRA. Blank spent considerable time arguing that Canyon Lake is a state surface water source, and therefore the Corps has no jurisdiction over what GBRA does with water in the lake which is at or below the Normal Conservation Pool level of 909' msl. Blank, too, presented case law which he believes bolsters GBRA's claims. Blank also repeatedly stated that if GBRA is unable to construct the RWIF on Canyon Lake, it will simply move below the dam, condemn some property, and construct the pumping station there.

Judge Ferguson was patient and inquisitive. At the conclusion, he thanked both sides for good presentations and stated he hopes to render a decision within 60 days. GBRA had hoped for an immediate, favorable decision so it could begin construction.