Canyon Lake
— Residents and business owners of Canyon Lake were disappointed to learn
that Federal District Judge W. Royal Furgeson, Jr. decided in favor of the
U.S. Army Corps of Engineers and the Guadalupe-Blanco River Authority, thus
thwarting another attempt to ensure completion of an Environmental Impact
Statement prior to construction of a massive pumping station on Canyon Lake.
Friends of Canyon
Lake, the non-profit citizens’ watchdog group, hoped to enjoin GBRA from
beginning construction until the study’s completion. GBRA has successfully
fought for three years to prevent such a study, which is normally required
in situations where there will be a significant impact on the environment.
In making his
ruling, Judge Furgeson noted that the State of Texas gave GBRA complete
control of all water in the normal conservation pool of Canyon Lake. GBRA’s
managers, he noted, can literally drain Canyon Lake if they so desire, and
the federal government is powerless to override that authority.
Judge Furgeson
also ruled that the Corps of Engineers fulfilled minimum requirements to
assess the impact of construction of the pumping station on Comal Park, and
that the district court was not empowered to impose a higher standard on
another agency of the government.
However, Judge
Furgeson also took care to note that the court was in sympathy with FOCL’s
goal to protect the scenic river and lake. Sadly, he noted, it just had no
authority to do so.
FOCL’s board of
directors is considering its next move.
An appeal is possible. There appears to be strong, continuing support within
the lake community to fight GBRA’s concerted attempts to exploit every
possible use of the river and the lake for its own gain. GBRA is embroiled
in a number of lawsuits from citizens groups all along the Guadalupe River.
GBRA’s directors
are appointed by the governor, rather than elected by citizens, and
therefore do not answer to voters. As a “quasi-political” agency, GBRA is
self-funded, and allowed to keep all profits obtained from the capture,
sale, treatment, and distribution of fresh water, and the discharge of
sewage. The sewage issue is emerging as one of even greater concern to
county residents than is water quantity.
FOCL was organized
in 2001 by residents and business owners, to challenge state plans which
will significantly alter the lake’s beauty, and its contribution to the
recreation-based economy. FOCL was unsuccessful in gaining a hearing at
state levels, however, and turned to the federal government for assistance.
During this process, FOCL uncovered many serious problems in what they
consider an ill-conceived plan by state officials.
These problems now
cover a wide spectrum of serious economic, health, safety, and environmental
concerns. Latest to be discovered are pollution and potential catastrophic
flooding issues.
The state,
meanwhile, believes addressing a near-term shortage of water to support
unbridled growth in the Hill Country is more important than long-term health
and safety considerations. Officials also do not want to reopen the State
Water Plan.
Persons who wish
to become more informed about this issue can view FOCL’s website at
www.friendsofcanyonlake.com,
or contact one of the board’s directors for speakers at assemblies.
“We’re not going
away,” stated board president Bob Wickman. “We’re going to keep on GBRA to
try to hold them in check. We’re once again asking our elected
representatives to help us protect our endangered resources. And we’re going
to spotlight those who will not,” he added.