Published Nov. 26, 2003

By Tom Lee

Times Guardian Editor

Friends of Canyon Lake are hoping federal court is more helpful than state court in the group's fight to stop the Guadalupe-Blanco River Authority's plans to divert up to 90,000-acre feet of water per year from Canyon Lake.

"You can stop this project," Jim Blackburn, attorney for Friends of Canyon Lake, said Saturday at a town meeting of more than 200 people at Maricopa Ranch Resort. "You have got to have the willpower to say it's not going to happen. My job is to stop them in federal court. Then, it's going to be in your hands. I can't do this by myself.

"The first hurdle is winning in court. The second piece is the political piece. It helps to have organized government behind you," Blackburn said.

FOCL struck out in state court.

"We never got to tell our story," FOCL spokesman Bob Wickman said.

FOCL was unable to get a hearing at five levels of the Texas legal system.

"This is our nightmare," Wickman said. "Our objective remains an Environmental Impact Statement.

"We believe the GBRA and the State of Texas know the results of an Environmental Impact Statement would be bad, and they don't want you to hear about it."

Wickman said selling 90,000-acre feet of water a year would dry up the shallow coves in Canyon Lake, particularly in dry years.

"Shallow coves make up 50 percent of the surface area of Canyon Lake," Wickman said. "If the lake drops nine to 10 feet, we lose 30 percent of our surface area and our [boat] launch ramps are closed."

FOCL filed a lawsuit in federal court in October to try to force the U.S. Army Corps of Engineers to prepare an Environmental Impact Statement. Blackburn said it is an "administrative lawsuit."

"It's all going to be based on documents in the files of the Corps of Engineers. "I believe we have an excellent case. It's a good case. We have a very, very good chance of prevailing."

"We have requested a permanent injunction. We are at least six months away from [getting one]."

Blackburn said a preliminary injunction could be sought later.

"We can't go to court on that until the bulldozers are ready to roll," he said.

Blackburn said FOCL is facing a "very conservative judiciary."

He said an earlier environmental assessment by the Corp of Engineers was "very limited."

"The issue is, what's going to happen to Canyon Lake?" Blackburn said. "We have to analyze the cumulative impacts.

"Federal court is the place a difference can be made."

Blackburn said an Environmental Impact Statement would look at the "past, present and foreseeable future."

The Corps has "washed their hands of the whole affair," Blackburn said.

"The Corps of Engineers seems to wait to do an impact statement until they are required to by a federal court," Blackburn said. "They would rather duck it and not deal with it.

"The Corps of Engineers abdicated their responsibility. They let you down and let down the state of Texas."

Blackburn said GBRA's objective is "to get water to urban areas, period."

Wickman said Friends of Canyon Lake "wants to raise money to support this federal lawsuit, and we want people on board."

"We have two legislative issues," Wickman said. "The boards of directors of water authorities are appointed. We believe they should be elected. Water authorities have no funds. They're paid every step of the way when water is sold. We believe the money should be refunded to the state. The GBRA should have to march to Austin and ask for funding."

Fundraising Committee Co-Chairman Don Johnson made a pitch for funds for the Friends of Canyon Lake. For more information on how to donate, telephone Don or Patti Johnson at 935-4142.

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