Maverick County Commissioners Court approve Clean-up of Elm Creek

By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.

Maverick County Commissioners Court unanimously approved to hire Jesus R. Perez Trucking Company to clean-up Elm Creek for the cost of $27,600 at a special meeting held on Monday, August 25, 2014.

Maverick County Assistant Auditor Luis Rodriguez presented Commissioners Court with the Elm Creek clean-up proposal stating that the Jesus R. Perez Trucking Company proposal for $27,600 was the lowest and most responsible bid submitted. Rodriguez recommended Commissioners Court to approve the Jesus R. Perez Trucking Company proposal.

County Judge David R. Saucedo stated that this clean-up project of Elm Creek is a priority for Commissioners Court. “What concerns me at this juncture is that we get it cleaned out. People are worried in northern Elm Creek and I don’t want for it to be dragged on any longer,” said Judge Saucedo. “We need to get him in right now,” added Saucedo.

“There has been so much sediment over the years that there are portions of it where there isn’t a creek anymore. We had that issue in Seco Creek and we went and wiped it out and we haven’t had that type of issue anymore. We are hoping that this is going to alleviate the situation,” said Judge Saucedo.

Commissioners Court unanimously approved the hiring of Jesus R. Trucking Company for the Elm Creek clean-up project. County Commissioner Jose Luis Rosales stated that the Elm Creek clean-up will begin immediately following its approval by Commissioners Court.

Elm Creek is an important waterway tributary which discharges its waters into the Rio Grande River. During the past two years, Elm Creek has sustained severe flooding due to heavy rainfall in the region causing the creek to jump its banks and flood U.S. Highway 277 North and surrounding Maverick County subdivisions such as Elm Creek, South Elm Creek, Deer Run, Thompson Road, Hopedale, and others. Elm Creek originates in Kinney County and traverses Maverick County directly into the Rio Grande River.

Many Maverick County citizens are concerned that the permitted open surface coal mine known as the Eagle Pass Mine by Dos Republicas Coal Partnership will contaminate and pollute Elm Creek and the Rio Grande River as a result of discharging coal mining waste into Elm Creek and eventually into the Rio Grande. The Elm Creek discharges into the Rio Grande approximately a mile upstream from the City of Eagle Pass’ Roberto Gonzalez Municipal Treatment Water Plant. Over 60,000 Maverick Countians rely exclusively on the City of Eagle Pass water treatment plant on the banks of the Rio Grande for their potable water supply as well as over 180,000 Piedras Negras, Coahuila, Mexico residents who also have their municipal water treatment plant downstream of Elm Creek on the Rio Grande. Over 60% of the permitted Eagle Pass Mine is located in the FEMA 100 Year Flood Plain on the banks of Elm Creek in northern Maverick County near Thompson Road (FM 1588).

Currently, Maverick County is in litigation with Dos Republicas Coal Partnership in two venues. First, Maverick County is appealing the Railroad Commission of Texas coal mining permit issued to Dos Republicas Coal Partnership before the Third Court of Appeals in Ausitn, Travis County, Texas. Secondly, Dos Republicas Coal Partnership filed two lawsuits against Maverick County in state district court in Maverick County for not issuing them a permit to build coal mining water detention ponds on the banks of Elm Creek. Dos Republicas Coal Partnership is locally represented by Claudio Heredia and Rolando Jasso of the Knickerbocker, Heredia, Jasso and Stewart law firm.

Dos Republicas Coal Partnership denies the allegations that the Eagle Pass Mine will contaminate and pollute the Elm Creek, the Rio Grande, and the potable water source of Eagle Pass and Maverick County, Texas.