Eagle Pass Water Works System Board tables water rights dispute with Dos Republicas

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

The City of Eagle Pass Water Works and Sewer System (EPWWS) Board of Trustees held a special meeting on Friday, October 24, 2014, at the EPWWS conference room located at 2107 North Veterans Boulevard in Eagle Pass, Texas, tackling a water rights issue with Dos Republicas Coal Partnership.

During the Citizens Communication of the meeting, several members of the Maverick County Environmental and Public Health Association (MCEPHA), including George Baxter, spoke against the transfer of 176 acres feet of Rio Grande River water to Dos Republicas Coal Partnership by the City of Eagle Pass.

Dos Republicas Coal Partnership public relations director Rudy Rodriguez advised the EPWWS Board of Trustees that he and other members of Dos Republicas were available if the Board had any questions regarding the water issue.

The EPWWS Board of Trustees went into executive session at approximately 11:23 A.M. to consult with legal counsel pursuant to Section 551.071, Chapter of the 551 Texas Government Code, regarding legal issues involving the water rights transfer agreement and assignment based on the 2002 water supply agreement between the City of Eagle Pass and Dos Republicas with possible action in open session regarding the same.

Dos Republicas Coal Partnership has requested the City of Eagle Pass Water Works System to return the 176 acres feet of Rio Grande River water rights to Dos Republicas alleging that the water rights revert back to them since the agreement lapsed in 2012. The water issue faced by the EPWWS Board stems from a 2002 agreement between the EPWWS and Dos Republicas, which was entered during former EPWWS General Manager Roberto Gonzalez’s tenure, to supply the Dos Republicas open pit coal mine with City water for a period of up to 10 years in exchange for Dos Republicas transferring 176 acres feet of Rio Grande River water rights to the City of Eagle Pass Water Works System.

Although the agreement lapsed in 2012, there are important legal issues outstanding between the City of Eagle Pass and Dos Republicas under the agreement such as what are the terms, obligations, and rights between the parties regarding the 176 acres feet of Rio Grande River water rights.  Dos Republicas claims the 176 acres feet of water belong to them and is requesting they be returned to them.  One issue is if the 2002 Agreement allows the City of Eagle Pass to keep the 176 acres feet of Rio Grande River water rights. Any transfer of Rio Grande River water rights has to be approved by the Texas Commission on Environmental Quality (TCEQ), which regulates the transfer of Rio Grande River water rights.

The EPWWS Board of Trustees returned into open session at approximately 12:17 P.M. after consulting with legal counsel, Heriberto Morales of Langley & Banack. EPWWS Board Chairman Hugo Zapata proceeded to open up the agenda item calling for any motion. Trustee Joe Rodriguez motioned that the Board table the 176 acres feet of Rio Grande River water rights issue and Trustee Dr. Claudia Rodriguez-Wright seconded the motion. Chairman Zapata called for any discussion and there being none called for a vote on Rodriguez’s motion to table the item. EPWWS Board of Trustees Joe Rodriguez, Dr. Claudia Rodriguez-Wright, and Eagle Pass Mayor Ramsey English Cantu voted in favor of the motion to table the item while Chairperson Hugo Zapata and Trustee Larry Martin voted against the motion. The motion to table the 176 acres feet of Rio Grande River water rights issue passed on a split vote of 3-2.

The EPWWS Board has been split on this water rights issue for several months now as evident by past meetings and the October 24th meeting. The EPWWS Board will continue to review all legal options and remedies available to the City of Eagle Pass and its taxpayers regarding this critical water rights legal issue between the City of Eagle Pass and Dos Republicas.