Eagle Pass City Council approves Motion for Rehearing of Texas Railroad Commission permitting of Dos Republicas open pit coal mine
By: Jose G. Landa
Eagle Pass Business Journal©
The City of Eagle Pass City Council unanimously approved for the City of Eagle Pass to file a Motion for Rehearing of the Railroad Commission of Texas” approval of the highly controversial Dos Republicas Coal Partnership’s open pit coal mine known as “Eagle Pass Mine” at its Tuesday, February 5, 2013, City Council meeting, sending a loud and strong message that the community opposes the permitted coal mine just three miles north from the city limits of Eagle Pass.
The Texas Railroad Commission approved the controversial Dos Republicas Coal Partnership’s Eagle Pass Mine on Tuesday, January 29, 2013, by renewing, extending, and expanding Permit 42-A previously issued to a predecessor company, Dos Republicas Resources Company, in 1994 and subsequently assigned to Dos Republicas Coal Partnership in 2008.
City Councilman Luis Sifuentes made the motion to authorize the City Attorney to file a Motion for Rehearing with the Texas Railroad Commission regarding the granting of Dos Republicas Coal Partnership’s application for renewal, extension, and expansion of the Eagle Pass Mine, Permit 42-A, and to share expenses with the Maverick County Hospital District and any other parties in opposition to the coal mine. City Councilman William “Billy” Davis seconded the motion. The City Council approved the motion unanimously.
The filing of a Motion for Rehearing with the Texas Railroad Commission is to request the Railroad Commission to reconsider its controversial split 2 to 1 vote in favor of Dos Republicas Coal Partnership’s application to renew, extend, and expand the Eagle Pass Mine, Permit 42-A, and a prerequisite in the event of an appeal.
Texas Railroad Commissioner David Porter voted against the extension, renewal, and expansion of the Eagle Pass Mine because Dos Republicas Coal Partnership had failed to meet its burden of proof on having an adequate water supply plan or an alternate plan including chemicals to operate the open pit coal mine. Dos Republicas Coal Partnership’s President and General Counsel, Andres Gonzalez Coss Saravia testified during the Railroad Commission hearing that Dos Republicas did not have contracted water rights to operate the mine and during cross-examination testified that without water they can not operate the open pit coal mine. Railroad Commissioner Porter questioned Hearings Examiner, Marcy J. Spraggins, if the Dos Republicas water and alternate plans were merely hypothetical and she answered “Yes.”
Despite the lack of water or an alternate viable plan to operate the open pit Eagle Pass coal mine, Railroad Commissioners Barry Smitherman and Christi Craddick voted to approve Dos Republicas application to renew, extend, and revise the Eagle Pass Mine.
The State of Texas is currently in the midst of a severe drought with 90 percent of Texas experiencing abnormally dry conditions and 22 percent of Texas is in extreme drought conditions. Water is the number one issue facing the growing Texas-Mexico border population today and in the future. The Texas-Mexico border population is expected to double by 2025, requiring water to sustain the human population. According to the International Water and Boundary Commission, from Del Rio, Texas downstream to Brownsville, Texas all Texas-Mexico border communities rely on Rio Grande River water as its sole source of potable water. All coal mines use millions of gallons of water to sustain its mining activities. With a severe drought and doubling of the Texas-Mexico border population in the immediate future, water is precious and can not be wasted.
All parties to the Texas Railroad Commission hearing on Dos Republicas Coal Partnership’s case have until Friday, February 22, 2013, to file a Motion for Rehearing. The City of Eagle Pass and the Maverick County Environmental and Public Health Association have already signaled their intent to file a Motion for Rehearing, a prelude to any appeal.
