Maverick County Solid Waste Authority illegally used MCWCID No. 1 water
By: Jose G. Landa
Eagle Pass Business Journal©
The Maverick County Solid Waste Authority(MCSWA), operator of the Maverick County Landfill on El Indio Highway (FM 1021) in southern Maverick County, was cited for the illegal consumption and use of water without proper authorization and permit from the Maverick County Water Control and Improvement District No. 1 (MCWCID No. 1) for over two years at the MCWCID No. 1 Board of Directors meeting held on Tuesday, February 12, 2013, at the MCWCID No. 1 District Office at the Radar Base in Eagle Pass, Texas.
MCWCID No. 1 General Manager Cynthia Martinez advised her Board of Directors that the MCSWA used water from the water canal lateral adjacent to the Maverick County Landfill without authorization of and payment to the MCWCID No. 1 for over a two year period. Martinez stated that she had received an email from Maverick County Landfill Interim General Manager Mike Castillo earlier on Tuesday, February 12th, advising her that his Maverick County Solid Waste Authority Board of Directors had requested him to contact the MCWCID No. 1 to make arrangements for payment of the water used illegally from the water canal lateral adjacent to the landfill for over a two year period.
Martinez stated that the MCSWA had built two large water tanks far inside its Maverick County Landfill property and filled these water tanks with MCWCID No. 1 water without having previously received legal authorization and permission from the MCWCID No. 1 Board of Directors as well as not paying for the illegal water use. Martinez stated that the MCSWA used two different water pumps for over two years to transfer MCWCID No. 1 water to its two water tanks and a water tank truck. Martinez pointed out that the MCSWA used a four inch water pump to obtain water from the water canal lateral to fill its two water tanks and a six inch water pump to fill-up a 2,000 gallons water truck on a daily basis for over a two year period. She told the Board members that the MCSWA had built a water trench from the water canal lateral to its two water tanks. Martinez told the MCWCID No. 1 Board of Directors that she is in the process of calculating the total amount of water illegally used by the MCSWA during the slightly over two year period and creating an invoice for costs of the water together with interest and legal fees incurred to forward to the MCWSA for payment.
No representative of the MCSWA appeared at the MCWCD No. 1 February 12th meeting to speak on its behalf. Martinez advised the MCWCID No. 1 Board of Directors that the MCSWA had ceased its illegal consumption and pumping of water since December of 2012 when a representative of them last appeared at the MCWCID No. 1 December Board meeting. MCWCID No. 1 Board Member Xavier Mancha stated that they needed to bill the MCSWA for its illegal consumption and use of district water plus charge them interest and attorney’s fees incurred while Board President Travis Kelly stated that the MCSWA needed to approach the MCWCID No. 1 Board of Directors for authorization and approval of a contract to use its water like all district water users. Kelly noted that currently the MCWCID No. 1 does not have any industrial use water for sale as it is already allocated.
Board member Xavier Mancha expressed his concern that this type of illegal consumption and use of water may cause a shortage of water for Maverick County farmers and ranchers. It is unknown for what purposes the MCSWA used the large quantities of illegally consumed water from the MCWCID No. 1. Martinez noted that the MCSWA has water available from the City of Eagle Pass at a fire hydrant located at the front of the Maverick County Landfill. At their last MCSWA Board of Directors meeting, the MCSWA Board approved to proceed with the financing and construction of a second planned waste cell as the Maverick County Landfill original waste cell is almost full to capacity due to many Eagle Ford Shale oil and gas service companies disposition of their waste at the landfill.
The MCWCID No. 1 Board of Directors authorized General Manager Cynthia Martinez to calculate the amount of water illegally used by the MCSWA and to forward their invoice to the MCSWA and meet with them to obtain payment for their illegal water use.
On January 7, 2013, MCSWA General Manager Hector Daniel Chavez resigned his post and Assistant Landfill Manager Mike Castillo was subsequently appointed Interim Landfill Manager by the MCSWA Board of Directors. According to sources, the MCSWA is under investigation by state and/or federal authorities as two law enforcement agents were seen at the Maverick County Landfill office on El Indio Highway carrying boxes and documents on the same day that Chavez resigned.
Attempts to contact representatives of the MCSWA for comments on these developments were unsuccessful.
