Eagle Pass Water Works System Board grapples with Dos Republicas Coal Partnership water issue

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

The City of Eagle Pass Water Works System (EPWWS) Board of Trustees held their regular monthly meeting on Tuesday, June, 10, 2014, at the City of Eagle Pass Water Works System Office located on 2107 North Veterans Boulevard in Eagle Pass, Texas, grappling with Dos Republicas Coal Partnership’s (DRCP) request to return 176 acres feet of Rio Grande River water rights.

During the Citizens Communication portion of the public meeting, members of the Maverick County Environmental and Public Health Association (MCEPHA) spoke up regarding Agenda Item No. 6 concerning a water rights transfer agreement and assignment between the City of Eagle Pass and Dos Republicas Coal Partnership for 176 acres feet of water from the Rio Grande River.

MCEPHA Vice-President George Baxter addressed the EPWWS Board of Trustees and presented certain public record documents showing that the 176 acres feet of Rio Grande River water claimed by DRCP actually belong to the City of Eagle Pass and should not be returned to the coal mining company.

The EPWWS Board of Trustees revisited and discussed in executive session, pursuant to Section 551.071, Chapter of the 551 Texas Government Code, with legal counsel 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.

The issue faced by the EPWWS Board stems from a 2002 agreement between the EPWWS and DRCP which was entered during former EPWWS General Manager Roberto Gonzalez’s tenure to supply the coal mine with City water for a period of up to 10 years in exchange for DRCP transferring 176 Acres feet of Rio Grande River water rights,  The agreement between the EPPWWS and DRCP lapsed in 2012.  DRCP is now requesting EPWWS to return the 176 Acres feet of Rio Grande River water rights since the 2002 agreement lapsed without being fulfilled.

Although the agreement lapsed, there are important legal issues outstanding between the EPWWS and DRCP 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.  DRCP claims the 176 acres feet of water belong to them and is requesting they be returned to them.  Any transfer of Rio Grande River water rights have to be approved by the Texas Commission on Environmental Quality (TCEQ), which regulates the river’s water rights.

After a lengthy executive session, the EPWWS Board of Trustees reconvened into open session and proceeded to instruct and moved that the EPWW Legal Counsel, Heriberto Morales of Langley and Banack, talk to DRCP to obtain additional information concerning the 2002 water rights and water supply agreement between EPWWS and DRCP.  The EPWWS Board unanimously approved the motion.  Further information and research is needed by the EPWWS regarding the pending legal issues arising from the controversial 2002 agreement between EPWWS and DRCP.  Local citizens oppose the transfer of the disputed 176 acres feet of Rio Grande River water rights to DRCP.  Unless the parties reach an amicable resolution, there is a possibility that this issue may end up in litigation for a Judge or Jury to decide.