Eagle Pass Water Works System Board water dispute with Dos Republicas Coal Partnership continues

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

The Eagle Pass Water Works and Sewer System (EPWWS) held a special meeting on Wednesday, August 6, 2014, at the EPWWS offices on 2107 North Veterans Boulevard in Eagle Pass, Texas, addressing several important agenda items including a water dispute concerning 176 acre feet of Rio Grande River water rights between EPWWS and Dos Republicas Coal Partnership.

In 2002, the EPWWS under the leadership of former General Manager and current Water Consultant Roberto Gonzalez entered into an agreement with Dos Republicas Coal Partnership, or one of its predecessors, to supply Dos Republicas’ Eagle Pass Mine with City of Eagle Pass water for 10 years to be used in the proposed open surface coal mine in exchange for Dos Republicas assigning the water rights to 176 acre feet of Rio Grande River water to the City of Eagle Pass. The 2002 agreement between EPWWS and Dos Republicas Coal Partnership lapsed in 2012 and has not been renewed. During the 2012 and 2013 Railroad Commission of Texas public hearings regarding the permit to design, build, and operate the controversial Eagle Pass Mine, the City of Eagle Pass argued that the 2002 agreement had lapsed and expired. The City of Eagle Pass argued that Dos Republicas Coal Partnership’s application for the Eagle Pass Mine be denied due to lack of a viable and sufficient water rights to operate the disputed Eagle Pass Mine.

The issue being debated between Dos Republicas Coal Partnership and the EPWWS is whether these 176 acre feet of Rio Grande River water rights revert back to Dos Republicas since the 2002 agreement lapsed between the parties or does the EPWWS now own these 176 acre feet of water or have the option to purchase these 176 acre feet of water rights. Both Dos Republicas Coal Partnership and the EPWWS have retained legal counsel to advise them what their legal rights are under the 2002 agreement.

On January 29, 2013, the Railroad Commission of Texas approved the permit to operate the controversial Eagle Pass Mine to Dos Republicas Coal Partnership on a split vote of 2-1. Railroad Commissioner David Porter voted against granting the coal mining permit because Dos Republicas Coal Partnership failed to present a viable and sufficient water rights plan to the Railroad Commission to operate the open surface coal mine in Eagle Pass, Texas.

The City of Eagle Pass, Maverick County, Maverick County Hospital District, Maverick County Environmental and Public Health Association, and local farmers, ranchers, and property owners are appealing the Texas Railroad Commission’s permit to operate the Eagle Pass Mine before the Texas Third Court of Appeals in Austin, Texas.

During the Citizens Communication part of the agenda, George Baxter, Vice-President of the Maverick County Environmental and Public Health Association, Rudy Rodriguez, Public Relations Director of Dos Republicas Coal Partnership, Martha Bowles Baxter, Public Relations Director of the Maverick County Environmental and Public Health Association, Steve Kirk, Construction Manager of the Eagle Pass Mine, and Gabriel De La Cerda, a U.S. Veteran and local farmer, spoke before the EPWWS Board of Trustees.

The EPWWS Board of Trustees went into Executive Session to consult with their attorney to discuss the 2002 agreement and the 176 acre feet of Rio Grande River water rights legal issue.

After a lengthy Executive Session, EPWWS Board Chairperson Hugo Zapata in Open Session called the agenda item for action.

Eagle Pass Mayor and EPWWS Board of Trustee Ramsey English Cantu made a motion that the EPWWS Board of Trustees tabled the item with direction to legal counsel to inform and advise the Board of Trustees the parties’ legal rights and obligations concerning the 2002 agreement at a future regular or special called Board meeting.   The motion was seconded by Board of Trustee Jose C. Rodriguez. The motion was then called for a vote and passed on a split vote of 3 in favor and 2 against. Voting in favor was Mayor Ramsey English Cantu, Board of Trustee Claudia Rodriguez- Wright, and Board of Trustee Jose C. Rodriguez while voting against was Board Chairperson Hugo Zapata and Vice-Chairperson Larry Martin. This is the first time that the current EPWWS Board of Trustees have split on a vote regarding this issue. The agenda item was tabled to a future special or regular board meeting.