Maverick County Commissioners Court approve Resolution opposing sale of City of Del Rio treated wastewater to Dos Republicas Coal Partnership
By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.
Maverick County Commissioners Court held a special meeting on Thursday, July 31, 2014, at the Maverick County Commissioners Courtroom in Eagle Pass, Texas, approving a resolution in opposition to the City of Del Rio, Texas sale of treated wastewater to Dos Republicas Coal Partnership for use in its Eagle Pass open surface coal mine.
Despite lacking a viable water plan and insufficient water rights to operate the controversial Eagle Pass Mine, the Railroad Commission of Texas nonetheless approved the permit to design, construct, and operate an open surface coal mine to Dos Republicas Coal Partnership only three miles north of the City of Eagle Pass, Texas city limits in a densely populated area of northern Maverick County on January 29, 2013 in a split 2-1 vote as Texas Railroad Commissioner David Porter voted against the permit due to the fact that the application lacked a viable water plan and acquisition of sufficient water rights to operate the Eagle Pass Mine.
An open surface coal mine uses millions of gallons of water to operate. Despite being asked several times at the Texas Railroad Commission public hearings how much water would the Eagle Pass Mine need and use for its operation, Dos Republicas Coal Partnership representatives declined to disclose how much water the Eagle Pass Mine would use in its operation. Although Dos Republicas Coal Partnershp has acquired some water rights such as the purchase of 800 acre feet of Rio Grande River agricultural water which it converted into mining waters with the Texas Commission on Environmental Quality (TCEQ), Dos Republicas does not have sufficient water rights yet to operate the controversial Eagle Pass Mine. Thus, Dos Republicas is seeking to purchase treated wastewater (sewer) from the City of Del Rio, Texas for use in its Eagle Pass Mine operations, which will eventually be discharged with coal mining waste into the Elm Creek and the Rio Grande River only a mile upstream from the City of Eagle Pass, Texas’ Roberto Gonzalez Municipal Water Plant on the banks of the Rio Grande River.
At a City of Del Rio, Texas City Council meeting on July 22, 2014, Maverick County citizens advised the City of Del Rio City Council the vehement opposition by the City of Eagle Pass, County of Maverick, Maverick County Hospital District, Maverick County Environmental and Public Health Association, and local farmers, ranchers, landowners, and citizens’ to the Eagle Pass Mine by Dos Republicas Coal Partnership and the appeal of the controversial Texas Railroad Commission permit, requesting the City of Del Rio not to sell their treated wastewater to Dos Republicas Coal Partnership. A Del Rio City Councilmember suggested that a resolution from Maverick County Commissioners Court and the Eagle Pass City Council in opposition to the sale of the Del Rio treated wastewater would be persuasive and worthwhile. The Del Rio City Council tabled action on Dos Republicas Coal Partnership’s request to buy their treated wastewater to give the City Manager more time to research the issues regarding the sale of the water.
At the July 31st Maverick County Commissioners Court meeting, many persons addressed Commissioners Court during the Citizens Recognition agenda item regarding the City of Del Rio’s sale of treated wastewater to Dos Republicas Coal Partnership. County Judge David R. Saucedo allowed each person to speak and address Commissioners Court. Both opponents and proponents of the controversial Eagle Pass Mine spoke before Commissioners Court.
Maverick County Farm Bureau President Layde Herring thanked Commissioners Court for considering a resolution in opposition of the potential sale of effluent water by the City of Del Rio to Dos Republicas Coal Partnership. “All the Counties that have established Farm Bureaus have adopted this resolution and/or are in the process of presenting this issue to their county government for consideration and approval.”
Angelica “Angie” Ortiz, a Maverick County resident and an employee of North American Coal Company in their Human Resources Department spoke in favor of the Eagle Pass Mine. “I am proud to work for this company. We are regulated in every aspect of the business, like every other business here in Eagle Pass. We are responsible as in safety, environmental. We have a lot of people from Eagle Pass who have inquired about jobs and this is a good company that has come in to offer lots of positions and opportunities. I know that although there are a lot of questions on different issues of concern that Eagle Pass has. I feel proud to work for them and watch them on a daily basis and take that responsibility and always make sure that we are in compliance,” said Angelica Ortiz.
Maverick County Environmental and Public Health Association Vice-President George Baxter stated that he was speaking on behalf of the local environmental organization in support of the resolution by Maverick County Commissioners Court to oppose the sale of any water by the City of Del Rio, Texas to Dos Republicas Coal Partnership.
“Last week Dos Republicas requested the City of Del Rio to buy their treated waste water. As you know, currently Dos Republicas does not have enough water to operate the Eagle Pass Mine. They are anxious to get water from any source whatsoever. We made a short presentation at the Del Rio City Council meeting about the health hazards of this mine which are outlined in this resolution,” said George Baxter.
Baxter further stated that the Del Rio City Council was very receptive to the facts of Maverick County citizens’ opposition and that they stated that they were going to inquire with both Maverick County and the City of Eagle Pass on their reasons for opposition before making any determinations.
“All the members of the association would like to ask for your approval of agenda item No. 12 passing this resolution, asking that Del Rio not sell any treated waste water to Dos Republicas,” added Baxter.
Construction Manager for the Eagle Pass Mine, Steve Kirk, stated that he has spent the last 40 years in the mining business in some aspect or another. “In mining we have an opportunity to mine coal that provides electricity for heating, light, and the air conditioning that we are enjoying here today. You have an opportunity to help us support our effort here in Eagle Pass. It’s a win, win for everybody. It’s a win for the community with all the jobs that it will create. It’s a win for all the taxes. It’s a win for the people in Mexico. Many of you have relatives in Mexico , many of them do not have electricity and today are in the sweltering heat. They don’t enjoy what we enjoy here. We have an opportunity to build this mine and we are building this mine. We are building this mine through all the regulations that are imposed upon us,” said Steve Kirk.
“North American Coal has won numerous awards of reclamation. We are doing this right and we are asking you for your support. We ask you to not make a resolution opposing our obtaining water from the City of Del Rio,” said Kirk.
Angelica Montalvo, an employee of North American Coal Company, stated “I, as a resident, mother, employee, taxpayer of Maverick County ask Commissioners Court to not go against the Eagle Pass Mine. I have seen and lived through low employment rates in our community. This company brings with it jobs , opportunity not just for us now but for our children in the future. I ask you to really consider the people of this community,” said Montalvo.
Gabriel De la Cerda, a U.S. Veteran and local farmer, stated “ At some point in time, water is going to be the most precious and sought after commodity. It is going to be worth more than the coal they are trying to pull out of the ground. The damage that is going to be done by both mines on both sides of the Texas-Mexico border is going to be seen in 10, 20 years. It’s going to affect our children who are going to have to grow up with it.”
Juanita Martinez, a Maverick County citizen and opponent of the Eagle Pass Mine, stated that no number of jobs being promised were worth the price of damages that is going to be done to the health of the community in the future. “We are here in opposition of this mine, we have no other interest than the health of the community. The rest of you who spoke here, have an interest. You are making money from this company and that is fine. We know that you may need the jobs. We all know we need jobs here, but maybe we can bring in some other type of jobs we are going to fight and fight all the way. We know that you have jobs and are getting paid by the mining company and that kind of makes your speeches here irrelevant, because you are getting paid. We care about our community and it’s going to affect us tremendously,” said Martinez.
Martha Baxter, a Maverick County citizen and a member of the Maverick County Environmental Health and Public Health Association, stated that “The mining company in question does not worry about what will happen to the community and their health in the present and future. They now are trying to buy water and take it away from the river and take it away from the people that live and farm here so they can dig a hole in the ground and become even richer. The City of Eagle Pass, Maverick County Hospital District, and Maverick County are fighting and they (Maverick County) are being sued for protecting our people by not giving them a permit in the flood plain areas, where the retention ponds can overflow and poison that land.”
“I ask the County Judge and Commissioners to please stand your ground. We are so proud of you and what you are doing , to protect our town and not sell out to rich millionaires,” added Martha Baxter.
“There is not one coal mine in the world that is not dangerous. If you can guarantee me on paper and in blood that we will be safe, I will believe it only after I die,” concluded Martha Baxter.
Rodlolfo Cardona, who currently is employed by Camino Real Fuels stated that he worked for over 17 years with MICARE and that in that time he saw the progress that the coal mining industry brought to communities such as Piedras Negras,Coahuila, Mexico. “In that time I saw the progress that it brought to Piedras Negras. Back then thank goodness for the coal being extracted which generated over 5% of Mexico’s energy. I don’t know if you recall how back then Piedras Negras would nourish Eagle Pass with electric energy because Eagle Pass did not have sufficient electric energy. In exchange Eagle Pass would give Piedras Negras, gas. I want to see in Eagle Pass a growth like the one seen in Piedras Negras. I have found out since working under this company that how is it possible that you cannot find a civil engineer in Eagle Pass. There aren’t any and architects are minimal as well. Back in the 1970’s they wanted to open a nuclear waste storage facility in Spofford, Texas and the City of Eagle Pass was against it. Why? Because they felt that it would endanger the Rio Grande. I took part in a study on the City of Eagle Pass’s petition. We found out that if there was a nuclear material spillage that would happen, it would not spill into the Rio Grande as we all had thought but that it would go into the Gulf of Mexico and that it would take over 100 years to get there. If you have any questions in regards to this study you can find it in the University of Texas at Austin. I just want you to balance the good and the bad that this coal mining company will bring to the City of Eagle Pass,” said Cardona.
Nestor Dovalina, a citizen of Eagle Pass and an employee of the mining company spoke and stated that he is very proud to work for the mining company. “I do understand that there might be some concerns from the community regarding environmental issues. I work for the company and I am here and I also have a daughter and a son who also live here in Eagle Pass. The company takes care of business. I am being paid a very good wage and I can tell you and my money stays here in Eagle Pass,” said Dovalina.
Ana Guevara, a Maverick County citizen, stated that coal mining is a huge health problem and that it destroys people’s lives with public health issues such as cancer and many other diseases. Guevara mentioned that she has seen first-hand the bad health effects of the coal mining industry. “Is that what you want here in Eagle Pass?” asked Guevara. Guevara stated that in Mexico at present time, there are people, ranchers, and communities running out of water and that the ganaderos (ranchers/livestock) are also dealing with severe water shortages for their livestock.
Elvira Galvan, a Maverick County citizen, also spoke and stated that she was against the Eagle Pass Mine coal operation due to the deterioration of health and environmental risks that it would bring. “It’s going to cost us our lives just because of greed and money. Think of our children, the future of this town. “ said Galvan.
Jorge Navarrete, Administration Manger for Dos Republicas Coal Partnership, also spoke and stated that, there are various technical reasons that buying effluent water from the City of Del Rio are plausible at this moment for Dos Republicas Coal Partnership. “ To that matter, we are also in negotiations with the Eagle Pass Waterworks and have a pending contract with the Maverick County Water Control and Improvement District . What we are doing is looking at all our options. We have a lot of options to buying water to try to operate. I do want to state that we are a company that has very little time here. This company was created a long time ago and it was bought by the company that I work for. We are not the same management that existed back at that time. We are very open. We try to go to different sectors in the community and explain what we do and what we will do in the future in investments and all the regulations that we abide by in our operation. We have abided by every single rule that the Railroad Commission of Texas has imposed on us. We are doing the same with TCEQ. We are as open as we can be if anyone is to know more, we are more than open to explain and talk about all your concerns and talk about what we do to prevent any damage to your community. We have an open door if anyone wants to come on by we will take care of you and will talk about it,” said Navarrete.
Rudy Rodriguez, Public Relations spokesperson for Dos Republicas Coal Partnership, also addressed Commissioners Court and stated that as of today Dos Republicas has abided by everything that has been asked from them. “This hasn’t been an overnight process to secure the necessary permits to operate a coal mine in the state of Texas. That permit went through a review at the Texas Railroad Commission of Texas and was recommended for approval. It went through a hearing that some of those here were also involved in that went through every technical piece of the application when it came to environmental issues and all the processes. At that point the Hearings examiner recommended approval to the Rail Road commission. Railroad commission then granted approval,” said Rodriguez.
“We get to the water piece which is what here is today. You are right, water rights are expensive and buying treated effluent water is cheaper. We’d like to be more involved and have more involvement from everybody in the community to understand what is actually taking place. As far as water rights, there are going to be bought. We are looking at cheaper avenues and we are pursuing and benefiting communities such as Eagle Pass and Del Rio as well if that is an opportunity. They are currently discharging that water into the Rio Grande River. This is an opportunity in which this community can make money on that. We ask that you go out and tour the mine. The capital investment that is being spent here is $147,000,000. There has been a $10,300,000 contract been awarded to build offices. That is ongoing to be constructed of a coal handling facility and rail access. We are about $65,000,000 of obligated contractual pieces for that mine at this point,” said Rodriguez.
After public comments, Maverick County Judge David R. Saucedo thanked all in attendance and for their public comments. “ That is what’s beautiful about democracy. Everybody gets to speak their mind,” said Judge Saucedo.
Commissioners Court then discussed the agenda item involving the resolution by Maverick County in favor of the opposition of the sale of effluent water by the City of Del Rio to Dos Republicas Coal Partnership.
“I understand that our neighbors from the City of Del Rio needed an official response from Maverick County to see where it is that we stand,” said County Judge Saucedo.
Judge Saucedo then stated that the item was open for discussion and that if any member of the Commissioners Court had questions or comments on the issue.
After discussion, Maverick County Commissioner of Precinct 1 Jerry Morales motioned to approve the resolution opposing the sale of effluent water by the City of Del Rio to Dos Republicas. Commissioners Court approved the resolution on a 3 to 1 vote with one absent Commissioner. County Judge David R. Saucedo, Commissioner Jerry Morales, and Commissioner Jose Luis Rosales voted in favor of the resolution while Commissioner Roberto Ruiz voted against the Resolution. Previously, Commissioner Roberto Ruiz had voted to approve the Dos Republicas Coal Mine during an earlier term as County Commissioner. Commissioner Asalia Casares was absent from the meeting.
