Del Rio City Council postpones action on sale of sewer-treated water to Dos Republicas Coal Mine

By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.

The Del Rio City Council approved to postpone taking any formal action on a pending contract between the City of Del Rio and Dos Republicas Coal Partnership for sale of treated waste water (sewer-treated) for use at their Eagle Pass Mine in Eagle Pass, Texas at their regular monthly meeting held on Tuesday, January 13, 2015, allowing public officials from Eagle Pass and Maverick County an opportunity to make a presentation on their position concerning the Eagle Pass Mine and the proposed contract between Del Rio and Dos Republicas.

This was the second occasion that this specific agenda item has come before the Del Rio City Council for their discussion and possible action. Both times the Del Rio City Council has postponed taking action. Del Rio Mayor Robert Garza and his City Council seek the advice and position of its sister city on the Rio Grande River, Eagle Pass, as any action taken by Del Rio may affect the citizens of Eagle Pass and Maverick County, as well as over two million downstream residents on the Texas-Mexico border.

The first occasion the Del Rio City Council examined this issue was on July 22, 2014. Some Maverick County citizens traveled to Del Rio and advised the Del Rio City Council that Eagle Passans and Maverick Countians vehemently oppose Dos Republicas’ Eagle Pass Mine and such a contract, including 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. Eagle Pass citizens requested the Del Rio City Council not to sell its sewer-treated water, or, in the alternative, to postpone taking action.

At this July 22, 2014, meeting, a Del Rio City Council member 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 to them, tabling taking any action and requesting Del Rio City Manager Robert Eads to research the sale of their water to Dos Republicas.

Dos Republicas is seeking a written contract with the City of Del Rio to purchase their sewer-treated water, which is discharged into the Rio Grande, of over 250,000,000 (million) gallons of Del Rio treated wastewater in a span of four (4) years with an additional four year option period in the future.

Dos Republicas proposed contract with Del Rio is seeking to purchase their municipal sewer treated water as follows: during the first contract year, an annual minimum volume of 48,877,650 gallons (150 acre feet) and up to an annual maximum volume of 325,851,000 gallons (1,000 acre feet); during the second year, an annual minimum volume of 65,170,200 gallons (200 acre feet) and up to an annual maximum volume of 488,776,500 gallons (1,500 acre feet); during the third year, an annual minimum volume of 81,462,750 gallons (250 acre feet)) and up to an annual maximum volume of 651,702,000 gallons (2,000 acre feet); and during the fourth year, an annual minimum volume of 81,462,750 gallons (250 acre feet) and up to an annual maximum volume of 814,627,500 gallons (2,500 acre feet).

Under the proposed Dos Republicas contract, Dos Republicas would be entitled to purchase a minimum total of 276,973,350 (million) gallons of treated waste water and up to a maximum of 2,280,957,000 (billions) gallons of treated waste water from the City of Del Rio during the first four (4) years.

The Dos Republicas proposed contract also has a clause for an optional second term of four years with an annual maximum volume of 814,627,500 (million) gallons per year during the second four year term, totaling a maximum 3,258,510,000 (billion) gallons of treated waste water during the second four year term.

During the eight year term of the contract, Dos Republicas may purchase up to a total of 17,000 acre feet of treated waste water. There are a total of 325,851 gallons of water per acre feet; thus, Dos Republicas’ maximum 17,000 acre feet of water comes out to a total of 5,539,467,000 (Billion) gallons of treated waste water during the eight year proposed contract with Del Rio.

The terms of the proposed agreement also state that the City of Del Rio shall submit an application to obtain a Bed and Banks permit from TCEQ to transport the treated effluent wastewater down the Rio Grande River for delivery and recovery at a Diversion point owned or operated by Dos Republicas Coal Partnership.

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 Dos Republicas would need to operate the Eagle Pass Mine, Dos Republicas’ President Andres Gonzales Saravia declined to disclose how much water the Eagle Pass Mine would need to operate during its life span. This lack of disclosure from Dos Republicas caused Texas Railroad Commissioner David Porter to initially vote against granting the Eagle Pass Mine permit, forcing a controversial 2-1 split vote of approval of the mine with Chairman Barry Smitherman and Commissioner Christi Craddick in favor while Porter opposed it. At the Texas Railroad Commission public hearings, Dos Republicas placed the cart before the horse telling the Railroad Commission staff, engineers, and Commissioners that they would come up with a water plan to operate the Eagle Pass Mine after the permit was granted.

Subsequently, in a Motion to Reconsider the Permit filed by opponents, Commissioner Porter switched his vote in favor to make a slam dunk 3-0 vote for the Eagle Pass Mine despite passionate and eloquent pleas from Eagle Pass and Maverick County public officials and residents to not grant the coal mine permit. One public official told the Texas Railroad Commissioners that if they granted the coal mine permit, it was “an environmental catastrophe” waiting to happen.

The Eagle Pass Business Journal has previously reported that Dos Republicas Coal Partnership has purchased 800 acre feet of Rio Grande River water and recently convinced the Eagle Pass Water Works and Sewer System Board of Trustees to return 176 acre feet of Rio Grande River water previously granted to the City of Eagle Pass by Dos Republicas.

Dos Republicas plans to transport all of its Rio Grande River water rights to its Eagle Pass Mine site through the Maverick County Water Control and Improvement District No. 1, which has a diversion point on the Rio Grande River. Slowly but surely, Dos Republicas’ water needs and strategy for operation of the controversial Eagle Pass Mine is becoming more noticeable and evident to Maverick County citizens and governmental entities. Dos Republicas has publicly announced that its coal mine operator, North American Coal Company, expects to commence coal mining in June of 2015.