Del Rio City Council tables sale of sewer-treated water to Dos Republicas Coal Partnership
By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
The City of Del Rio, Texas City Council unanimously approved to table the sale of sewer-treated water to Dos Republicas Coal Partnership for use in its controversial open surface coal mine known as Eagle Pass Mine in Eagle Pass, Texas in solidarity with the citizens of Eagle Pass and Maverick County at their meeting held on Tuesday, January 27, 2015.
After an hour long discussion, Del Rio City Councilman Rowland Garza made a motion to table the City of Del Rio’s sale of sewer-treated water or grey-effluent water to Dos Republicas Coal Partnership in support of the people of Eagle Pass and Maverick County, whom the overwhelming majority vehemently oppose the opening of the open pit coal mine in their community, and City Councilman Rene “Reno” Luna seconded the motion. Mayor Robert Garza called the motion for a vote and the Del Rio City Council unanimously approved the motion to table the sale of its city’s sewer-treated water to the foreign-owned Dos Republicas Coal Partnership until a future date once it receives all its permits, all legal matters are decided, and commences operation of the Eagle Pass Mine.
Maverick County Judge David R. Saucedo, Eagle Pass Mayor Ramsey English Cantu, and Eagle Pass Councilwoman Gloria E. Hernandez addressed the Del Rio City Council and presented the numerous reasons why the citizens of Eagle Pass and Maverick County strongly oppose the proposed Eagle Pass Mine as well as the possible contamination of its sole source of drinking water from the Rio Grande River as a result of coal mining waste and storm waters discharges into Elm Creek, Hediondo Creek, and the Rio Grande while pleading that the City of Del Rio not sell its grey-effluent waste waters to Dos Republicas Coal Partnership or at least postpone taking any action on the proposed contract submitted by Dos Republicas Coal Partnership to the City of Del Rio until all pending legal matters pertaining to the Eagle Pass Mine are resolved by state agencies or legal courts of law. They also pointed out the possible contamination of the air and the risks of increased diseases within the community such as Cardio Pulmonary Obstructive Diseases resulting from the operations of the controversial open surface coal mine and answered many questions from the Del Rio City Council concerning the status of the coal mine.
Dos Republicas Coal Partnership was represented by its public relations director, Rudy Rodriguez, and Steve Kirk of Camino Real Fuels, LLC, a subsidiary of North American Coal Company, LLC, who has been hired to be the operator of the controversial Eagle Pass Mine on behalf of Dos Republicas Coal Partnership. Rodriguez advised the Del Rio City Council that Dos Republicas Coal Partnership already had all of its permits and were going to begin excavation of coal in July of 2015 and that Dos Republicas had recently purchased additional water rights and had sufficient water to operate the coal mine without the City of Del Rio’s grey-effluent treated waters. Rodriguez noted three Del Rio City Councilmembers had participated in a Dos Republicas Coal Partnership-sponsored coal mine tour. Kirk informed the Del Rio City Council that Camino Real Fuels, LLC, was commencing excavation of coal in June of 2015 and that coal mining has provided many benefits to society.
Over 20 Maverick County citizens attended the Del Rio City Council meeting and spoke against the sale of Del Rio’s sewer-treated waters to Dos Republicas Coal Partnership. George Baxter, Second Vice-President of the Maverick County Environmental and Public Health Association, presented the water and air contamination posed by the Eagle Pass Mine to the citizens of Eagle Pass and all Texas-Mexico border residents living downstream of Elm Creek, including Piedras Negras, Coahuila, Mexico, and the toxic and hazardous air pollution to the citizens of Del Rio and Val Verde County emanating from the two coal generated electricity plants in Nava, Coahuila, Mexico, whom the proposed Eagle Pass Mine coal would be sold to and burned. Also speaking against the sale of Del Rio’s sewer-treated waters to Dos Republicas Coal Partnership included Ladye Herring, Gabriel de la Cerda, and Juanita V. Martinez of Eagle Pass.
Del Rio Mayor Robert Garza noted during discussion that the proposed terms of the water sale contract between Dos Republicas Coal Partnership and the City of Del Rio was for a minimum of $318,000 and a maximum of $2.4 million during the first four years. The proposed contract has an option to extend it for an additional four year term. Del Rio City Councilman Mike Wrob stated that it was up to the citizens of Eagle Pass and Maverick County to decide if they did not want the coal mine and that the City of Del Rio should respect and support the citizens of Eagle Pass’ decision to oppose the coal mine. Del Rio City Councilman John A. Sheedy, IV, stated that he had visited a coal mine in Longview, Texas operated by North American Coal Company and did not see any problems with the Longview coal mine. Although Sheedy opined that the Texas Commission and Environmental Quality (TCEQ) has strict regulations, he concurred that Del Rio should support Eagle Pass and Maverick County. Del Rio City Councilmen Rowland Garza and Rene “Reno” Luna also agreed that Del Rio should table taking any action on the proposed water sale contract out of respect and in solidarity with the people of Eagle Pass. Del Rio Mayor Garza noted that he did not want to take any action on the proposed water sale contract while there are legal matters pending before state agencies and courts at law and that the City of Del Rio should support the citizens of Eagle Pass and Maverick County, recommending that the agenda item be tabled.
This is the third time that the Del Rio City Council has voted to postpone the sale of its grey-effluent waters to Dos Republicas Coal Partnership with the first being on July 22, 2014, followed by January 13, 2015, and January 27, 2015.
The proposed contract between Dos Republicas Coal Partnership and the City of Del Rio calls for the purchase of up to a maximum of 17,000 acres feet of water during an eight year term. There are 325,851 gallons of water in an acre foot of water. Dos Republicas seeks to purchase a maximum of 5,539,467,000 (Billion) gallons of water during the eight year term for use in the Eagle Pass Mine. The proposed contract is contingent on the City of Del Rio applying for and receiving a Bed and Effluent Permit with TCEQ.
During the first year of the proposed contract, Dos Republicas may purchase a minimum of 48,877,650 (Million) gallons (150 Acre Feet) and a maximum of 325,851,000 (Million) gallons (1,000 Acre Feet) of sewer-treated water; in the second year, a minimum of 65,170,200 (Million) gallons (200 Acre Feet) and a maximum of 488,776,500 (Million) gallons (1,500 Acre Feet); in the third year, a minimum of 81,462,750 (Million) gallons (250 Acre Feet) and a maximum of 651,702,000 (Million) gallons (2,000 Acre Feet); and in the fourth year, a minimum of 81,462,750 (Million) gallons (250 Acre Feet) and a maximum of 814,627,500 (Million) gallons (2,500 Acre Feet). During the second four year term, Dos Republicas may purchase a maximum of 814,627,500 (Million) gallons (2,500 Acre Feet) each of the four years.
Currently, Dos Republicas Coal Partnership is involved in two legal appeals and a contested case of its revised water discharge permit with TCEQ. First, the Railroad Commission of Texas permit to Dos Republicas Coal Partnership to operate the controversial Eagle Pass Mine is on appeal before the Texas Third Court of Appeals in Austin, Texas. Secondly, Dos Republicas Coal Partnership is appealing Maverick County Judge and Flood Plain Administrator David R. Saucedo’s denial of a construction permit within the 100 Year FEMA Flood Plain before the Texas Fourth Court of Appeals in San Antonio, Texas, Third, Dos Republicas Coal Partnership has requested a contested case status of its revised and renewal water discharge permit of coal mining waste and storm waters into Elm Creek and Rio Grande River before TCEQ.
