City Councilwoman Gloria E. Hernandez raises key governance issues concerning coal mine
By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
Eagle Pass City Councilwoman Gloria E. Hernandez raised key City of Eagle Pass governance issues during a recent local cable access television interview on Thursday, June 4, 2015.
One of the issues raised by Councilwoman Hernandez was the potential conflict between the City of Eagle Pass Water Works System with the City of Eagle Pass regarding the possible sale of water to the controversial Dos Republicas Coal Partnership Eagle Pass Mine as well as placing agenda items on the local water works district’s meetings by non-Board members. For instance, Councilwoman Hernandez cited the May 5, 2015 Eagle Pass Water Works System Board of Trustees meeting in which Dos Republicas was granted its request to address the Board for an update on the Eagle Pass Mine without properly following agenda items placement policies and procedures.
Hernandez noted that Eagle Pass Mayor Ramsey English Cantu, an ex-officio Board of Trustee of the Eagle Pass Water Works System, vehemently opposed allowing Dos Republicas to present a sleek, marketing update on the status of its contested open surface coal mine in the densely populated area of northern Maverick County near FM 1588 (Thompson Road) and the Deer Run subdivision without following proper procedures and possible incorrect description of the agenda item against the Texas Open Meetings Act. Nonetheless, the Eagle Pass Water Works Board approved to allow Dos Republicas to make their public presentation on the disputed coal mine despite Mayor Cantu’s plea not to allow them to make a presentation.
Hernandez noted that it is inconsistent for the City of Eagle Pass to request the City of Del Rio City Council to deny Dos Republicas the sale of its treated effluent water for use in the disputed open pit coal mine in Eagle Pass while a City of Eagle Pass entity such as the Eagle Pass Water Works System is entertaining the idea and proposal to sell City-owned water to Dos Republicas for use in its coal mine when the City of Eagle Pass is officially opposing the approval and opening of said coal mine.
“The City has as an entity by a majority of votes taken a position against the opening of the coal mine. That is where the city, the county, hospital district, school district and the environmental organization stand. We have the legal posture that we are against these mines and we have gone to different courts again and again and we have testified and given our reasoning behind our decision of being against this mine. We are still fighting against it,” said Hernandez.
Hernandez cited the example of during the month of January 2015 the City of Eagle Pass and Maverick County requested the City of Del Rio, Texas not sell up to a maximum of 17,000 acres feet of effluent-treated waste water to Dos Republicas for use in its coal mining operations. The City of Del Rio City Council tabled the agenda item until the Texas Commission of Environmental Quality (TCEQ) decides whether to grant or deny Dos Republicas an amended water discharge permit into Elm Creek and the Rio Grande River out of respect for and the petition of the City of Eagle Pass and Maverick County.
“We are against that type of industry and it establishing in our community. We asked the Del Rio City Council for them to not sell the water to Dos Republicas and they tabled the item. We asked for them to please respect our petition to them, governmental entity to governmental entity and they respected it,” said Hernandez.
Hernandez noted that the Eagle Pass Water Works System Board entertaining and consideration of possibly selling City-owned water to Dos Republicas for its coal mining operations is wrong while the City of Eagle Pass has standing resolutions against said coal mine and is involved in pending litigation and an appeal challenging the coal mine permit granted by the Railroad Commission of Texas and TCEQ. Furthermore, the Eagle Pass Water Works Waters System also has a resolution against the discharging of water into Elm Creek and the Rio Grande River by Dos Republicas. Hernandez stated that a City of Eagle Pass-owned entity such as the Eagle Pass Water Works System should not take legal action inconsistent with Eagle Pass taxpayers and its own resolution in opposition to said open pit coal mine.
“They should be an extension of the city and its policies and its stances. We then have employees of water works giving out opinions, opinions that we as a governmental entity have paid experts for them to give and present in courtrooms and they are giving out opinions and they are not experts in those areas, against the posture of the City of Eagle Pass. I think we all must work together and pull together if not we are not going to do and accomplish anything. We are going to spend our time fighting amongst each other,” said Hernandez.
Hernandez pointed out another issue that concerns her is the lack of an opinion by the EPWWS attorney on these type of inconsistent Board actions taken during the May 5, 2015 meeting and the possible conflict of interest when both the Eagle Pass Water Works and the City of Eagle Pass have the same legal counsel representing them, the law firm of Langley & Banack represented by their partner Heriberto Morales of Eagle Pass. Hernandez can not understand how legal counsel can give the City of Eagle Pass certain legal advice while on the other hand giving the Eagle Pass Water Works System a different opinion.
“I do not understand how the city has the same attorney who also works with Water Works. Where is that opinion to solidify our posture on such issue? I don’t feel that backup that the city needs on our legal stance. Why is this being seen? This should not be happening,” said Hernandez
“It is uncomfortable because the EPWWS Board of Trustees should receive legal advice based on the City of Eagle Pass current stance or any litigation currently being seen on this issue. There is no reason as to why they don’t have that if we have the same attorney. The question remains as to why do you open the door to something that we have said we are against? What is the problem?” added Hernandez.
Whether by coincidence or design, Eagle Pass Water Works System Legal Counsel was not present at the May 5, 2015 board meeting where Dos Republicas made their presentation.
“I ask the EPWWS Board of Trustees to take a serious look at what is being done. They would bring great shame to us after the fact that we went Del Rio to ask them to assist us and not sell their water to Dos Republicas and they listened to us. And now they are taking steps that go against the City of Eagle Pass posture,” added Hernandez.
“Imagine, with what face are we going to confront the City of Del Rio and telling them, you know what, we had asked you not to sell water to DRCP, but we did,” said Hernandez.
Hernandez further stated that her concern as a member of the Eagle Pass City Council is that as an entity there is currently no communication and collaboration between the City of Eagle Pass and its City-owned entities such as the Eagle Pass Water Works System which may lead to big legal, economic, and social problems to the community.
Hernandez further stated that there are some organizations and people that say that the opening of the Dos Republicas coal mine is a done deal and so why even challenge it.
“It’s an argument that is used to encourage people to fold up their hands and give up their fight. “ added Hernandez. Dos Republicas has paid professional public relations and marketing consultants such as Rudy Rodriguez to promote the coal mine while avoid speaking about the bad problems associated with a coal mine in a community.
Hernandez stated that the Dos Republicas coal mine issue remains to be settled and that there are many steps that must be undertaken by the owner or operator of the open surface coal mine before it opens. “And in every step and process we are going to be there in our stance against it,” said Hernandez.
Hernandez stated that every person who was elected for public office to serve the people of Eagle Pass and Maverick County owe a duty to protect the health and safety of all the citizens in the community and to investigate everything before taking any action on such controversial coal mine.
“We are not just going after a company to go after them. We are taking a stance against a company that is bringing with them a legitimate fear to the community of causing irreversible harm. We should take care of what was given to us to take care of by the people who have elected us. “ said Hernandez.
“One of my biggest concerns is at the Eagle Pass Water Works System-level as to why the door is being opened to this company that we are currently in litigation against, said Hernandez.
Hernandez recommended that all public entities in Eagle Pass and Maverick County have greater communication and collaboration on all issues affecting the community and protecting the best interests of citizens.
