San Marcos Record, San Marcos, TX

Local News

September 25, 2009

Saturday water law protest set along San Marcos River

Martindale — A group of local residents who’d like to throw a bucket of cold water on the way state law deals with the precious resource will gather in protest this weekend adjacent to what they say is an affront to the future of water availability in Central Texas.

The protesters will meet Saturday at noon across Scull Road from the San Marcos River Ranch, a gated high-end development with three ski lakes filled almost entirely by water pumped from the San Marcos River, they say.

The gathering isn’t “going after” developer Gordon Hall, whose actions have been within his legal rights, but rather public opinion, said organizer Mike McClabb, whose Martindale home is across the river from the ranch.

Construction began last year on the 200-acre development that could contain more than 100 home sites, almost two dozen acres of parkland and three ski lakes.

So far, only one home has been built on the site but it has been the scene of water skiing activities.

The property includes the old Emmett Harper Ranch, which came with an agricultural water right for 150 acre feet a year that Hall was able to translate into a recreational use permit. An acre foot is the amount of water it would take to flood one acre with water one foot deep, generally considered adequate to supply four households for one year.

That Texas law allows such conversions, particularly in times of drought, has raised the hackles of McClabb and other river advocates since construction on the site began. And, he said, the more he learns, the less sense any of it makes.

Under current law, holders of water rights like Hall’s may pump (within their allotted quantities) during June, July and August only when the U.S. Geological Service gauge on the San Marcos River registers a flow of 130 cubic feet per second (cfs) or more.

The rest of the year, however, the restriction doesn’t apply.

That Luling gauge is now reading in excess of 100 cfs but no where near 130. The lowest flow it recorded during this past summer was 49 cfs on Aug. 22.

“He’s pumping as we speak,” McClabb said this week of Hall. “The government is not protecting our water supply and rivers,” by allowing permit conversion for developments and “vanity lakes.”

“If we don’t put a lid on this now it will go all the way to the coast.”

“There are no limits set by the state on how low the river can be and still be pumped for these recreational private lakes during the fall and winter months,” said Dianne Wassenich, executive director of the San Marcos River Foundation (SMRF). “The upper San Marcos suffers from many such lakes, which are filled with river water.”

McClabb said he plans on making up some signs but stressed the protesters won’t block traffic or the entrance to the river ranch. “We’re just trying to tell the public what is happening to our water resources.”

Wassenich said she hopes the issue will be discussed at an upcoming bay/basin stakeholder meeting.

“The flows of the river are supposed to be determined for a report to the Legislature and Texas Commission on Environmental Quality which regulates pumping from the river,” she said.

For more on the river ranch, visit www.sanmarcosriverranch.com. Visit the SMRF at www.sanmarcosriver.org.

Scull Road is located south of San Marcos accessible from Old Martindale Road off Hwy. 80 and Staples Road (CR 621).





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