East Texas

By BETTY WATERS
Staff Writer

Conservationists hailed a district court judge’s ruling that blocks the city of Dallas and the Texas Water Development Board from developing a reservoir in an area overlapping the Neches River National Wildlife Refuge as a victory for wildlife habitats. But there are indications the issue may not be settled and could go to the Fifth Circuit Court of Appeals.

“We are working closely with our partners — the Texas Water Development Board and the attorney general’s office — to assess what our options are and to determine what our next steps will be and that decision has not been made yet,” said Chris Bowers, first assistant city attorney for Dallas.

Carla Daws, communications director for the Texas Water Development Board, said officials with the board were having discussions Tuesday with the office of the attorney general about the judge’s ruling. She could not say whether an appeal might be in the making.

Nevertheless, attorneys for the city of Dallas and the Water Development Board did file a motion Tuesday asking the court for an injunction or a temporary restraining order to stop transfer of land into the refuge until they have an opportunity to file an appeal.

“We are trying to preserve our rights to appeal,” Bowers said. “The city is very disappointed in this ruling because we felt we had made a very compelling case that the U.S. Fish and Wildlife Service had violated the National Environmental Policy Act” in regard to creation of the Neches River National Wildlife Refuge.

Janice Bezanson, executive director of the Texas Conservation Alliance, a group that works to protect native wildlife habitat and address environmental problems, said she feels the city of Dallas and the board are “grasping at straws” in considering an appeal.

“The plaintiffs have no grounds to stop this (development of the refuge),” she maintained.

The Lake Fastrill Reservoir, proposed about halfway between Palestine and Rusk on the Neches River in Anderson and Cherokee counties in the area designated for the wildlife refuge, has been on various water plans, both state and regional, since 1961 as a future water source for Dallas residents and other customers.

Similar in size to Lake Palestine, the reservoir could furnish 100 million gallons of water a day. Approximately 80 percent of the water would belong to the city of Dallas and the other 20 percent would belong to the Upper Neches River Municipal Water Authority to sell to nearby communities.

It was not until the summer 2006 that the U.S. Fish and Wildlife Service approved creation of the Neches River National Wildlife Refuge, designating a 25,281-acre site in Anderson and Cherokee counties.

With the Texas attorney general’s office as a co-plaintiff, the city of Dallas and the Texas Water Development Board filed consolidated lawsuits in January 2007 seeking to reverse the decision to establish the refuge.

The suits allege procedural flaws and statutory violations by the Fish and Wildlife Service, such as failure to prepare an environmental impact statement or an adequate environmental assessment required by the National Environmental Policy Act.

Judge Jorge A. Solis denied the city and board’s motions Monday in the Dallas division, U.S. District Court for the Northern District of Texas.

“I’m absolutely delighted with the ruling,” said Ms. Bezanson. “The Neches River Refuge is one of the most important wildlife areas left in Texas. Tens of thousands of Texans wrote letters or signed petitions in support of its creation.”

She described the judge’s ruling as a strongly worded statement that the U.S. Fish and Wildlife Service met all requirements of the National Environmental Policy Act.

“The fish and wildlife service is pleased that the judge found that our process in establishing the refuge was done appropriately in a fair and open manner and was consistent with necessary laws,” said Jose Viramontes, a spokesman for the agency. “It was our intention with the service to establish a refuge for protection of valuable wildlife habitat. We feel that the Neches land where we established this refuge will do exactly that. These lands provide important habitat for thousands of migratory birds and resident wildlife, as well as provide a sanctuary for Texans and the rest of the American public to visit.”

Palestine Mayor Dr. Carolyn Salter also hailed the ruling.

“I was happy to hear that the wildlife, the farming and ranching land of the Neches River bottoms are going to be protected for generations,” she said. “I think the water resources of East Texas are precious and they need to be retained for use in the economic development in East Texas rather than go to Dallas. It’s important to protect our ecosystem by protecting our water sheds and I’m very happy about the ruling in that regard.”

If the city of Dallas is not able to invalidate the refuge, Bowers said, the lake will never be built and the city will have to look at other sources of additional water supplies in the future. The city of Dallas provides water to 22 other cities in the Dallas area as well as Dallas residents and has a growing population.

Only one acre of land has been acquired for the refuge, although it could cover approximately 25,000 acres in the future under the Fish and Wildlife Service’s order creating the refuge.

A standstill agreement between the plaintiffs and the defendants in the lawsuit has halted transfer of more land to the refuge during litigation of the suit and pending the district court ruling. The voluntary agreement would have ended Monday, but now the city of Dallas and the Water Development Board are seeking a court order to maintain the standstill, apparently while they appeal.

The Conservation Fund, a national land trust conservation group, has purchased land that could be transferred to the refuge and land donations are in the offing. Several thousand acres are expected to be added to the refuge.