PSB Endorses Use of Conservation Easement

MORE BREAKING NEWS: By a unanimous vote today, the PSB passed a motion made by Mayor John Cook to deed the open space land in the NW Master Plan to the State for inclusion into the Franklin Mountain State Park. There would be deed restrictions which would require the land to revert back to the City if it is not used for passive recreation, etc. Upon reversion, the motion states, a Conservation Easement will be put on the land. As one conservationist has already put it: “Thank you, PSB!” The motion is much better than one sought by the Risher-Adauto presentation which called for no conservation easement at all and rather pushed the concept of a “Utility Green Space”. 

Conservation Strategy - PSB 061312 Ppt


PSB’s recommendation still begs the question why there shouldn’t be a conservation easement put on the land from the very beginning. Now that all of the red herrings have been disposed of and it has been shown that Frontera does have money, a back-up is there as evidenced by a recent letter of support from the Texas Land Conservancy to Frontera, managing the easement is not an expensive proposition and Frontera would be glad to do the job if asked – there is no reason why a CE couldn’t be put on the land in the first place as PSB member, David Nemir, expressed in one of his questions. In fact, Frontera President, Mike Gaglio, praised the idea of deeding the land to the State while at the same time adding the CE. Hired PSB attorney Gilbert argued that a CE shouldn’t be accepted because it would be another layer of protection and bureaucracy. There really isn’t any bureaucracy involved but she is exactly right about the extra layer of protection – exactly the reason for a conservation easement.

A Conservation Easement is the only means by which the land is preserved in its natural open state. The State of Texas can always sell land. With the current expansion of Transmountain by TxDOT and the planned expansion of Paseo del Norte, pressure will begin for commercial development. Look at any frontage road or any major thoroughfare especially in East El Paso.  Look at the shenanigans with Blackie Chesher Park property at the burgeoning corner of I-10 and Zaragoza. No wonder some want to conveniently lose, alter, challenge or whatever deeds that required the land to be used for a park. Had there only been a CE on Blackie Chesher, City Council Representative Eddie Holguin would not have to deal with evasion after evasion.

Additionally, some State of Texas parks have come with conservation easements. There is nothing new or illegal with placing that kind of easement on the land prior to transferring to the State.

The matter now goes to the City Council and is currently scheduled for their July 17^th meeting.


Another critical issue that still needs to be fleshed out is the preservation of the arroyos in their natural state. The arroyos should not be treated simply as stormwater flow paths but as the sensitive riparian corridors that they are. Unless green infrastructure/ low impact development tools are employed in the proposed Dover Kohl development, then the arroyos will have to be modified. The Risher-Adauto presentation doesn’t quite get it and it speaks of trying to save the arroyos as much as possible with hybrid channels and environmentally sensitive infrastructure. It seems that they are still coming from the perspective of maximizing development and doing the best one can with the arroyos. The real approach should be to maximize the preservation of the arroyos which the presentation seems to suggest as well by using LID goals (page 8 of the presentation). If you follow those goals and modify (if necessary) the development plan, then there will be no reason not to keep the arroyos completely natural – no modification. Nothing has happened yet - no bulldozer has scraped natural earth. Now is the time to assure complete protection. Here’s an idea: take a GIS map of the area, draw where the arroyos are and overlay where development structures (e.g., homes) will be. 

Elpasonaturally wants to see that map with the overlays.

Obviously there is much more to be said about all of the above including that today’s vote may be the dawn of a new era. The PSB/EPWU should be a natural ally with the conservation/environmental community. Because of so much animosity and distrust over power issues involving land, this is currently not the case. This vote begins to take us there – a new partnership among conservationists, City Planners and the PSB to conserve our beautiful part of the Chihuahuan Desert. Let us hope.

Finally, with the update of the Parks and Recreation Master Plan in progress much has been said recently about seeing Parks and Recreation in a different way than the current business model of turf, organized recreation and bingo. Parks can be a powerful tool for creating a more walkable community that connects people with Nature and each other. Please read Masters of the Master Plan from this month’s Parks & Recreation magazine. Oh – and I can’t help throwing in one more/last thing: please visit the City of Tucson’s rainwater harvesting page. If only . . .