Solar Power the Sun City

Whether it is the Texas Utility Commission or El Paso Electric, the Sun City gets a tiny fraction of its electrical energy from solar power.  The El Paso Times did a front page story yesterday that has caused some buzz: El Paso solar grid is one of Texas' weakest.  The story is based on an Environment Texas report, Reaching for the Sun.  You can download and read the full report here.

Austin and San Antonio combined use nearly 90% of utility-supported solar power in the state.  El Paso, the Sun City? 1.42%!  One point four two percent!  

The Times story yesterday was followed up today by David Burge of the Times about the first round of homes at Ft. Bliss with solar panels: Solar panels rise on Ft. Bliss homes: Step to energy self-sufficiency.

The above info should be set in the context of some really powerful trends: the decentralization of energy and going off the grid.  Read this post by David Roberts: The next big thing in energy: Decentralization.  Also read his Energy democracy: Three ways to bring solar to the masses.

This is a good time to get to know the El Paso Solar Energy Association or like them on Facebook. 

I'm not finger pointing at anyone.  However, I do want to see El Paso leap ahead with solar energy and energy self-sufficiency.  As windy as it gets around here this time of year, we still aren't really a windy city; but we are the Sun City.  Time to shine.

Surprising Ways That We Use Water

Melanie Palmero of Loch Ness Water Gardens recently sent me an infographic that she helped to create.  It was originally posted on the Pond Blog here.

Click on image to enlarge.

After reading my post about low lake levels at Elephant Butte, Melanie wrote: "The idea is to bring a little extra awareness to what our every day impact is.  Some of the information was pretty surprising!  I had no idea just how much water is needed to produce some of the foods I eat.  Anyway, after reading what you wrote, I thought you might like to use the infographic on elpasonaturally."

Dry Wetland

Sad to report that effluent from the Water Improvement District to the Rio Bosque has stopped.  

Not only that but in spite of the water district’s finally allowing the transfer of water rights to the Bosque by private landowners, there are apparently still some hold-ups.  Charlie Wakeem chronicles his attempts to transfer his water rights and I make some comments in a blog post: When a Water Right Isn’t a Water Right. El Paso Water Improvement District General Manager Chuy Reyes visited Senator Rodriguez’s Environmental Committee and answered their questions last week.  I was in attendance.  Here’s the bottom line: The Board of the Water District should give Mr. Reyes a raise. He is discharging his fiduciary responsibility by serving his customers – those small tract owners and large farmers who pay to have their land irrigated.  Given the drought, every drop is dedicated and directed toward paying customers. Thus, the Bosque is not going to get any more water even after a turnout is constructed by the water district from the canal into the Bosque.  The Rio Bosque Wetlands Park may get water in wet years to come – but not now.  Moreover, people with water rights will discover that they won’t be successful giving their water to the Bosque.  If they aren’t going to use it, then the paying customers are first in line.  This means that the only way that the Bosque can be guaranteed a regular supply of water is for the EPWU (which now holds the Bosque in its inventory of land) to deliver the water directly from the Bustamante plant by constructing a nearly half-million dollar pipeline – chump change really.  EPWU dumps water from the plant into the District’s waterway because it is obligated to give so much water back to the District and because it cannot now deal with some of its excess. That excess (if it is treated) can go to the Bosque. The water district will lose it – but then they could have given some of that free water to the Bosque just as effluent.

There is now even some question whether the Bosque has already received the acre feet of water from EPWU that was agreed upon.  Because of this uncertainty, new PSB Chairman Richard Schoephoerster does not want to put construction of the new pipeline on the agenda.  In my opinion, the PSB may be losing sight of the reason for the water and why it assumed the park into its inventory from the City: saving the Rio Bosque and turning it into the $18 Million eco-tourist attraction that it can become not to mention its value as a research center.  What needs to happen is a selection of a Bosque Planning Committee that can define a vision for the area and set a business plan.  Environmentalist, Judy Ackerman, says:

"It is well documented that the excess of 7,000 acre feet per season of effluent from the Bustamante belongs to EPWU.  PSB currently has two choices.  You can give that water away for FREE to Hudspeth County OR you can use it to recharge our own aquifer for a long term sustainable solution for the water needs or your customers.  Keeping your water on your land has multiple additional benefits such as scientific research opportunities, a world class wetlands park on an international boarder in an economically struggling area, and many more benefits." 

Someone needs to begin asking why EPWU and Water District policies seem to favor Hudspeth farmers with their full reservoirs. 

One more thought. Farmers around here raise some pretty water intensive crops: cotton and pecans come to mind.  Both crops are far more profitable than other crops that require less water.  So for the gain of immediate profit and personal enrichment, some farmers in our area will impoverish future generations of water.  Here’s the thought: perhaps water districts by law should have to go to a tiered system of billing just as the EPWU does with you and me.  If I use a little bit of water, I buy it at a pretty good rate.  If I leap into the next tier of water use, then my rate more than doubles.  Water conservation would be encouraged. Remember the Iroquois maxim:  “In our every deliberation, we must consider the impact of our decisions on the next seven generations.”  This beats the heck out of that slogan that says that “he who dies with the most toys wins.”

I have said just about all that I can say about the ASARCO stacks.  You can read my final (probably, maybe penultimate) blog post for now. I have spoken with environmental engineers who tell me that the $50 Million for clean-up was a fraction of what was really needed.  One of them told me that there is no way that even a sprinkler can keep dust from spreading when the concrete stacks are brought down and hit the ground at a high impact speed.  What plans are there for mitigating UTEP, Kern Place, Anapra, Juarez, etc. after the impact lifts dust into the air?  Bottom line from engineers: heavy metals have leeched into the ground and will make their way to the river. The material used to encapsulate contaminated materials in the Parker Brothers Arroyo will give way eventually - perhaps as early as 20 years.  Expert environmental engineers advise that we must be vigilant about monitoring for generations to come. Some places on the Asarco site (not all and not the majority of the area) must never be built upon.

Please sign the Complete Streets Petition.  A complete street “will accommodate all road users, regardless of age, ability, or mode of transportation.  Complete streets might include sidewalks, bike lanes, cycle tracks, wide paved shoulders, special bus lanes, comfortable and accessible transit stops, frequent crossing opportunities, median islands, accessible pedestrian signals, or curb extensions.” Get information and sign the petition.  Scroll down the page; there are links to much more information.  Bike Texas has complete streets as part of their legislative agenda which also includes safe passing and a ban on texting while driving.

And while we are on the subject of Bike Texas, be sure to read an article by our own Beth Nobles, Executive Director of Texas Mountain Trail. She writes about a way to earn dollars for a favorite charity through a new iPhone or Android app called Charity Miles. The program is for walkers, runners and bikers. Beth is also the oomph behind Peak Fitness Challenge along with Don Baumgardt of GeoBetty.  Keeping El Paso naturally means keeping our Trans-Pecos/Southwestern New Mexico region naturally and fit as well. (And charitable.)

For great hikes and events just check out El Paso Hiking Group, GeoBetty, Guadalupe Mountains National Park Meetup Group,  Las Cruces & El Paso Adventurists, Peak Fitness Challenge,  High Desert Hikers and Las Cruces Hiking Meetup. 

If you want a recreational and educational excursion in the El Paso/Las Cruces area, sign up for one of the Back by Noon events sponsored by the Southwest Environmental Center.  See a Back by Noon poster.

Congratulations to El Paso Zoo Education Curator, Rick LoBello, this year's recipient of the annual El Paso Trans Pecos Audubon Society Conservation Award.

By the way, join the Auduboners on a field trip this Saturday, Feb. 23, to the Holloman Lakes and Dog Canyon.  You'll drive north on US 54 about 1-1/2 hours to Alamogordo, then US 70 to the Holloman Lakes.  This area in an Important bird area.  Then picnic and bird at Oliver Lee State Park.  There is a fee of $5 per vehicle.  After lunch the group plans to take a short hike up Dog Canyon.  Meet at Lowe's Parking Lot, 4531 Transmountain Road behind Taco Bell at 7:00 a.m.  Bring lunch, binoculars, water and a scope if you have one.  Beginners and nonmembers are welcome.  Contact Mark Perkins at 637-3521 for more information.

Check out the Permaculture Workshop this Saturday at the Memorial Park Garden Center.

Not just a coffee table book – Cacti of Texas by El Pasoans, Gertrude and Ad Konings, should be in the library of every Chihuahuan Desert recreationalist.

Finally and sadly we note the passing of Kathy Goodell, the wife of Dr. Phil Goodell.  Read her obituary.  You will recall that the Goodells recently gave $1 Million to UTEP’s College of Science for a center of entrepreneurial geosciences.

 

Rick LoBello Receives Audubon Conservation Award

El Paso Zoo Animal Curator, John Kiseda, presents Conservation Award to Rick LoBello

Last Saturday, Rick LoBello received the El Paso/Trans-Pecos Audubon Society Conservation Award.  The citation reads:

Be it known that
Rick LoBello
has richly earned this certificate of conservation achievement in recognition of his tireless, dedicated work to conserve wildlife locally, nationally and internationally; to foster greater public awareness and appreciation of the Paso del Norte environment; and to promote protection of lands that possess, in their natural state, high human and ecological value.

Rick is the Education Curator at the El Paso Zoo.  He is also a prolific promoter of environmental and conservation efforts in and around El Paso and the Trans-Pecos region as well as the world.  Rick has been a park ranger and a research scientist and administrator.  He has worked in the Big Bend National Park and North Luangwa National Park in Zambia.  

Visit I Love Parks.com and join Rick's Conservation Action Network (CAN). Also visit and like Share El Paso with Native Plants and Animals and Rick LoBello on Facebook.

Judge Green Lights Ball Park

Statement from City Attorney, Sylvia Firth

"The City’s legal team is still evaluating the full effect of Judge Sulak’s ruling. However, it is safe to say the judge has cleared the way for the City to issue bonds and execute the venue project as approved by the voters. All requests for injunctive relief to stop the project were denied. Additionally, Judge Sulak did impose a requirement for a $1M bond, in the event the interveners appealed his ruling.

"From the bench, the judge stated his reluctance to direct City Council’s actions and did not want to interfere with  the legislative branch of government on how to act with regard to the petitions and the ballot. The final action with regard to the petition will be considered by City Council on Tuesday, February 26, 2013."

Permaculture Workshop on Saturday

Click on image to enlarge.

Also visit El Paso Permaculture on Facebook.

Rio Bosque Dry Again

Please sign the Complete Streets Petition.  A complete street “will accommodate all road users, regardless of age, ability, or mode of transportation.  Complete streets might include sidewalks, bike lanes, cycle tracks, wide paved shoulders, special bus lanes, comfortable and accessible transit stops, frequent crossing opportunities, median islands, accessible pedestrian signals, or curb extensions.” Get information and sign the petition.  Scroll down the page; there are links to much more information.  Bike Texas has complete streets as part of their legislative agenda which also includes safe passing and a ban on texting while driving.

And while we are on the subject of Bike Texas, be sure to read an article by our own Beth Nobles, Executive Director of Texas Mountain Trail. She writes about a way to earn dollars for a favorite charity through a new iPhone or Android app called Charity Miles.” The program is for walkers, runners and bikers. Beth is also the oomph behind Peak Fitness Challenge along with Don Baumgardt of GeoBetty.  Keeping El Paso naturally means keeping our Trans-Pecos/Southwestern New Mexico region naturally and fit as well. (And charitable.)

For great hikes and events just check out El Paso Hiking Group, GeoBetty, Guadalupe Mountains National Park Meetup Group,  Las Cruces & El Paso Adventurists, Peak Fitness Challenge,  High Desert Hikers and Las Cruces Hiking Meetup.

Sad to report that effluent to the Rio Bosque has stopped.  On top of that, in spite of the water district’s finally allowing the transfer of water rights to the Bosque by private landowners, there are apparently still some hold-ups.  Charlie Wakeem chronicles his attempts to transfer his water rights and I make some comments in a blog post today: When a Water Right Isn’t a Water Right. El Paso Water Improvement District General Manager Chuy Reyes visited Senator Rodriguez’s Environmental Committee and answered their questions yesterday.  I was in attendance.  Here’s the bottom line: The Board of the Water District should give Mr. Reyes a raise. He is discharging his fiduciary responsibility by serving his customers – those small tract owners and large farmers who pay to have their land irrigated.  Given the drought, every drop is dedicated and directed toward paying customers. Thus, the Bosque is not going to get any more water even after a turnout is constructed from the canal into the Bosque.  They may get water in wet years to come – but not now.  Moreover, people with water rights will discover that they won’t be successful giving their water to the Bosque.  If they aren’t going to use it, then the paying customers are first in line.  This means that the only way that the Bosque can be guaranteed a regular supply of water is for the EPWU (which now holds the Bosque in its inventory of land) to deliver the water directly from the Bustamante plant by constructing a nearly half-million dollar pipeline – chump change really.  EPWU dumps water from the plant into the District’s waterway because it is obligated to give so much water back to the District and because it cannot now deal with some of its excess. That excess (if it becomes purple pipe water) can go to the Bosque. The water district will lose it – but then they could have given some of that free water to the Bosque without converting it to purple pipe water.

One more thought. Farmers around here raise some pretty water intensive crops: cotton and pecans come to mind.  Both crops are quite profitable than other crops that require less water.  So for the gain of immediate profit and personal enrichment, some farmers in our area will impoverish future generations of water.  Here’s the thought: perhaps water districts by law should have to go to a tiered system of billing just as the EPWU does with you and me.  If I use a little bit of water, I buy it at a pretty good rate.  If I leap into the next tier of water use, then my rate more than doubles.  Water conservation would be encouraged. Remember the Iroquois maxim:  “In our every deliberation, we must consider the impact of our decisions on the next seven generations.”  This beats the heck out of that slogan that says that “he who dies with the most toys wins.”

I have said just about all that I can say about the ASARCO stacks.  You can read my final (probably, maybe penultimate) blog post for now.

If you want a recreational and educational excursion in the El Paso/Las Cruces area, sign up for one of the Back by Noon events sponsored by the Southwest Environmental Center.  See a Back by Noon poster.

Not just a coffee table book – Cacti of Texas by El Pasoans, Gertrude and Ad Konings, should be in the library of every Chihuahuan Desert recreationalist.

El Paso history comes alive with Melissa Sargent and Jackson Polk every Saturday morning from 10 to Noon on the El Paso History Radio Show on KTSM AM 690 Talk Radio.  Tomorrow morning Melissa and Jackson welcome some Harvey Girls and hear about their role in railroad history. They will also speak with President Dehrkoop and a master mistress re-enactor, Patricia Kiddney, who will portray several of the old West famous women. On February 16 El Paso City Manger Joyce Wilson is on hour one of the show to talk about preservation of downtown buildings.

Do also visit and like on Facebook Old West El Paso Town. Henry Flores writes:  The site “has been created to show and spread the word of the long overdue proposal for the creation of a western town attraction in the heart of our historic city of El Paso, Texas. “Old West El Paso Town” will be built in replica of 1800's downtown South El Paso Street with several historic structures . . . that sadly no longer exist . . . [It] will house small shops, eats and non-stop entertainment.”

Finally and sadly we note the passing of Kathy Goodell, the wife of Dr. Phil Goodell.  Read her obituary.  You will recall that the Goodells recently gave $1 million to UTEP’s College of Science for a center of entrepreneurial geosciences.

When a Water Right Isn't a Water Right

One idea for getting water to the Rio Bosque is simply asking for people with water rights to transfer their "share" to the Bosque.  For example, Charlie Wakeem has tried for years to give the water that is his because of property he owns in the Mission Valley.  For years he has been denied or given the old runaround.  I asked Charlie to chronicle his experience. Here is what he wrote:

"Hi Jim,

It's hard to give you an accurate chronology of what happened over the years.  So, I'll start from the very beginning.

I had a 22 acre water allotment on my land, which was being farmed.  I owned it since the mid-70s.  The property is on Alameda along the EP-Socorro city limits.  In the mid-90s I stopped leasing the property to a farmer in order to develop the 20 acres that were in El Paso.  I had another 3 acres in Socorro.    I developed the El Paso portion into a mobile home park and left the 3 acres in Socorro undeveloped, most of which was used as a ponding area for the mobile home park.  I leased the 20 acre water allotment in El Paso to EPWU in 2002 on a long term lease.  At that time, EPWU could not lease irrigation water rights outside of the city limits.  Thus, I kept the remaining 2 acre water allotment on the other 3 acres in Socorro.  I offered to lease the the 2 acre allotment to the Lower Valley Water District at that time.  They told me they would happily take the water, but wouldn't pay for it.  So, I basically told them, "Toma!"  Since then, I learned that EPWU is now leasing irrigation water rights outside the city limits.  Nevertheless, I kept the 2 acre allotment. The annual assessment is only $54.00.  I am currently developing the 3 acres in Socorro into a strip center.  I sold the mobile home park about a year ago.

Here's where the time line gets a little fuzzy.  At least 6 years ago, and probably longer, Maria Trunk, who was a member of Friends of the Rio Bosque and President of the Frontera Land Alliance, told me she was trying to get water for the Bosque.  I told her about my 2 acre allotment at that time and offered it as a donation to the Rio Bosque.  She was thrilled and told me I would be the guinea pig for other water rights owners to follow.  I subsequently went to the Water District and told them what I wanted to do.  To make a long story short, I had been stalled, put off, delayed, made excuses to, etc., etc., etc, by the District ever since.  In fact Chuy Reyes told me in front of a PSB meeting a couple years ago that he would have something worked out for me "soon".  [N.B.: I was there and remember this happening.]  I met with him again in December, 2011 to ask about my donation to the Bosque.  He told me the turnout was the only thing holding up the transfer and would be installed by March 31, 2012 along with a lease document he was working on with John Sproul and would be prepared by that time.  He said it would probably be a 10 year lease agreement between Rio Bosque and me.  Nothing happened since until the past few weeks, as you know.  John told me just the other day that the turnout was delivered, but still hasn't been installed.

In case you're not aware of it already, here's what's happened during the past few weeks.  Richard Teschner called me and told me he was working with Sen. Rodriguez as chairman of the Senator's Environmental Committee.  His committee has been working to get private water rights, like mine, to the Bosque.  As I told you in the previous paragraph, I'm the guinea pig.  Richard said that they're proposing the "Charlie Law" to the Legislature in order to guarantee the transfer.  Richard asked me to call Lisa Aguilar at the Water District.  I did the following Monday, January 14.  Lisa transferred me to a Cathy [Kathy?] Oysten.  Ms. Oysten stalled me yet again.  I called her about a week later to get a decision.  She said there was no way I could transfer my water rights to the Rio Bosque.  The excuse being the Bosque had to be farming with a water allotment of their own in order to make a transfer.  I reported this to Richard and John.  Subsequently, Richard told me Cecilia Rodriguez at Sen. Rodriguez' office called Chuy Reyes.  Hence, John and I met with him, Ms. Oysten and Rose Rodriguez Monday morning in the main office of the Water District in Clint.  They presented us with the transfer agreement that they will use and mail it to each of us when it's filled out.  Now, I'll hurry up and wait once again.                              
                                                                 
I hope this helps.  You're welcome to publish this email in your blog (edited if you'd like).                                                                                                                                                                      
           
Charlie"

Yesterday Mr. Reyes met with Senator Rodriguez's Environmental Committee.  He was asked why the transfer of water rights was only temporary.  (The contract must be renewed yearly.) His reply as that the District does not know how much water will be allocated except on a yearly basis.  The question then became why the contract shouldn't be a percentage whatever the allocation is.  (It's a percentage now based on land owned.) Mr. Reyes said that he had to fill out a report showing the actual amount of water. I have no reason to doubt this but his bottom line is really very simple: his duty is to District and to make available every drop of water he can to his paying customers. Although one can fault the District for not honoring the water rights of some by making transfers difficult to say the least, one can see their intentions especially as the drought worsens.

Charlie (and others) should be able to transfer their rights . . .  by right. I understand the fiduciary responsibility that Chuy Reyes and the District has and perhaps by law Mr. Reyes has the authority to approve or not a transfer - an approval that he may be reluctant to give in times of drought.  The form below indicates that he does have such authority. If so, then there is no need for runaround or leaving anyone hanging.

Click on image to enlarge.

El Paso History Summit March 16th

NEWS RELEASE              

February 13, 2013                              

FROM: El Paso History Radio Show

PO Box 221466   El Paso TX 79913

Contact:    Jackson Polk    915-833-8700

                Bernie Sargent  915-581-7920

                Sara Belger       915-244-6487

     First-ever El Paso History Summit to be held March 16

Launch of ‘I Am El Paso’ campaign 

Contribute family photos for new Digital Wall

The El Paso History Summit is free and open to the public. It features screenings of local documentaries, a Town Hall meeting about local history, and an opportunity for El Pasoans to share their history with the community.

The Summit will also mark the launch of the “I Am El Paso” campaign. The public is invited to record their "I Am El Paso" testimony in a 1-2 minute video clip, and to bring up to 10 old photos to be scanned and included on the Digital Wall that will be installed at the El Paso Museum of History.

Photos will be scanned on site and returned to the owners, who will also receive a disc with digital copies of their personal photos. Photos should be at least 25 years old and have all persons identified, if possible, as well as the date and place. The scanning and the CD are free and are offered on a first come, first served basis.

At 1 p.m., the History Summit will present the world premiere of segments from Capstone Productions’ latest documentary, "The Last Tour of the El Paso Smelter." After three years of filming the demolition of the former Asarco site, the first installment of the El Paso Smelter documentary series covers the history and construction of one of the world’s tallest smokestacks. The film includes a tour inside of the stack, a review of the construction of the stack, and footage from several climbs up the stack.

At 2:30 p.m., there will be a Town Hall meeting on El Paso history with special invited guests state Sen. Jose Rodriguez and El Paso County Historical Commission chairman, Bernie Sargent. The Town Hall will be moderated by hosts of "The El Paso History Radio Show," Jackson Polk and Melissa Sargent. The Town Hall will be video recorded for a TV special on YouTube. Attendees can ask questions about El Paso's history, share their thoughts about what should be done at local and state levels regarding our local history, and contribute topics for discussion.

Other events include a viewing of clips from Capstone Production’s "El Paso’s Mission Trail" documentary, and giveaways of videos and other door prizes throughout the day.

Local history organizations are invited to provide information about their activities, events, volunteer opportunities and general information.

All events are free to the public, but donations will be accepted to benefit the El Paso Mission Trail Association. 

Snacks, hot dogs and hamburger will be available for purchase.  The Scenic View Ballroom is a standalone building located behind First Presbyterian Church at 1340 Murchison near Brown Street in Central El Paso.

This free summit is hosted by "The El Paso History Radio Show," El Paso County Historical Commission, El Paso Mission Trail Association and El Camino Real de Tierra Adentro Trail Association, CARTA.

For more information, visit www.elpasohistorysummit.org or contact Jackson Polk at (915) 833-8700,   jpolk@elp.rr.com Sara Belger at (915) 244-6487, sbelger13@gmail.com or Bernie Sargent at (915) 581-7920,  countyhistory@sbcglobal.net

EL PASO HISTORY SUMMIT Schedule

Saturday, March 16, 2013

Scenic View Ballroom, First Presbyterian Church, 1340 Murchison near Brown Street

Noon - 6 p.m. - Record a 1-2 minute video clip about your history for the "I Am El Paso"campaign to go on the new Digital Wal at the El Paso Museum of History.

- Bring 10 old  photos to be scanned and included on the Digital Wall. 

    

1 p.m. - World premiere of segments from "The Last Tour of the El Paso Smelter" by Capstone Productions Inc.

2:30 pm - Town Hall meeting on El Paso history with invited guests El Paso state Sen. Jose Rodriguez and El Paso County Historical Commission chairman Bernie Sargent, moderated by Jackson Polk and Melissa Sargent of "The El Paso History Radio Show"

4 - 6 p.m. - View video clips about El Paso history on the big screen. Free scanning of pictures continues, plus recording “I Am El Paso” clips

Don't Blow Your Stack, Part 3

Roberto Puga, ASARCO Trustee, will hold a public meeting on February 26, 2013 from 6 to 7 p.m. in the Main Auditorium of the El Paso Downtown Library, 501 N. Oregon Street. (Map and directions) Visit the Trustee's web site for more information.

On Monday, City Council voted 5 to 3 to suspend attorney-client privilege and release the findings of a ruling about the Trustee's authority to donate the stack to the City of El Paso or a non-profit. 

The principle quesiton was: "Does the Trustee have the authority to convey at no cost, i.e., donate, the stack to another owner, e.g., the City or a non-profit organization formed for the purpose of preserving the stack?"

The answer: Yes, but.  "The Trust does not appear to prohibit donation of the stack, if the donation will advance the objectives of the Trust. However, the proposed donation would be evaluated in light of other competing interests of the Trust, and requires approval of TCEQ and EPA."

Translation: TCEQ will never approve doing anything with the stack but demolishing it. Therefore, in early April, Puga will carry out the destruction of the stack barring any unforeseen events.

Ruling on ASARCO Trustee's Ability to Donate Land to City under the Trust by jimhtolbert434

Save the Stacks issued this memo of Puga misinformation:

"From the outset Mr. Puga was willing to consider leaving the stacks standing--we now know that his intention all along was to demolish, and he never gave us a second thought.

If we proved they were stable and we could provide an owner with means to guarantee any liability, then he would preserve them--we proved they were stable, and the city offered to accept ownership, yet he backed out of his promise.

He claimed from the outset that he had $52M to clean up the El Paso site--that figure included clean-up of the Amarillo site, leaving the funds available for El Paso much less.

Cost to preserve and maintain the stacks over 50 years will exceed $14 million--most of this is a guess at the insurance costs for "liability"; the rest are guesses at the repair, preservation and maintenance.  Our engineering report shows the actual costs are estimated at $3.9 million, including $950,000 in hazards remediation that Puga must spend regardless.

His contention that the stacks are unstable is based on absolutely no engineering analysis; the actual engineering analysis based on physical inspection show the main stack structurally sound and meets all required standards.  It has stood the test of time of almost 50 years with no structural flaws.  Minor repairs to the scaffolding, upper rim and painting are the only issues found by the engineers.

"Demolition and burial of the stacks is the best environmental solution given their hazardous condition."  Actually, demolition and burial will likely create more problems environmentally than simply leaving them where they are.   The burial pit itself is part of the Parker Brothers arroyo, a major geological part of the site where Mother Nature has determined that the Franklin Mountain water runoff has and will flow for centuries.  The proposed "encapsulation" with a membrane lining and "monolayer" cap will likely erode with time (anywhere from 10  to 50 years) depending on the actual physical conditions of the materials, amount of overburden, the amount of ground water flow, etc.  No independent third party has analyzed the technical risk/viability of the proposed encapsulation.  Any leakage will have a direct passage to the Rio Grande.  It's not a matter of if, just when.  Environmentally, it would be better to keep the stacks above ground where the inner linings could be easily sealed and monitored, indefinitely.

He claims the cost of demolition is a million bucks--our engineering team thinks it is much higher than that.

"He has no authority to preserve or spend money to maintain the stacks." Legal analysis of the trust agreement under which he acts gives him broad authority to do pretty much anything he wants to with the stacks and/or the property, including spending some of the money he has for their preservation and maintenance.  He has already said he would spend funds for "cultural' and "historical" preservation of the plant offices and the power house.

"He has no authority to simply deed the stacks or related property to El Paso or any other entity."  Legal analysis again says he has wide latitude in how he disposes of the property, including giving it away to the city or other entity.

"He must realize the greatest profit from sale of the property, thereby limiting how he disposes of the property."  The answer is the same as above on legal authority; he can 'sell, transfer, or otherwise dispose of all or part of such properties, if possible' and and may 'consider criteria other than sales price' in disposal of the property.  Profit does not enter into the equation.

"The city must pay him $10 million for the property associated with the stacks, as a 'fair assessed value' of the land." This contention was literally pulled out of thin air.  There is no analysis of the 'fair assessed value' of this land, in part because of the ongoing liability and related costs.  Actual analysis of the property values taking into account the liability and other issues, actually show the property as a net, negative value."

"The presence of the stacks reduces the value of the property." Again there is no analysis to back up this statement.  The stacks in fact, properly preserved and maintained will like be an attraction to anyone looking to build appropriate land use value to this part of the property.  Projects in Pittsburgh, Baltimore and Monterrey, Mexico are examples of how communities have transformed similar industrial sites into economic and cultural centers for those communities.

Mr. Puga has claimed the east side (by UTEP) will be livable--the TCEQ told the UT Administration that there is no chance that the east side will be remediated sufficiently for housing.

He misrepresented the one inquiry he was able to provide information about – the email that showed an interested buyer wanted to do military training -- a questionable use for many reasons. While some of those reasons are subject of a different debate, for our purposes 1) there’s almost no taxable value associated with that use, so that raises further questions about his projects and 2) with regard to the stacks, their objection was first and foremost that the presence of the stacks implied public access, with the issue of liability a secondary concern but not a deal-killer."

In addition Mr. Puga has not allowed independent verification of the contaminants on the site. Thus there is no confirmation of his assertion that more toxic materials will not be "encapsulated".

Nevertheless, many environmentally-concerned and conscientious citizens maintain that the safest solution is to bring the stacks down and that it is high time to do so since Mr. Puga gave efforts to save the stacks time to come up with funding. In a letter to Senator Rodriguez dated January 27, 2013 (pre-dating the decision by Council to release the ruling) environmental activist, Peggy McNiel,  wrote:

"I was astounded and dismayed that you are supporting taxpayer funds being allocated to preserve the Asarco smokestacks.

This idea has already been presented to our city council and voted down.  Taxpayers in the city of El Paso do not support funding the preservation of the Asarco smokestacks.  Please do not take this outside the purview of the taxpaying voters who will have to pay for this if you succeed.

What is surprising is that you are not fighting for additional funds to further clean-up the site--including demolition of the stacks--to make it more conducive to all types of development not just commercial---a worthy endeavor for an environmentally conscious individual.

Some facts you may not be aware of:

1)Remediation of the site has always included demolition of the smokestacks because of their danger to the public. To quote from the TCEQ's engineer who authored the remediation plan. "The lack of routine maintenance will accelerate deterioration of the buildings and structures.  The deterioration of the structures will pose a hazard to any unauthorized persons and, as is the case with the smokestacks and the bridge over I-10, will pose a direct hazard to the public."

This was written in 2009.  It is 4 years later.  Do you really want to champion funding of a "direct hazard to the public".?

2) The Lone Star Chapter of the Sierra Club regards the smokestacks as "toxic waste" in their public comments to the Assistant Attorney General, Environmental and Natural Resources Division, U.S. Department of Justice, Washington D.C. 

Their public comments were written by one of their PHDs.

3)  The Asarco stacks in both Tacoma, Wash. and Omaha, Nebraska were both demolished as part of their remediation plans for their sites.  I talked to the on site manager for Citizens for a healthy bay, Ms. Leslie Rose, in Tacoma, Wash. regarding their stack demolition.  She practically jumped out of the phone to say, "Controlled demolition is safer than leaving the stacks up and not properly maintaining them."  She asks why would you want to leave the stacks as a liability for future generations.  The Tacoma stacks were demolished according to their EPA directed remediation plan.  She went on to say that if the stacks remain, someone is always responsible for costly maintenance.  An uncontrolled, unplanned failure of the stacks could be catastrophic and end up killing people.  Maybe, not now, but at some point, the stacks will have to be demolished. 

The Asarco trustee has hired independent experts who put the cost to stabilize the 826 ft stack at $6 million up front and $100,000 to $150,000 per year ad infinitum.  Later Mr. Puga said further up front wind stabilization would be required at an additional cost of at least $4 million.  This is to adequately preserve the stacks.

The Save the Stacks group immediately rejected these costs of safety even before they had conducted a study.  At the City Council meeting, their firm estimated the costs at $4 million over 50 years compared to the trustee's study that the cost would be $14 million plus the wind retrofitting of $4 million plus over 50 years.  Puga has rejected their proposal as not adequate.  Puga is the man I trust backed by the TCEQ and the EPA not some locals without the proper training and experience to judge which study is valid.  The Save the Stacks hired firm admitted in the council meeting that they did not consider the threat of wind to toppling the stacks.  Yet the Save the Stacks group continues to say it will only require $4 million.

4) Ms. Rose of Tacoma also offered that if the stacks had remained, no one would buy the property for development.  This is the same objection reported by Puga in his initial attempt to find interested buyers.

El Paso needs taxpaying entities.  We don't need a blighted site.

5)  There is nothing remarkable about these stacks other than the extent of their pollution and cost of preservation.  There are 31 taller stacks in the U.S.  The tallest one is 1217 ft. in Homer, Pa. Of the 31, 21 stacks are 1000 ft. or taller.  The Asarco stacks were not designed by Trost.  They were built in 1966 in a standard manufacturing process. 

6)  In a poll conducted by an independent research firm for the El Paso, Times, 80% of the polled were against stack preservation if the taxpayer would be required to fund it.  The Save the Stacks group keeps referring to a poll where 70% are for stack preservation. They have never referenced the research firm who conducted the poll, the sample size and the reliability factor.

7)  Mr. Puga has given the public 2 years and extended deadlines twice to provide any group every opportunity to come up with the funding to safely preserve the stacks.  The current group has not been able to come up with their own funding. So they embarked upon a scheme to offload the liability and cost to adequately and safely preserve the stacks onto the taxpayer.  This was voted down in the El Paso City Council by a majority.  Now this group is going to you Senator to extract funds from the Texas Parks and Wildlife Dept. for preservation of polluted stacks.  At a time when our state parks are underfunded, why would anyone wish to cut additional funds from our mountains, beaches and parks to fund these polluted stacks?  Help me.

I urge you to allow the original remediation plan to go forward and support the trustee, Mr. Puga, the TCEQ and the EPA to clean up the polluted site and demolish the polluted, dangerous smokestacks in the interests of the environment and the health and safety of the citizenry.

These are my own opinions most of which are shared by a group of us who are against stacks preservation. We are now about 60 and counting. All of us do not want our taxes--local, state or federal allocated to preserving the polluted smokestacks.

If you wish to meet with me and discuss this further, I would be happy to go over the extensive documents and references further.

Thank you for your service,

Peggy McNiel"

Funding is the bottom line.  City Council won't provide any funds for structural "fixes", maintenance nor insurance.  It's not just TCEQ. Other large entities and powerful forces are involved. I continue to be skeptical about the safety of bringing down the stacks and then encapsulating them in the Parker Brothers Arroyo - an arroyo lined with pretty friable rock. Nevertheless, unless something unforeseeable happens in the next six weeks, it appears that I will take Peggy up on her offer to sip Brandy Alexanders and watch the demolition of these historic monuments.  Once gone, they will always be gone.  Jackson Polk of El Paso Gold has already prepared to document the final demise.

SWEC Presents New Back by Noon Outings

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Recycle Your Electronics

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Small Is Beautiful

I'm a candidate for City Council District 2. Please visit www.jimtolbert.com and like us on our Facebook page. 

Read, mark and digest: Why smarter land use can help cities attract and retain young adults.  Particularly look at the data at the end of the post revealing what researchers discovered about Millennials (people born from 1979 to 1996 – my kids are in this group):  prefer to live in a core city, desire walkability, value diversity, emphasize connectedness (ergo, the success and soaring popularity of social media).

It’s not just Millennials.  A baby boomer (my generation) couple who are friends of mine are not just interested in the small house concept (think adobe construction for the southwest) but in co-housing where “dining room and kitchen, lounge, recreational facilities, children’s spaces, and frequently a guest room, workshop and laundry room” are held in common.  It’s easy to see that space is developed conservatively and sprawl isn’t even part of the equation. Neighbors know each other and form communities.

So, when we talk about “infill” and walkability and downtown re-development, think Millennials, the creative class, small houses and co-housing. Take a look at what code allows for building materials. This is not to take away from what business models we have – but to encourage greater flexibility in design and planning. 

Persons interested in the real estate market may want to read a December 2011 post from Ken Bennfield’s blog.

Think water smart homes too.  The EPWU/PSB is convening a cutting-edge committee to look at what goes into (and outside of) a water smart home. Read the scope of work for this committee. There are three meetings tentatively planned for this committee on Mondays February 18^th, March 4^th and 11^th from 6 to 8 p.m. at TecH2O.  They are open to the public.  Members of the committee can be found in the Scribd presentation at elpasonaturally.  Two more members have been invited and have accepted: Jennifer Barr and Dr. John Walton both of whom will enrich the committee’s work.  After their work, residential plumbing codes for El Paso should be reviewed IMHO.

Rhonda Berry, President and CEO of Our City Forest (also on Facebook) recently cited another study that shows the “growing evidence that the natural environment provides major public health benefits.”  New EPWU CEO, John Balliew, at a recent breakfast meeting said that EPWU’s conservation initiatives never suggested the overuse of concrete and asphalt as landscape solutions. He suggested people visit the grounds of TecH2O. EPWU even promotes water smart plants.  Learn about the City’s Memorial Tree Program. Rep. Susie Byrd’s office recently donated a tree to Newman Park in memory of my mother, Margaret Hudson Tolbert.

Texas Parks and Wildlife has recommended a better alternative entrance to the Tom Mays Unit of the Franklin Mountains State Park. Posts about the route can be found here and here.  On January 24^th the Texas Parks and Wildlife Commission approved the transfer of eight acres plus to TxDOT for the construction of the new underpass, bike and vehicle route and animal corridor for the park.

Speaking about the Franklin Mountains State Park, see their February schedule of events and hiking.  For great hikes and events just check out El Paso Hiking Group, GeoBetty, Guadalupe Mountains National Park Meetup Group,  Las Cruces & El Paso Adventurists, Peak Fitness Challenge,  High Desert Hikers and Las Cruces Hiking Meetup.

Not just a coffee table book – Cacti of Texas by El Pasoans, Gertrude and Ad Konings, should be in the library of every Chihuahuan Desert recreationalist.

El Paso history comes alive with Melissa Sargent and Jackson Polk every Saturday morning from 10 to Noon on the El Paso History Radio Show on KTSM AM 690 Talk Radio.  This Saturday Melissa and Jackson  welcome some Harvey Girls and hear about their role in railroad history . We talk with President Dehrkoop and a master mistress re-enactor, Patricia Kiddney, who will portray several of the old West famous women. On February 16 El Paso City Manger Joyce Wilson is on hour one to talk about preservation of downtown buildings.

Finally, here is a really cool, grand idea: Klyde Warren Park.  Read the story in Parks & Recreation. Talk about finding park space and connectivity!

EPWU Monitors Low Lake Levels at Elephant Butte

Below is a press release dated today from EPWU. Now is a good time to follow them on Facebook, Twitter and even YouTube. 

EPWU's media contact is Martin Bartlett, Public Information Specialist, mbartlett2epwu.org, 
915-594-5510

February 4, 2013

EPWU continues to monitor low lake levels at Elephant Butte

Photos, videos share drought’s impact via social media platforms

EL PASO – Elephant Butte Lake remains less than four percent full of water available to downstream users, including El Paso Water Utilities and its customers.

While the number is telling, recent photos of the lake are even more striking. During the week of February 4-8, 2013, EPWU will dedicate its social media platforms to sharing photos and videos which demonstrate the drought’s impact on Elephant Butte Lake.

In a typical summer, EPWU pumps half of its water supply from wells in the city. The other half comprises water released from Elephant Butte Lake into the Rio Grande. However, continued drought in New Mexico and Colorado means less river water than usual will be available to El Paso.

“El Paso Water Utilities plans to make up the difference by relying more heavily on well water,” said EPWU President & CEO John E. Balliew, P.E. “We’re preparing by drilling new wells and building new pipelines to more efficiently move that water around the city.”

Much of the water stored at Elephant Butte Lake starts as rain and snowfall during the winter months in New Mexico and Colorado. The on-going drought, temperatures, wind speeds, and even humidity in those regions dictate how much of that water eventually reaches El Paso, Balliew explained.

“The bottom line is that we expect less river water again this year,” he said. “For now, it’s just too early to know how much less.”

The region’s on-going drought should serve as a reminder of the constant need to conserve in our desert community. Visit LessisMoreEP.org for drought updates and information on how you can conserve water.

EPWU Video of Elephant Butte:

FMSP Staff Makes Case for Best Entrance to Tom Mays

Click image to enlarge.

On Tuesday, January 22, 2013, Dr. Cesar Mendez, Superintendent of Franklin Mountains State Park, made a presentation to the El Paso City Council on the preferred new entrance to the Tom Mays Park.

Judy Ackerman advises: "Show your support for protecting our local parks by speaking out on this issue. Learn more [follow links below] about why TPWD is asking for support of their preferred entrance and then start sending emails and making phone calls to your elected representatives. After you have done that encourage your friends to join you by posting this information on Facebook, etc."

Tom Mays Preferred Entrance Presentation

Franklin Mountains Entrance Comparisons

Texas Parks and Wildlife Letter to TEXDOT