Above is a copy of the outdated and expired agreement between the United States of America (Department of Interior/Bureau of Reclamation) and the City of El Paso. Basically the City agrees to maintain the Nemexas-Montoya Drain since it needs the drain as part of its stormwater control. No where is there any mention of the El Paso County Water Improvement District #1, the organization whose General Manager is Jesus "Chuy" Reyes. Yet, when a single complaint resulted in a call to the WID, Reyes ordered the total clearing of vegetation (and with it habitat) in the Nemexas-Montoya Drain which required the El Paso Water Utilities to participate as the agent of the City of El Paso charged with stormwater maintenance and control. By what authority did Chuy Reyes order such radical clearance?
[Are you paying attention El Paso Times?]
A similar issue involves the IBWC's dredging of the Rio Grande at the Licon Siphon north of Las Cruces. One issue with the dredging had to do with endangered species. In a meeting attended by Mr. Reyes, Reyes mentioned that his authority to supercede concern for endangered species was "emergency". Obviously Mr. Reyes determines what is an emergency there being no objective criteria transparent to anyone else for defining an emergency. But the bigger question still looms: by what right does Mr. Reyes have to order the massive clearance of the drains when the agreement never mentions the Water Improvement District. In an Open Records request today I asked Mr. Reyes the following:
"As the agreement to help maintain the drain that we have been discussing is between the City of El Paso (the EPWU being the City’s entity) and the United States (via the Bureau of Reclamation), where does the El Paso County Water Improvement District #1 fit in? Does WID have a separate agreement with the Bureau? If so, may I please get a copy of that? If not, would you please document what authority the WID has over the drain which would obligate the EPWU to assist in maintaining it."
No reply yet.
I have been in email conversation with Mr. Jeff Hild, the Legislative Director for Rep. Beto O'Rourke, regarding the destruction along the drain. He was unaware of any federal connection that might involve Mr. O'Rourke's office as I was until now. I wrote him the following email attaching the agreement which you read at the top of this post:
Jeff,
Attached is the outdated and antiquated agreement which requires EPWU to help clean the drain in question. The agreement is between them and the United States of America because the United States of America owns the drain! You’ve got your federal hook!
The agreement was written prior to the popularization of environmental concerns. It is pre-Rachel Carson. It was also written when there was probably more farm land in the Upper Valley than residences. We now know that vegetation plays a key role in cleaning up water as it moves to a river. Besides vegetation and animal habitat provide much for the human spirit – something that can’t be easily quantified. A new agreement must show more environmental sensitivity, proper and ongoing land and habitat management.
You may be told that it was good to remove the salt cedars. Yes, that’s true; but they should have been removed and replaced with native cottonwoods or other trees over the long-run and never during nesting season. As this was federal land, then as a civil engineering friend of mine pointed out: “If federal funds or federal property is involved you could not disturb the area during nesting season if threatened or endangered species are present.” Several Audubon people have told me that the Southwest Willow Flycatcher was present. Perhaps we ought to investigate what kind of fine or jail term Chuy Reyes should serve.
I hope that the Congressman’s office will get involved especially with the EPWU and John Balliew, the CEO, and Robert Andron, the Attorney for the utility. I know that Beto knows both well. They should be encouraged to draft a more sensitive document that will maintain the drain while protecting the plants and wildlife and the ecosystem services that they provide. Working with Mr. Reyes is probably pointless and may even be unnecessary as the agreement again is between the United States and the City of El Paso. When I asked Mr. Reyes if he might be interested in mitigation, he responded: “I am not interested in replanting native vegetation. The drain will be maintained the proper way, the way the City of El Paso and EPWU are required to do so, this is an agriculture drain and not a habitat."
I look forward to your response at your very first convenience please.
Jim Tolbert
Mr. Reyes may be acting without authority and it may be that he really is unnecessary for many agreements. In a side issue also reported here at elpasonaturally, getting water to the Rio Bosque seems to have been held up for a long time by Chuy Reyes. (Perhaps he has to use the rest of the water to help his friends in Hudspeth County keep their reservoirs filled. Are you paying attention El Paso Times?)
A group of persons interested in resolving the water issue at the Bosque has been holding clandestine meetings at the home of Judy Ackerman in 2013. Those who are part of this hush-hush group include from UTEP: John Sproul, Scott Cutler, Vanessa Lougheed, John Walton, etc.; John Balliew; from the IBWC: Gilbert Anaya, Rebecca Little Owl; Mike Landis from the Bureau of Reclamation; David Will from TCEQ; Friends of the Rio Bosque; Ruben Vogt from the County; Charlie Wakeem, and others including Chuy Reyes.
At the last meeting it was brought up that the license with the TCEQ which has prevented some irrigation from the Bustamante directly to the Bosque may be moot anyway. In fact, a bid to do the pipe directly from the Bustamante to the Rio Bosque may go out to bid in August. The Water District would be cut out of the deal. Chuy Reyes was not at the meeting. My question with the Bosque and more pertinently with the Drain is this: Is Chuy Reyes necessary? Does he really have the authority that he claims to have? To whom are he and the Water District accountable?
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