TPWD Won't Survey Quarry; Gives away Responsibility to Cemex

Elpasonaturally has previously noted that the Texas Parks and Wildlife Department has no idea whether Cemex has encroached on state land at their quarry at McKelligon Canyon. TPWD as well as the Franklin Mountains State Park were urged to do a boundary survey.

We have now learned that neither TPWD nor FMSP are willing to go to the expense of a survey and will defer to Cemex. In other words, as one astute environmentalist points out: citizens and TPWD have abrogated their responsibility. 

Efforts have begun to determine whether the State will buy the land and close the quarry and end the destruction of the Franklins once and for all. The hitch may be that the General Land Office probably will fight any such efforts because it wants the royalties from mining (and destroying) the Franklins. 

It had previously been thought that the new FMSP headquarters might hold up efforts to get the quarried land from Cemex. There was some fear that the $3Million for the headquarters might vanish. However, new efforts to re-locate the headquarters to Tom Mays from the proposed site at Wilderness Park next to the Archaeological Museum may have saved the day. Although Tom Mays has neither water nor electricity, it seems that both John Balliew of El Paso Water and officials at EPEC are willing to make the new plan work.

Time to Buy CEMEX?

Aerial view of CEMEX McKelligon Canyon Quarry.
Photo by Scott Cutler

Not the stock - the McKelligon Canyon quarry. Here's why:

There is no way to close down the quarry. That was tried several years ago when Caballero was Mayor. The effort failed and it helped lead to the political demise of Ray Caballero and the election of Joe Wardy. 

There is one fact in Texas law that no one can get around unless there is a huge sea change in Texas politics leading to a re-writing of its Constitution. In Texas private property is sacrosanct. It trumps all other considerations. CEMEX owns the land at the quarry to the ridge of the mountain. Although at a certain point it may become logistically impossible to do any further quarrying, CEMEX can continue to scar the Franklin Mountains for the foreseeable future and there is nothing anyone can do about it.

Nor can the City easily boycott that quarry and not allow them to bid on city projects. It’s very hard to blacklist a vendor.  They have to have a really bad record with the city (or the state or the feds) such as an inability to perform. A construction industry insider said this to me: "I bet the city won’t even blacklist Basic IDIQ even after all the drama at San Jacinto.  It can be challenged legally too. You can’t blacklist CEMEX simply because they own a quarry and are destroying the mountain.  Won’t work."

The City can reduce the amount of rock and screenings used in landscaping. Although that may impact other quarry businesses, if the City ever gets serious about really fixing our streets and sidewalks, that should be a big plus for that industry that would easily offset any loss of landscaping business.

Finally, CEMEX as a corporation is in trouble. The Street, a financial media company, gives CEMEX a rating of D+. Their recommendation to stock traders:

"We rate CEMEX SAB DE CV (CX) a SELL. This is driven by a number of negative factors, which we believe should have a greater impact than any strengths, and could make it more difficult for investors to achieve positive results compared to most of the stocks we cover. The company's weaknesses can be seen in multiple areas, such as its generally disappointing historical performance in the stock itself and poor profit margins."

You can download the Street's full report and get more information about CEMEX by going HERE.

Simply put, CEMEX needs cash. Their selling the quarry would be advantageous to their corporate survival.

Who should buy? Certainly not the General Land Office of Texas that owns the mineral rights. That would make no sense. The GLO would simply want to find someone else to quarry the rock so that royalties can be paid to the Texas Permanent School Fund. 

The City of El Paso can't afford it, so . . .

That leaves the Texas Parks and Wildlife Department that runs the Franklin Mountains State Park. 

The deal could be structured over a period of three or four years. Once part of the TPWD, the face of the Franklins can be conserved. Now that El Paso is beginning to realize the huge economic value of eco-tourism, working in concert with others to buy and shut-down the quarry, and preserve the face of the Franklins from any further unsightly damage will only mean economic gain for the City. 

It's time to consider that option.

The Friday Video: Owls Underground

Here's our very own Urban Biologist, Lois Balin, in a well-produced Texas Parks and Wildlife Department video. It well documents the kind of habitat destruction caused by urban sprawl as well as the habits of burrowing owls who are pretty darn cute. (The video also includes the amazing dog, Zimba.) Lois and her volunteers have constructed some burrows fitted with cameras so that the birds can be documented in their homes.

Sad to report that yesterday Lois discovered that a burrow at the Rio Bosque Wetlands Park had been vandalized. She and some of her helpers are doing repairs today. It is so sad that some will destroy things just for the sake of destruction.

If you'd like to volunteer to help Lois with her burrowing owls, contact her at Lois.Balin@tpwd.texas.gov.

Visit El Paso Urban Wildlife on Facebook.

Here's one more video about development, burrowing owl habitat and Lois:

Construction Encroaches on Burrowing Owls Habitat 

If you get elpasonaturally by email, click on the link or go to elpasonaturally.blogspot.com to see "Owls Underground".

Killing Algae at Ascarate Lake

Photo by KFOX News

You probably have heard about the algae problem at Ascarate Lake that is killing fish. The El Paso Times story is HERE. The proposed remedy is a product called GreenClean Liquid 5.0. A Texas Parks and Wildlife Department official says: "As the GreenClean kills the algae it may be causing a dissolved oxygen problem that would kill the fish. The lake may need more aeration or they may not be following the directions on the label. The information is contradictory as to whether it is toxic to wildlife and the label places 77% of the ingredients under the category of 'other'."

The matter will take more time to discover if GreenClean Liquid 5.0 is really safe for lake life and people. TPWD personnel are working on it.

Question: will the County wait for the verdict or just go ahead and apply the broad spectrum algaecide? According to Commissioner David Stout the County is holding off on the treatment for now in order to explore options.

Help Save Our Franklin Mountains from CEMEX

Please take action NOW to save our Franklin Mountains from more destruction by CEMEX. Tell Park officials to do an official survey.

Click on image to enlarge.

I have had several posts recently about the destruction of our mountains by CEMEX. Their McKelligon Canyon quarry is quickly eating through the mountain. Here are my posts:

Cemex Continues to Eradicate Mountainside

Cemex Has Much More Mountain to Destroy

TPWD Has No Idea

Unnatural Paths at Wilderness Park

The quarry is bounded by the Franklin Mountain State Park. When I asked FMSP and TPWD officials back in November if they knew whether CEMEX had encroached on their land, they had no idea. 

Laura Russell, the TPWD attorney, told me: "According to our staff, the best available data currently is the El Paso City / County parcel data maintained by the Paso Del Norte Mapa, a coalition of local agencies. (http://www.pdnmapa.org/HTML/datasets.html) This parcel data is the foundation of the data TPWD presently uses in our GIS to depict the boundary of Franklin Mountains SP.  Franklin Mountains SP does not have a boundary survey.  It is described in the 1987 deed by Sections included in the park."

Click on image to enlarge.

In a comment to that post, Mr. Dan Knapp wrote: "If PDNMAPA is the authority, Cemex is encroaching 66 feet into the State Park on the north of Cemex property."

What needs to happen now is that the Franklin Mountains State Park and the Texas Parks and Wildlife Department need to do a boundary survey immediately.

Now the Rio Grande Chapter of the Sierra Club following the lead of the El Paso Group Sierra Clubis calling for action to save our mountain. Please visit the action page and send your message to the Superintendent of the FMSP and the Director of TPWD.


El Paso Group Sierra Club Facebook page

The Friday Video: Urban Wildlife Facebook Page

Burrowing Owls

Swainson's Hawk

Burrowing Owl

Harris's Hawk

Check out the El Paso Urban Wildlife - Texas Parks and Wildlife Facebook page. Like it. Follow it. Share its posts. Go there to see a number of great videos of burrowing owls.

I mention this page because this morning I took a Celebration of Our Mountains tour of the burrowing owls of the Rio Bosque Wetlands Park. Lois Balin, our Urban Wildlife Biologist for TPWD, guided us. Not only did we see the owls (who weigh about a fourth to a third of a pound), we saw Swainson's Hawks, Harris's Hawks, a Roadrunner, a Kestrel or two, a Snowy Egret, Mexican Ducks and more. It was a perfect morning - mostly overcast and cool. The bit of sunlight that broke through made the Franklins and the Sierra de Juarez look as if they were covered with dazzling white snow. We saw the footprints of what we believe to have been a gray fox. Our tour was not only educational, it was joyful.

Lois is leading another tour next Friday,  September 11th, beginning at 7:30 AM. Reservations are required and there is a maximum of 7 people. (Our birdblind was the TPWD vehicle that can seat 7. It was better than a ride at Disneyland.) Check out Events on Celebration of Our Mountains for more details.

"Storm water, Arroyos, and Slope Stabilization Recommendations for Arid Lands"

Arroyo 41A Pre-Development

Our friend, Lois Balin, our Urban Wildlife Specialist, just shared with us a Texas Parks and Wildlife Department recently released paper on arroyos: "Storm water, Arroyos, and Slope Stabilization Recommendations for Arid Lands". It's short and easy to read and should be read by engineers, developers, builders, city planners, parks and rec people - and people such as yourself who care about our mountains and neighborhoods. Especially now that we are in the midst of our monsoon season and have already experienced flooding due to poorly planned and managed sprawl, it would be wise to think about how we treat our arroyos in the future. City Council reps lust for park ponds. But park ponds don't do what arroyos can do if treated correctly. In upcoming posts, I'm going to be saying more about the flooding on the north-side of the Archaeology Museum/"Wilderness Park" grounds. This paper will give you some background as well as background any time arroyos and development are discussed. For now, some takeaway quotes (but please read the paper HERE):

"Traditional arroyo management using concrete walls, channels, and culverts, and building on floodplains creates unhealthy stream systems. Traditional methods are expensive to build and maintain and mostly lead to more problems while removing vegetation and wildlife."

"A holistic approach to channel systems must consider the vegetation as a key component. A 200’ buffer zone along arroyos would provide stability of the lands.  Vegetation has a huge influence on runoff, erosion, and sediment transport in arroyos.  Growth of vegetation protects the soil surface from erosion and crust formation, improves soil structure and macro-porosity by enhancing infiltration rates, and provides wildlife habitat."  



Please support elpasonaturally©. Go HERE to donate and help turn El Paso "green".

TxDOT's Comment Email Still Not Working!

Elpasonaturally reported earlier that the TxDOT's email address for comments about the park entrance wasn't working.  It seems that it still isn't:

Read through the email below. (Be sure to see my question following the email string.)

Dear Representative Pickett,

Thank you for working with TxDOT to El Paso’s advantage.  I hope you can help fix this problem.  TxDOT is soliciting public comment on the Franklin Mountains State Park entrance, but the address for comments is “not yet active.”  Makes me wonder if they really want comments….

Judy Ackerman

From: judy Ackerman
Sent: Monday, April 08, 2013 7:46 AM
To: 'Bob Bielek'
Subject: RE: ? Correct e-mail address for Meeting announcement, Entrance Franklin Mountains State Park

Dear Bob Bielek,

Thank you for your quick response.

It is unfortunate that your announcement, posted on your website says:

“Written comments may be emailed to the following address: Blanton & Associates, Attn: Loop 375 at the Franklin Mountains State Park Entrance, 5 Lakeway Centre Court, Suite 200, Austin TX 78734. Comments may also be e‐mailed to ELP‐FMSParkEntrance@txdot.gov.”

Which implies the public can comment now, but the address returns an error.  I hope you can activate the address soon, if you want to receive public comment.

Judy Ackerman

From: Bob Bielek [mailto:Robert.Bielek@txdot.gov]
Sent: Monday, April 08, 2013 2:28 AM
To: judy Ackerman
Subject: Re: ? Correct e-mail address for Meeting announcement, Entrance Franklin Mountains State Park

Judy,

That address may not yet be active.  You can send your comments to me and they will get into the system.

Bob Bielek, DPA, PE

Sent from my iPad

On Apr 7, 2013, at 8:11 AM, "judy Ackerman" wrote:

Dear Bob Bielek,

Please tell me the correct address to send comments on the proposed Franklin Mountains State Park entrance project.

Your announcement at this link:

http://ftp.dot.state.tx.us/pub/txdot-info/elp/notices/041013.pdf

states that the address is:  ELP‐FMSParkEntrance@txdot.gov.

However, that address returns the following error.

Please advise.

Judy Ackerman

915-755-7371

_____________________________________________
From: postmaster@txdot.onmicrosoft.com [mailto:postmaster@txdot.onmicrosoft.com]
Sent: Sunday, April 07, 2013 7:25 AM
To: Teschner, Richard
Subject: Undeliverable: Please choose Texas Parks and Wildlife Department's "Option 4" for the Tom Mays Entrance to El Paso's Franklin Mountains State Park

Delivery has failed to these recipients or distribution lists:

ELP-FMSParkEntrance@txdot.gov
Your message wasn't delivered because of security policies. Microsoft Exchange will not try to redeliver this message for you. Please provide the following diagnostic text to your system administrator.

  

Diagnostic information for administrators:

Generating server: txdot.onmicrosoft.com

ELP-FMSParkEntrance@txdot.gov
#< #5.7.1 smtp;550 5.7.1 RESOLVER.RST.AuthRequired; authentication required> #SMTP#

Original message headers:

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Be Safe. Drive Smart. 



So here's the question: If you want your comments to "get in the system", do you really trust Bob Bielek, the guy who has used many excuses for wanting to defund the TPWD's preferred entrance to the park rather than state the truth that he wants Lone Star Doodads for other projects?

Send him email, but be sure to send that same email to the list provided by the FMWC at the bottom of this announcement.

Wakeem Reiterates OSAB's Recommendation of TPWD Preferred Park Entrance

Open Space Advisory Board Chairman and one of El Paso's most respected "statesman", Charlie Wakeem sent this email to City Council members and other public officials:

Dear City Council and Public Officials,

 

The City of El Paso Open Space Advisory Board (OSAB) reviewed the six options for the entrance to the Tom Mays Unit of the Franklin Mountains State Park at its February 20. 2013 meeting with the understanding that this item would go before City Council some time in March.  However, I was told later the item was removed from the Council agenda.

 

I understand that the MPO met Friday morning to discuss the issue.  Even though OSAB is tasked by ordinance to advise only City Council on matters regarding the Open Space Master Plan and the Mountain Development Area of El Paso, in which this entrance is a part of both, I would like to give you OSAB's decision.

 

Originally, OSAB recommended the spur road option a few years ago.  Not having reviewed the final six options at that time, since they were not available, OSAB's decision was not fully informed.  The board once again reviewed all of the options February 20th.  After weighing both the pros and cons of all six options, OSAB unanimously voted to recommend the Texas Parks and Wildlife preference, or Option #4, for all of the reasons TPWD has given.  The principal reasons for OSAB's support of Option #4, the underpass, is that it provides a safe entrance to the park, it preserves the view of the mountains, it would keep the Tom Mays Unit easily accessible to the public, including tourists, and it would easily accommodate vehicle, pedestrian, bicycle and wildlife passage across Transmountain Road.  Even though it is one of the more expensive options, OSAB feels it is the best option for the good of the community in the long term.

 

Cordially yours,

Charlie Wakeem

Charirman, Open Space Advisory Board

MPO Delays TxDOT Attempt to Defund Park Entrance

Judy Ackerman was our woman on the ground for the MPO meeting today.  Below is her report along with a message that she will send out again to FMWC persons.  I include it here for everyone.  Apparently the MPO delayed decision on taking funds from the park entrance project and spending them on doodads and frills (those boring Lone Stars that TxDOT likes to use for its big freeway exchanges instead of real live landscapes - and, in this case, in stead of a safe, visible entrance to our Franklin Mountains State Park which will include an animal corridor as well as bicycle and pedestrian paths that will connect the southside of Transmountain with the North.  Lone Stars in TxDOT's planning come before human safety or wildlife preservation.  

Judy told me that the Chairwoman of the MPO, Judge Veronica Escobar, made it clear that the MPO wanted to see consensus in the environmental community.  With the exception of one person, there is unanimous favor for the TPWD's preferred alternative - an underpass at the entrance not a 3 mile round-trip diversion from Paseo del Norte that will cut through an arroyo and valuable archaeological assets. 

It is critical that you let TxDOT, the MPO, Judge Escobar and City Manager Joyce Wilson know that you prefer the TPWD's choice and no others and that you are part of the environmental community.  Judy has published a list of email addresses below.  I add two more:

Robert Bielek, TxDOT Engineer for El Paso: Robert.Bielek@txdot.gov

Ted Houghton, State TxDOT Chairman: ted4@houghtonfinancialpartners.com

I have also learned from an undisclosed source close to MPO and TxDOT that TxDOT person's have been told to lie about the alternative - to claim anything besides the truth which is that they want to divert funds from safe, visible entrance preferred by the Park and use those funds for Lone Star doodad frills.

Judy's Report

Today, MPO Delayed a decision on agenda items 10 – 15 http://www.elpasompo.org/2013Agendas/TPBAgenda040513.htm.  TXDOT’s proposal to Defund Option 4 was based on an agreed upon suspense of 30 Aug to let the funds.  Joe Pickett believes he can slip the suspense. MPO wants to hear from the public and says their recommendation to defund will go forward unless the community comes to consensus at the meeting 10 Apr.  IF Pickett can NOT ensure the money will still be available after 30 Aug, MPO will have a special meeting to decide whether to defund.

judy

Email to FMWC Community 

You - the Public will determine the fate of FMSP Entrance.  Your participation will determine if Franklin Mountains State Park (FMSP) will have a safe, appropriate entrance.  The Metropolitan Planning Organization (MPO) will base its approval of the TXDOT project on the public comments at next week’s meeting.  If there is no public conscious, the FMSP Entrance project will be de-funded. 

Please attend TXDOT’s public meeting on Wednesday, April 10, 2013, 6:00 p.m. to 8:00 p.m.

Canutillo High School, 6675 South Desert Boulevard, El Paso TX 79932.

We need an entrance to FMSP that is safe for vehicles, pedestrians, bikes and animals.  TPWD completed an in-depth analysis and determined that TXDOT’s Option 4, with an underpass into the Park, is the only acceptable option.  Links to their reports are available at:  http://www.franklinmountains.org/.

Expanding Transmountain Road cuts the Park in half, fragmenting habitat and making it impossible for visitors to safely get from trails south of Transmountain Road to amenities that are north of the road.

Links to details about the environmental community’s preference can be found at http://elpasonaturally.blogspot.com/2013/02/fmsp-staff-makes-case-for-best-entrance.html.   

The MPO board members repeatedly reminded FMSP advocates that public participation is the key to funding Option 4.  Whether you can attend the meetings or not, please contact all the elected officials and government personnel listed below and let them know that you support a safe and appropriate entrance to our nation’s largest urban park.

Written comments from the public regarding this project are encouraged. Comments may be submitted either at the Public Meeting or within 10 days after the meeting. Written comments may be emailed to the following address: Blanton & Associates, Attn: Loop 375 at the Franklin Mountains State Park Entrance, 5 Lakeway Centre Court, Suite 200, Austin TX  78734. Comments may also be e‐mailed to

ELP‐FMSParkEntrance@txdot.gov.

Comments must be postmarked on or before Saturday, April 20, 2013 to be included as part of the public record. If you have any questions or would like to discuss the project in more detail, please contact Ms. Martha Gandara, TxDOT Project Manager, at (915) 790‐4255.

Here is a sample message you can copy and paste:

Dear City, County and State Officials,

I urge you to support and fund TX Parks and Wildlife Department’s (TPWD) preferred entrance to the Tom Mays Unit of the Franklin Mountains State Park (FMSP) known as TXDOT Option 4.  This is the only option that is safe for vehicles, pedestrians, bikes and animals. 

As someone who deeply cares about our State Park and the safety of motorists and wildlife, I want the TPWD front-door alternative back on schedule and fully funded.

Here is why you should support an improved entrance to the Tom Mays Section of the Franklin Mountains State Park (FMSP) that includes an underpass. (This is known as TXDOT Option 4.) 

·         Ensures safe access to the FMSP for vehicles, pedestrians, bikes and wildlife. 

·         The TPWD and FMSP personnel are the experts on the Park.  They have reviewed the entrance options and we should respect TPWD’s professional decision on what is the best entrance to the Park.

·         Ensures that emergency vehicles will have the easiest access and swiftest response times when dealing with emergencies in the park.

·         Safeguards orderly traffic flow for an estimated current 35,000 – 40,000 vehicles that visit FMSP each year - and the number is growing.

·         Minimizes habitat and terrain distribution.

·         Leaves the FMSP’s richest archaeological site undisturbed.

·         Preserves mountain vistas.

·         Provides a world-class entrance to a world-class Park, not the back-door entrance proposed in other options.

·         The best long-term investment in local transportation.

Just copy this list and paste into the “To” field of your email. Robert.Bielek@txdot.gov, mmedina@elpasompo.org, escobar@epcounty.com, johnfcook@sbcglobal.net, lillyam@elpasotexas.gov, byrdsm@elpasotexas.gov, acostaea@elpasotexas.gov, robinsoncl@elpasotexas.gov, noem@elpasotexas.gov, holguinec@elpasotexas.gov, ortegasx2@elpasotexas.gov, nilandcc@elpasotexas.gov, mcelroymx@elpasotexas.gov, wilsonja@elpasotexas.gov,

joe.pickett@house.state.tx.us, joe.moody@house.state.tx.us , jose.rodriguez@senate.state.tx.us

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

Breaking News on Conservation Fronts

Three pieces of breaking news:

City staff will present a "springing conservation easement" proposal to City Council tomorrow.

The PSB's recommendation for an alternate entrance to the State Park will also be presented and acted on.

The Mayor's Blue Ribbon Committee may have handed the development community a green light to build, build, build no matter how limited our water resources are.

Once again, City Council takes up tomorrow (Tuesday, July 17) the entire issue of preserving acreage in the NW Master Plan in perpetuity. The debate has centered around the best way to do that. After further consideration, the committee tasked with presenting a plan to City Council will present the option recommended by the PSB: transfer the land to the State Park with a reversion clause that requires a conservation easement should the land return to the City. If the State Park decides to sell the land or use it for another purpose (which would be counter to their mission statement), then the land returns to the City for Parkland Dedication. Everything about this plan is solid except for the fact that the City might as well put a conservation easement on it now rather than depend that an election might overturn the perpetual preservation of the land.

Do see the attachment to City Council Agenda 10A-1. It is the presentation that staff will give with the above recommendation. Without a doubt, the new recommendation is very good news.

Add to this good news the following: There has been some question about the reliability of Texas Parks and Wildlife not to keep the land - to sell it instead. In an email dated July 15, 2012 to Risher Gilbert from Scott Boruff, the Deputy Executive Director of the Texas Parks and Wildlife Department, assurances are given about TPWD to preserve land in perpetuity to fulfill the mission of the department. Concerns that there have been previous examples of sell-offs are addressed. Here's the email:

From: Scott Boruff <Scott.Boruff@tpwd.state.tx.us>
Date: July 15, 2012 7:20:35 PM CDT
To: Risher Gilbert <RGilbert@gilbertlf.com>
Cc: Deirdre Hisler <Deirdre.Hisler@tpwd.state.tx.us>, Corky Kuhlmann <Corky.Kuhlmann@tpwd.state.tx.us>, Ted Hollingworth <Ted.Hollingsworth@tpwd.state.tx.us>, Jeannie Munoz <jeannie.munoz@tpwd.state.tx.us>
Subject: Review of TPWD land transaction list
To Whom It May Concern
Thanks for the opportunity to review the land transactions referenced in the document titled "The 837-acre West Transmountain Scenic Corridor Land: Why a Conservation Easement Is Necessary".  All land transactions move through the Executive Office, and are subject to intensive review and analysis to insure that each transaction is consistent with the agency's mission " to manage and conserve the natural resources of Texas and to provide hunting, fishing and outdoor recreation opportunities for the use and enjoyment of present and future generations".
This list does reflect 57 land transactions completed by the Texas Parks & Wildlife Department over the past 17 years.  Each of these transactions resulted in a net gain for conservation, except for those very few that resulted from previous deed provisions or legislative direction.  Examples include the transfer of 12 acres to the Union Pacific Railroad (an old abandoned rail track at Lake Mineral Wells State Park), pursuant to a deed provision that allowed the railroad to reclaim the track at any time.  The Texas State Railroad was transferred by the Legislature to a newly created Railroad Authority.
The overwhelming majority of these transactions represent overall improvements for both conservation and recreation, and result in ongoing protection from development.  Although rare, in those instances where TPWD transfers land to private ownership, strict protections are put in place to preclude development and other impacts to natural resources and view sheds.  TPWD does not sell land that is contiguous to a park, and on those occasions where it makes sense to trade parcels to increase conservation and recreation value, once again, the trade envisions protections that preclude development.  Most of the transactions on this list represent transfers and sales to other public or NGO entities that insure continued protection of the land, usually via reversion clauses or other deed mechanisms.  At least a few represent extremely significant additions to the State Park system, such as the Big Bend addition of the 7,000 acre McCormick parcel.  To suggest the 180 acre parcel transferred as a deed without warranty is a sale of parkland is just one example of using this data out of context.
In short, the agency's mission and strategic plan are very clear about the handling of our land inventory.  We have a robust and thorough process to insure that we protect any land in perpetuity that we have owned and then transfer to improve conservation.  On those rare occasions when we sell or transfer land out of the public domain, we do so with strict restrictions on development that comport with our mission to protect the State's natural resources.
Any suggestion that TPWD sells State Park land to use the money to support operations is not supported by the agency's long track record of stewardship and land protection.  We are quite proud of these transactions, and would gladly provide more specifics.  The fact is that any thoughtful and thorough review would dispel any perception that the agency sells parklands for development or to support operations.
Sincerely,
Scott Boruff
Deputy Executive Director
Texas Parks and Wildlife Department
512-389-8595

Finally, Carlos Gallinar told me today that the City has learned that the State Legislature does not have to approve the transfer - the Commission overseeing TPWD has that sole authority. With the strong recommendation of Dr. Cesar Mendez of the Franklin Mountains State Park, this recommendation is pretty much assured.

In addition to the above, Item 10A-2 is discussion and action on an alternative route into the park. Again, read the attachment. Staff will recommend the PSB's Alternate 1 as this blog has previously reported. This route has some added advantages of securing "saved" money for a workable animal corridor where the current culverts exist east of the current park entrance and a deer fence that will help direct animals (particularly Mule Deer) to the corridor and away from Transmountain Road.

Bottom line: good things are taking shape.

One piece of news that may lead to some pretty grim results is that the Mayor's Blue Ribbon Committee on the City's relationship with the PSB over land management voted this morning to recommend a 5 member committee to determine whether land was inexpedient. This committee will consist of the Mayor as Chair, two City Council members (supposedly chosen by the Mayor with the blessing of City Council) and the Chairman of the PSB and one other PSB member. The decision seemed to spring from a desire not so much for better communication between the City and the PSB, but from an attempt to further the expansion and growth of the City no matter how limited our water resources are. Based on the 5% average annual growth of the City, water supply estimates are only 30 to 50 years. 30 to 50 years!!! Yet one Council member present exclaimed that she didn't care what resources aren't there, "if a billion dollar industry wants to come to El Paso, we will make it happen." There are going to be many thirsty people in 30 to 50 years. The motion for the new committee was made by Ted "TxDOT" Houghton (whose "soul" incentive is growth, growth, growth, money, money, money) and sadly seconded by Open Space Advisory Board Chairman, Charlie Wakeem. 

The excuse for this committee has been the lack of communication between the City and the PSB. I agree that something needed to be done. But the committee also recommended that the City's CFO and Deputy City Manager participate in PSB budget and strategic planning sessions. Communication is fixed by communication. Favoring development and developers with no concern for the rare (and getting rarer) resource of water is furthered by weakening the PSB, if they would only begin to be driven by the need to conserve the supply of water before being driven by maximizing land value (which they would do if they conserved more land and not fight conservationists as their CEO did with the NW Master Plan. The PSB and Archuleta should have been allies. Hopefully they will become more so and hopefully (though I doubt it) City Council will reject the Blue Ribbon Committee's recommendation for a new land management committee.

The best approach to the land management issue would have been the conservative one: maintain the status quo. The only thing needing fixing immediately was the piece about communication. That's solved by talking and by employing less autocratic leadership models.

Bye, bye bathwater. Bye, bye baby.

Countdown to City Council July 17

This week elpasonaturally is going back over issues concerning a conservation easement. Please follow the posts daily. Yesterday’s post again talks about why a conservation easement in the northwest is necessary. Today’s shows documentation that land belonging to the Texas Parks and Wildlife is not necessarily preserved as park land forever.

All of this is leading up to next Tuesday, July 17, when , Planning and Development staff will present their proposal to City Council that land in the NW Master Plan be conserved by transferring the land to the State Park with a reversion clause that the land will return to the City if it doesn’t remain in use as natural open space recreation.  Elpasonaturally believes that the same plan presented to the PSB in June will be the proposal by staff to City Council in spite of the fact that the PSB endorsed a conservation easement.

There’s much more ground to cover this week, so please bookmark elpasonaturally and visit daily.

More and more we will discuss water conservation and the need to reform water policy now. One major reason for doing so: climate change. Read: This US Summer is ‘what global warming looks like’. Grist reports heat records melting all over the U.S. Keep up with the record drought and the daily heat index.

So what is the history of water in El Paso? U.S. Bureau of Reclamation official, Bert Cortez, will be the guest on the El Paso History Show with Jackson Polk and Melissa Sargent on Saturday, July 14, from 10 to Noon on News Talk 690 KTSM. Visit ephistory.com. Like them on Facebook.

Most of you have probably been following the sad stories of scandal, corruption and incompetence in our school district. Former Senator Eliot Shapleigh is leading an effort for reform. As parents, grandparents, students – or none of the above – you will be interested in a Town Hall that he is holding at the EPCC Val Verde campus tomorrow, Wednesday, July 11^th, at 5:30 p.m. For maps to the campus and of the campus along with a special letter from Senator Shapleigh to El Pasoans as well as a letter from him to disgraced Superintendent Lorenzo Garcia, go here. Two more Town Halls are being planned.

Finally, sustain your spirit. Go see Moonrise Kingdom. Word to the wise: Stay through the credits. Don’t leave.

TPWD Does Disburse Land - Conservation Easement Needed

Following up from yesterday's post, here again is the vintage Risher Gilbert quote: "Some people don't trust the PSB, don't trust the City Council, and now don't trust the state park. At some point, we have to have some trust here."

Again: there is some trust - in the law, in contracts, in courts, in unbiased third parties.

Just browse through this document:

TPWD State Park Land Dispositions

It shows land sold, transferred or otherwise disposed of or disbursed by the Texas Parks and Wildlife Department. There is no guarantee that land given to  the TPWD will stay with the TPWD. Several years ago they sought to trade a few acres of Franklin Mountains State Park land for the building on Clark where  TPWD offices. That building is owned by TxDOT. The deal was not made not because of TPWD but because TxDOT didn't want to do it.  Nothing against the TPWD - but conditions, circumstances, key players, institutional memory, etc., etc. change. A conservation easement is the only guarantee that land will remain natural in perpetuity.


Unlike some suggestions by our less than trustworthy Ms. Gilbert, there are TPWD lands that have conservation easements:

Here are five examples: 

1.      Black Gap Wildlife Management Area, Brewster County

2.      Caddo Lake Wildlife Management Area, Harrison & Marion Counties

3.      Devils River State Natural Area, Val Verde County

4.      Devils River Ranch State Natural Area, Val Verde County

5.      Government Canyon State Natural Area, Bexar County

Information was provided by Corky Kuhlmann, Project Manager, Land Conservation, Texas Parks and Wildlife Dept., 512-389-4590.


It's a good plan to transfer the land in the NW Master Plan to the State Park. However, a conservation easement must be part of the mix. That's a deal that can be trusted in perpetuity.

State Parks Need Your Help

I asked the Franklin Mountain State Par Superintendent, Dr. Cesar Mendez, how to donate to the park directly. He responded:

Greetings!  People can always donate directly to the park of their choice by going to that park and making a cash or check donation of $499 or less using the front desk, donation box, or self-pay envelope.  If someone uses a check they can write in memo section the purpose of the donation (to what park and/or specific purpose, etc.).  Donations of $500 or more from a single donor can also be accepted at the park level, but they have to be approved later on by the TPWD Commission, during their regular meetings.
 Regular donations collected in a given park goes to that park, unless specified otherwise. For example, when visitors make donations at the FMSP donation box or place money self-pay envelopes identified as donation, that money goes 100% to FMSP which is critical for our operations. But please consider that right now the Texas State Parks are in a critical situation as whole system and needs to fill the $4.6M gap in the budget statewide. Three ways to contribute to the whole Texas State Park System are: 1) Go to the website to make a tax-deductible, year-end donation.
 2) Make a donation when renewing your motor vehicle registration.  3) Most importantly, because visitor fees pay for about half of the operating costs, visit state parks. Thanks!