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Bandera County Courier is published weekly by Gail S. Joiner, 1210 Hackberry St., Bandera, TX 78003. Subscription price $26 per year in Bandera County, TX; $36 per year for other Texas counties; $40 per year out of Texas. POSTMASTER: send address changes to Bandera County Courier, P.O. Box 1704, Bandera, TX 78003. Periodicals Postage pending in Bandera, Texas.

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River cleanup helps keep Bandera County ‘jewel’ pristine by Judith Pannebaker BCC Editor Published May 1, 2008 Tommy Adams marked a spot where paddlers can empty their canoes of trash collected during the Saturday, May 3, Medina River Cleanup. Courtesy Photos Tommy Adams indicated how much the Medina River is down due to Bandera County's extended drought. In some sections of the river, canoers will drag their boats instead of paddling them during the May 3 river cleanup.    By doling out some greenbacks for event, Bandera County Commissioners recently showed their approval of the latest version of the Medina River Cleanup, slated for Saturday, May 3.     During the Thursday, April 24, meeting, commissioners approved a $500 grant to the Lake Medina Conservation Society. The money will be used to defray costs of the eighth annual cleanup of the waterway, which has been described as one of Bandera County’s “jewels.” Prior to requesting the grant, Don Sloan, treasurer of the conservation group, explained the river cleanup process.     “This is a totally volunteer effort. The cleanup attracts between 150 to 200 volunteers from all over the state,” he said, noting about 100 volunteers are county residents and the rest members of the Texas River Protection Association. “Members of that association go all over the state to assist river and stream cleanup efforts,” Sloan explained. He added, “The Medina River is one of their favorite projects.”     From its headwaters in the northern portion of the county to within a few miles of Medina Lake, opposite English Crossing, the river will be divided into 12 sections, each with its own leader.     Consulting a map supplied by Sloan, Precinct 3 Commissioner Richard Keese pointed out, “I don’t see anything going on up the West Prong of the river.”     Sloan agreed with Keese’s assessment, and Precinct 4 Commissioner Doug King remarked, “It’ll have to wait for a flood to wash it down (river).”     “Teams will use from 12 to 15 canoes to cover the 50 miles of the river, picking up man-made trash, plastic items and cans,” Sloan said. He explained that the canoes would be launched from public access points along the river, as well as from private land with prior permission from landowners.     Previously, advance teams had patrolled the waterway to identify bulk trash items that would necessitate heavy equipment for extrication from the water and hauling off. “We recover about 1,500 to 3,000 pounds of trash each year,” Sloan said.     Since the grant request seemed to be shaping up to be a yearly appeal, County Judge Richard Evans suggested Sloan make the request a part of the up coming budget process. Sloan agreed, telling the court the city, as well as the groundwater district, had included the modest grant in their annual budgets.     Funds collected by the Lake Medina Conservation Society for the annual cleanup are administered by the Bandera Community Foundation (BCF), a nonprofit organization that acts as an umbrella group for smaller nonprofit groups, according to Sloan.     The annual fundraising campaign will build an endowment fund with interest being used to protect the Bandera County portion of the Medina River in perpetuity. Contributions to the Bandera Community Foundation can be sent to the Medina River Protection Fund, PO Box 417, Lakehills 78063.     Registration for the Medina River Cleanup begins at 9 am, on Saturday, May 3, at the dam at Bandera City River Park.     All registrants will receive commemorative T-shirts, and participants will also be treated to a free barbecue from 5 pm until 7 pm, at the conclusion of the cleanup. Mesquite Trio will provide entertainment.     For more information, contact Robert Brischetto, Medina River Cleanup coordinator, at 830-612-3643, or visit www.MedinaRiver.net.

Articles in the water section of the on-line Courier:

River cleanup helps keep Bandera County ‘jewel’ pristine	Published May 1, 2008
Tracking river trash	Published April 24, 2008
Medina River Cleanup surveillance	Published April 17, 2008
Residents fear being left high & dry by depleted aquifers	Published April 17, 2008
LH residents aim to fight 'draconian' utility increases	Published April 17, 2008
Kicking off Medina River cleanup & fund drive	Published April 10, 2008
Gilleland Creek Watershed Workshop set for Tuesday	Published March 20, 2008
Schreiner hosts final water symposium	Published March 6, 2008
Citizen requests resignation of groundwater director	Published Oct. 18, 2007
Second water symposium set in Fredericksburg	Published Oct. 18, 2007
Texas Water Symposium scheduled for Kerrville	Published Sept. 13, 2007
Bandera County River Authority and Ground Water District meets Aug. 30	Published Aug. 30, 2007
TCEQ public hearing called in Medina County	Published Aug. 23, 2007
Water rate hike sparks residents’ ire	Published Aug. 23, 2007
Water district takes ‘agreed upon’ action on violators	Published Aug. 16, 2007
Water board takes action on violators	Published July 19, 2007
Water district to tackle two controversial issues	Published July 12, 2007
Will water district investigate complaint?	Published June 7, 2007
Water district fooled by sneaky subdividers? Water board given greenlight to address illegal ‘straws in aquifer'	Published May 24, 2007
Water district meets May 17	Published May 17, 2007
Medina River Cleanup Saturday	Published May 3, 2007
Details unveiled for May 5 Medina River Cleanup	Published April 26, 2007
Look what you find in the river	Published April 19, 2007
Medina River Clean-up set for May 5	Published Feb. 8, 2007
Water articles from 2006 and 2005.

Tracking river trash Published April 24, 2008 Photo by Robert Brischetto    Jim Falbo of Lakehills found a refrigerator up-river from Bandera. This is the second refrigerator in as many weeks discovered by a surveillance team preparing for the Medina River Cleanup on May 3. Anyone with a tractor or equipment willing to remove bulk items, should contact Medina River Cleanup Coordinator Bob Brischetto at 830-612-3643. For details of the May 3 cleanup, visit: www.MedinaRiver.net.

Medina River Cleanup surveillance Published April 17, 2008 John Bilderbach stood by the remains of a refrigerator found along the Medina River down river from Bandera during the Medina River Cleanup advance surveillance Sunday, April 6. Photo by Robert Brischetto John Bilderbach next to roof metal down river from Bandera Cattle trough up river from Bandera near Ranger Crossing Refrigerator up river from Bandera near Ranger Crossing Metal roofing up river from Bandera Barrel down river from Bandera    The Medina River Cleanup group continues to conduct surveillance of the 50 miles of the river within Bandera County, locating large items of trash prior to Medina River Cleanup day Saturday, May 3. For more information, visit www.MedinaRiver.net or contact Medina River Cleanup Coordinator Bob Brischetto at 830-612-3643.

Residents fear being left high & dry by depleted aquifers by Judith Pannebaker BCC Editor Published April 17, 2008    Water, especially in aquifers flowing under this area, is considered the Hill Country’s liquid gold. Its abundance pushes development; its absence impedes the process of development. The question now facing directors of groundwater management districts becomes: How much water can be mined from the aquifers – for current and future development – without decimating the precious natural resource?     50 years & pumping     On-going studies and plans will determine the Desired Future Condition (DFC) of the aquifers included in Texas Groundwater Management Area–9 (GMA-9). Computer models and simulation will also indicate the end result of proposed increased pumping of aquifers during the next half-century.     As required by HB 1763, members of the State of Texas GMA-9, which includes the Bandera County River Authority and Groundwater District, recently attended a planning meeting at the Historic Courthouse in Kendall County. BCRAGD General Manager David Jeffrey and Directors Richard Connors and Don Sloan attended the meeting.     Participants reviewed a computer simulation recently concluded by specialists with the Texas Water Development Board (TWDB), an agency charged with overseeing the state’s water resources and with providing affordable water and wastewater services. The TWDB offers water planning, data collection and dissemination, financial assistance and technical assistance services to the citizens of Texas.     TWDB scientists provided GMA-9 members with a Groundwater Availability Model (GAM) that purportedly “guess-timated” the amount of additional water that could be extracted from various aquifers – over a 50-year period – without leading to adverse consequences. Not surprisingly, last week’s GAM review pointed out a need for additional studies.     Introducing … GMA-9     For the uninitiated, GMA-9 includes all or portions of Bandera, Bexar, Blanco, Comal, Hays, Kendall, Kerr, Medina and Travis counties. Groundwater conservation districts either partially or completely located within GMA-9 include BCRAGD, Barton Springs-Edwards Aquifer Conservation District, Blanco-Pedernales Groundwater Conservation District, Cow Creek Groundwater Conservation District, Edwards Aquifer Authority, Hays Trinity Groundwater Conservation District, Headwaters Groundwater Conservation District, Medina County Groundwater Conservation District and Trinity-Glen Rose Groundwater Conservation District.     During the course of the meeting, it became evident it would be difficult – if not impossible – to devise a “one size fits all” long-range plan for all entities within GMA-9.     In addition to review of the GAM, the Monday, April 7, meeting also focused on the Desired Future Conditions (DFC) and Managed Available Groundwater (MAG) of the four major aquifers and three minor aquifers that make up – either partially or completely – GMA-9.     Don’t touch our aquifer     Using previously accumulated data, TWDB’s GAM showed the effects of a 33-foot drawdown in various aquifers by 2060. According to experts involved, the model apparently indicated an overall increase in pumping would not affect aquifer water levels over that 50-year period. While the TWDB experts, as well as most groundwater board members, including Jeffrey, deemed the 33-foot water decline acceptable, concerned citizens attending the meeting felt differently.     David Langford, vice president emeritus of the Texas Wildlife Association, expressed fears that the proposed water decline in the aquifer would dry up a spring located on land owned by his family since 1851. From 1995 through 2007, the water level of a well on the same property had decreased by 30 feet, according to Langford.     “The proposed 33-foot drawdown would require us to give up another 30 feet of water. (Our family) has spent six generations putting water back in the aquifer. Our reward for a century and a half of stewardship will be taken to facilitate pumpage elsewhere,” he said. “The current GAM of a 33-foot drawdown will dry up a spring that been supplying water for six generations. This is upside down and backwards. Water suppliers are being penalized so municipalities and developers can make a profit. I do not feel this drawdown is acceptable.”     Echoing Langford’s concerns, Laura Maybury, senior water analyst with the Environmental Defense Fund, noted, “The policy decisions you make over the next couple of years will help determine the future of the water resources of the Texas Hill Country.” She also described the process of adopting a desired future condition as “an intricate balancing effort to meet the needs of the growing population while maintaining the availability of groundwater for current users and providing for the essential outflows that support the area’s creeks and rivers.”     Maybury said that because drought conditions were not simulated in the GAM run, it would be impossible to quantify how a drastic reduction in recharge during a drought of record – or worse – would affect water resources of the Hill Country.     Daniel Opdyke, PhD, water planning coordinator with Texas Parks & Wildlife, asked members of GMA-9 to consider carefully the impact their decisions would have on surface water flows in the Hill Country.     “Groundwater pumping has a direct impact on the historically gaining streams of the Hill Country. No amount of long-term pumping will have zero impact on surface water. Your task is to decide on an acceptable level of impact.”     Opdyke added, “Increases in pumping limits set today will be experienced as an approximately equivalent reduction in surface water flows during our or our children’s lifetimes.”     Others who spoke against the proposed 33-foot drawdown included Bebe Fenstermaker, owner of Maverick Ranch in Bexar County, Myfa Moore, who owns 3,500 acres in Bexar County; and Medina County resident Dr. Bob Fitzgerald, who feared that a 10,000 year-old spring on his property would dry up if the drawdown became policy.     Although Dr. Robert Mason of TWDB told citizens the model could not monitor every spring in the Hill Country, he added the simulation could be used to determine the overall discharge health of the system.     “We could also look at baseflow as a proxy to determine how pumping will affect streams and seeps.”     Drawdown okey-dokey     Regarding the drawdown, Mason said, “An overall increase to 88,000 acre-feet per year (of water pumped) appears to be a sustainable amount of pumping and won’t drawdown the aquifer.”     An unidentified citizen asked Mason if the model had taken into effect the affect of impervious cover on aquifer recharge.     “It could,” he replied cautiously before adding, “Some research suggests development increases recharge. It’s a complication issue.”     However, Langford scoffed at the idea that aquifer recharge would be increased if 1,000 acres of plains were replaced with a 1,000-acre housing development.     When polled, most GMA-9 members seemed to accept the results of the GAM simulation. Brian Hunt of Barton Springs was concerned about decreased base flows and subflows, while Doug Wierman, vice president of Hays Trinity GCD said, “Thirty-five feet as modeled is excessive but would be acceptable if tweaked,” noting, “There’s a light at the end of the tunnel.”     John Kight of Kendall County’s Cow Creek GCD suggested an “independent third party” review of the TWDB data should include comparing the model’s relationship with an actual monitoring well.     Ron Fieseler, manager of Blanco-Pedernales GCD, who acted as facilitator of the meeting, commented, “Some districts have too much water and some not enough.” Moreover, he suggested that a finite number (of acre feet) for managed available groundwater would provide a level of protection for the aquifer. Fieseler also recommended assigning zero drawdown to the Edwards Plateau Aquifer to assist maintaining baseflow.     Luana Buckner, manager of the Medina County GD, felt “fairly comfortable with the numbers.”     On the other hand, Director Mary Ellen Summerlin of Headwater’s GCD took umbrage to data which left Kerr County carrying “the short end of the water stick.” Calling the DFC “totally unacceptable,” she said, “Pumping (of the aquifer) increases in every other county in the GMA, but decreases in Kerr County.”     Fieseler indicated the problem probably stemmed from “math issues” that needed revisiting – especially regarding Kerr County’s current total dwater demand.     “If it’s not a math issue, there must be some other kind of equity (in the numbers),” Summerlin replied. BCRAGD’s Jeffrey commented, “I can live with these numbers, but I guess I would like more details and more graphics to prove to other people what’s going on.”     Mason said GMA-9 groundwater conservation districts would eventually be provided with (a specific) amount of water to be permitted to achieve the Desired Future Conditions of the aquifers. Individual groundwater districts would set pumping limits. “The Texas Water Development Board cannot regulate pumping,” he said.     Less aquifer = more growth     Mason also said groundwater districts must factor into the DFC all previously exempt wells, such as domestic and livestock wells, as well as previously permitted commercial wells.     Feather Wilson, consulting geologist, questioned why the drawdown had been set at 33 feet. “If you can change the numbers (arbitrarily), why not start out with a smaller number?”     Fieseler replied, “That number allows us to meet current demand and provide for growth. You can’t ask people to pack up and move east of I-35.” Noting, “Each exempt well can (currently) pump up to 9 million gallons of water per year,” Fieseler added, “Right now it’s a free game out there. When MAGs are set, there will be a management process.”     He continued, “If we are reasonable in what we do, this can be a workable approach. (The drawdown) will likely be between 28 and 33 feet. I’d like to see the model work better. I agree we must set the amount conservatively. If not, there will be a land rush.”     Prior to adjourning, members decided to assign different acceptable values throughout the GMA for additional simulations. Counties located completely within GMA-9 would be assigned a 30-foot aquifer decline, while GMDs located partially within the GMA would have only a 15-foot decline. Districts managing the Edwards Aquifer would have zero decline.     In addition, TWDB exerts acquiesced to running a GAM using an overall drawdown of 15 feet, and to re-run the previous GAM correcting the current groundwater demand for the Kerr County Headwaters GCD.     After this new round of simulations is completed, another meeting for members of GMA-9 will be scheduled.

LH residents aim to fight 'draconian' utility increases By Steve Smith, president, Holiday Villages of Medina Lake HOA Special to the Courier Published April 17, 2008    Residents of two Bandera County homeowners associations recently went to Austin to fight a 42 percent hike in water rates, which went into effect last September.     On Tuesday, April 8, a contingent of property owners at Holiday Villages of Medina Lake and Lake Medina Shores joined almost 200 people in the Texas Capital to present their case against a draconian rate increase by Monarch Utilities. “These people traveled from across the state, many leaving their homes at 2 am to protest the increase,” noted Sam Horne, a resident of Holiday Village.     More than 3,000 people had petitioned personnel with the Texas Commission on Environmental Quality, objecting to the increase. In addition, property owners from the two Bandera County housing developments had already sent letters of protest to TCEQ regarding the oppressive increases. This set the stage for a hearing before a state administrative law judge.     During nearly two hours of testimony, more than 15 people raised concerns about the seeming injustice of the rate increase. A resident from East Texas said those on fixed incomes could turn off unneeded lights to reduce their electric bill and cut down on what they eat to reduce their food bill, but couldn’t do anything to reduce their fixed rate water and sewer bill. Ruling the issues raised by the protestors were “legitimate,” the judge set a trial date for March 2009.     The rate increase backlash began shortly after Monarch Utilities put the new water and sewer rates into affect on Sept. 4. In its application to TCEQ, Monarch officials stated the company had not increased rates since 2003. However, property owners called the 42 percent water rate increase and 51 percent water and sewer rate increase “greedy and unacceptable.” “We understand it costs more to do business, but jumping rates that high is not right,” said Nancy Alarcon, a resident of Holiday Villages who attended the hearing in Austin.     Echoing Alarcon, Bandera residents present at the hearing unanimously agreed that a rate increase was due, but that it should have been set at a reasonable level. “By September of 2009, our base rate for water and sewer will be 86 percent higher,” Alarcon noted.     The HOA of Holiday Villages and Lake Medina Shores have joined a coalition of almost 50 other homeowners’ associations across the state to fight the rate hike. Formed in 2003, Texans Against Monarch’s Excessive Rates (TAMER) has already gone to court against the utility company and won a reduced rate.     Bandera County landowners are now content to leave the issue in the hands of TAMER, anticipating that the coalition can negotiate a deal that the more than 26,000 Monarch customers in Texas find acceptable.

Kicking off Medina River cleanup & fund drive Special to the Courier Published April 10, 2008 John Bilderbach recently located heavy trash items – probably a trailer – that ended up down-river from Bandera a year ago. Same area, this year. Note the drop in river level over the past year. Photos by Robert Brischetto, coordinator for the Medina River Cleanup    Trustees with the Medina River Protection Fund are looking for vols and funds to assist with the annual river cleanup. This year’s fundraising drive will culminate in the eighth annual Medina River Cleanup – set for Saturday, May 3 – when Bandera residents join canoe groups coming from throughout Texas to clean 50 miles of the river within Bandera County.     The annual fundraising campaign will build an endowment fund – the interest of which will be used to protect in perpetuity the Bandera County portion of the Medina River. The Bandera Community Foundation oversees the advised fund, which has been designated for cleaning and preserving the Medina River. Contributions to the Bandera Community Foundation can be sent to the Medina River Protection Fund, PO Box 417, Lakehills 78063.     Last year, contributors to the fund included Bandera County Commissioners Court, Bandera Economic Development Corporation, Bandera County River Authority and Groundwater District, Bandera Business Association, Lake Medina Conservation Society and the Texas River Protection Association, as well as a number of other groups and individuals, according to Medina River Protection Fund Treasurer Don Sloan.     In preparation for the cleanup, a crew plans to paddle a portion of the 50 miles of river this week to locate large pieces of debris that will need to be removed by machinery. After an eight-month drought in South Texas, the crew will also determine what parts of the river are still navigable by boat.     This year’s goal will be to expand participation in the cleanup among local residents. Registration begins at 9 am, on Saturday, May 3, at the dam at Bandera City River Park. Bandera elected officials will be on hand to celebrate the protection and preservation of the Medina River.     All registrants will receive commemorative T-shirts. Participants will also be treated to a barbecue from 5 pm until 7 pm, at the conclusion of the cleanup with entertainment provided by the Mesquite Trio.     Free camping – which includes hot showers for all campers – will be available for registrants on Friday and Saturday, May 2 and 3, at Pioneer River Resorts, just off Highway 173 South.     For maps of the cleanup and to coordinate shuttle with heads of the 12 sections of the river, visit the website www.MedinaRiver.net, or call the Medina River Cleanup Coordinator Bob Brischetto at 830-612-3643.

Gilleland Creek Watershed Workshop set for Tuesday Published March 20, 2008    The Texas Watershed Steward Program will host a free workshop from 8 am to 4 pm, Tuesday, March 25, at the Lions Club building, 500 North Railroad Avenue, in Pflugerville.     The workshop, sponsored by the Texas State Soil and Water Conservation Board (TSSWCB) and the Texas AgriLife Extension Service, will provide information and training on watershed systems, water quality regulations and monitoring, methods to improve water quality and community-driven watershed protection and management initiatives.     Gilleland Creek, which has a 76 square mile watershed in Travis County, flows from its headwaters north of Pflugerville past Manor to its confluence with the Colorado River, east of Austin. High levels of bacteria impair this creek, preventing its being used for recreational purposes. High levels of bacteria can indicate fecal contamination and the presence of pathogenic organisms that can cause disease in humans and animals.     Last summer, the Texas Commission on Environmental Quality adopted a total maximum daily load (TMDL) for bacteria in Gilleland Creek. A TMDL is like a budget for the creek; it quantifies the maximum amount of bacteria in the creek, while still allowing the creek to meet water quality standards. The Lower Colorado River Authority is facilitating a group of stakeholders who are currently developing an implementation plan to improve the water quality in Gilleland Creek and achieve the TMDL environmental target.     “The Watershed Steward workshop on March 25 provides an excellent opportunity for people to become involved in the process and to help make decisions about how to cleanup the creek,” said Jennifer Peterson, AgriLife Extension program specialist.     Along with instruction and training, workshop participants will receive a copy of the Texas Watershed Steward Curriculum Handbook and a certificate of completion.     In addition, the program will provide a total of seven continuing education units in soil and water management for certified crop advisors and seven continuing education credits for certified teachers. It also offers three general continuing education units for Texas Department of Agriculture pesticide applicator license holders.     Participants can register online at http://tws.tamu.edu.     Additional information may be found at www.tsswcb.state.tx.us/managementprogram/txwsp, or by contacting Peterson at 979-862-8072 or jlpeterson@ag.tamu.edu or Pamela Casebolt with TSSWCB at 254-773-2250 ext. 247 or pcasebolt@tsswcb.state.tx.us.

Schreiner hosts final water symposium Published March 6, 2008    Schreiner University will host the fourth and final in this year’s series of symposia and forums about water use in Texas at 7 pm, Thursday, March 6, in the Floyd and Kathleen Cailloux Campus Activity Center on the Schreiner campus.     Tonight’s topic will be “Policy, Planning and Politics: Where Do We Go From Here?”     The series, a joint project of Kerrville’s Schreiner University, Texas Tech University at Fredericksburg and Texas Public Radio, alerts the public to water conservation and water use issues in the state.     The panel of experts includes Myron Hess, legal counsel and director of Texas water programs for the National Wildlife Federation’s Gulf States Natural Resource Center in Austin; Laura Marbury, senior water analyst for the Texas office of the Environmental Defense Land Water and Wildlife Program; and Robert Richard Puente, recently retired Texas state representative and State Senator Kip Averitt.     Hess holds a degree in wildlife and fisheries science from Texas A&M University and a law degree from The University of Texas.     For more than 20 years, his law practice has mainly been concentrated in the areas of water quality and availability, and endangered species in Texas. Hess has also worked as an environmental attorney for Texas Parks and Wildlife.     With the environmental defense organization, Marbury has worked on long-term groundwater protection and rural Texas water resources, including outreach and education in such areas as sustainable groundwater management and conservation. She also participates in the state’s regional water planning.     Maybury has a bachelor’s degree in geology from The University of Texas and a master’s degree in applied geography from Southwest Texas State University. She has been an agroforestry research associate for the Texas Center for Policy studies, served in The Peace Corps and as a hydrogeologist for Parsons Engineering.     Before resigning in February, Puente was a member of the Texas House of Representatives for more than 15 years. He chaired the House Natural Resources Committee and was a member of the Texas Water Advisory Council. Puente was instrumental in forming legislation to protect the Edwards Aquifer, as well as legislation implementing a comprehensive water plan for Texas.     As chairman of the powerful Senate Committee on Natural Resources, Averitt’s legislative experience and in-depth understanding of complex issues have repeatedly won the respect and recognition of his senate colleagues and the legislative leadership. He is one of only three senators who serve on the Texas Water Advisory Council. In November of 2003, Averitt was appointed to the Senate Select Committee on Water Policy. He is chairman of the Environmental Flows Advisory Group and co-chairman of the Joint Committee on Oversight of Edwards Aquifer.     This event is free and open to the public. In addition, all of the water forums are taped and aired on Texas Public Radio.     For more information, check www.schreiner.edu/water or contact Bob Hickerson or Dr. Tom Arsuffi at 325-446-2301, email bob.hickerson@ttu.edu or tom.arsuffi@ttu.edu; or Dr. Mike Looney at Schreiner University, 830-792-7371 or mlooney@schreiner.edu.

Citizen requests resignation of groundwater director by Judith Pannebaker BCC Staff Writer Published Oct. 18, 2007    Not content to plug a so-called "loophole" in a taxing entity's rules, a Bandera County citizen fired yet another salvo at the Bandera County River Authority and Groundwater District directors during their Thursday, Oct. 11, regular meeting.     Call for resignation     Reading from a prepared statement, Teresa Shaver requested the resignation of Director Jerry Sides, whom she alleged was "well-informed" of an intent to circumvent the five-acre provision in BCRAGD's Rule 15. The rule requires single household wells completed after Sept. 1, 2002, to be located on a tract a minimum of five acres.     Sides is also a local well driller, as well as a water board director.     Brouhaha's origins     The brouhaha began in April, when attorney Eino Zapata, on Shaver's behalf, filed an official complaint about purported illegal subdividing along Ratcliffe Road. The complaint claimed the subdivision occurring was less than the five acre minimum as required by the BCRAGD Rule 15.     According to documents presented to the water board, Russell E. Brown had allegedly subdivided parcels out of an original 20.898 acres into tracts of 3.86 and 2.7, each with well and septic.     After the complaint was filed, the water board looked into Shaver's charges. During the investigation, Brown apparently met on at least one occasion with Austin attorney Mary K. Sahs, who serves as counsel for the BCRAGD. However, as yet, no official sanctions have been imposed on Brown.     Agreement reached     During the BCRAGD meeting last week, Margo Begy, who, along with her husband, owns the 3.86-acre tract, informed the board an "agreement" had been reached with Brown and their attorney was drawing up appropriate documents. Begy said they would request a variance from the water board at their next regular meeting regarding the five-acre minimum for well installation. Brown, she indicated, would support the couple's request.     During an August 14 special meeting of the BCRAGD, Brown contended ­ and a deed subsequently verified ­ he had only sold half the well to the Begys. "I retain a half ownership of the well," Brown said. "Three people use that well." He added that, combined with the acreage he had retained from his original 20.898- acre parcel, the two tracts are well over the minimum five acres as required by Rule 15.     "Duped' into signing?     During a second special meeting later that month, Begy appeared before the groundwater directors. At that time, she admitted to agreeing to share water from the well on the couple's property since "Brown's plumbing was already connected" and the couple wanted to be "neighborly." Begy indicated she and her husband intended to seek a "legal remedy" to sever the water well agreement they had "unwittingly" signed.     According to Begy, they feel they were "duped" into the arrangement which allowed Brown to "circumvent the law and subdivide out an undersized lot."     She asserted, "We refuse to be a party to (Brown's) dealings and highly resent being used in this way. I doubt that a court of law will look kindly on a contract that was constructed to circumvent the law."     In addition, Begy felt sharing a well would devalue the couple's property, which includes an older rock house and 300 feet frontage on San Julian Creek. "We do not want our property encumbered and its value diminished by a shared water well. Russ Brown can drill his own well, as his property is nine acres. He can readily get a well permit," Begy said.     Follow the timeline     During last week's meeting, Shaver presented documentation to the board, which, she felt, substantiated her claim that their colleague, Sides, was fully aware he was installing a well on an undersized piece of property.     "The survey for the 3.86 acres is dated March 22, 2006," she said, adding, "In addition, the property was "flagged' along the property lines (after) being surveyed."     Shaver indicated the present owners of the 3.86 acre tract had presented a contract dated Feb. 5, 2007, to purchase the property from Brown.     The water well registration application is dated March 8, 2007, according to Shaver. In addition, she said, the property had been advertised in local newspaper real estate inserts as 3.86 acres.     "However, the most compelling evidence was the "for sale' sign posted conspicuously on the property for all to view, listing the total acreage as 3.86 acres," Shaver said. "The sign also had an "under contract' notice attached to it. To drill the well, Mr. Sides had to drive by this sign numerous times."     The Courier has obtained copies of the documents Shaver presented to the water board. Disciplinary demand Shaver also referred to another aspect of the incident, which, she indicated, had "troubled" her.     When she first questioned the possible circumvention of Rule 15, Sides had evidently informed her "in the presence of BCRAGD General Manager David Jeffrey and the (water district) secretary," that there was a "loophole" in Rule 15 ­ an opinion apparently echoed at that time by Jeffrey.     "It appeared very convenient for a well driller to believe there was a "loophole' in Rule 15, and even more convenient not to address any such "loophole' with the appropriate authorities," Shaver pointed out.     "We are asking the board of directors to consider taking disciplinary action against Mr. Sides, hold him accountable for his actions and take appropriate measures," she said. The prepared statement was signed by Shaver, Gary and Margo Begy and John and Lucy Bourdon, owners of the 3.86-acre tract.     If the board does not discuss taking disciplinary action against Sides, Shaver said the matter would be forwarded to the district attorney. "Our county water conservation district is a government (entity) and not a private business for members of the board to profit from," she concluded.     ­ and attorney's fees     In addition, Shaver requested reimbursement of $375 in attorney's fees from the BCRAGD, saying,     "It should not be necessary for a member of the public to hire a lawyer to compel the district to investigate a possible rule violation, or to address the rules when discrepancies have been observed and reported, and for not following its own rules concerning well drilling procedures."

Second water symposium set in Fredericksburg Published Oct. 18, 2007    "H20: The Science of Water Issues," the second in a series of Texas water symposia, will take place Thursday, Nov. 8, at 7 pm, in the Admiral Nimitz Ballroom in the National Museum of the Pacific War in Fredericksburg.     Speakers at the symposium, sponsored by Schreiner University, Texas Tech University at Fredericksburg and Texas Public Radio, will be Dr. Kirk Winemiller of the Section of Ecology and Evolutionary Biology, Department of Wildlife and Fisheries Sciences at Texas A&M; Dr. George Ward, research scientist and associate director of the Center for Research in Water Resources, University of Texas; Dr. Tom Arsuffi, director of the Llano River Field Station and Research, Texas Tech University Center at Junction; and Dr. Ken Rainwater, director of the Water Resource Center and professor of civil engineering at Texas Tech University.     Two 2008 spring symposia are also planned, including one on Jan. 24 at Texas Tech University Center at Junction on "Conservation: Taking Action for Your Children's Children." On March 6, the series returns to Schreiner University in Kerrville for the symposium, "Policy, Planning and Politics: Where Do We Go from Here?".     All of the forums will be taped and broadcast on Texas Public Radio eight days after each event. The series is free and open to the public.     For more information, visit the Texas Water Symposium Web site at www.schreiner.edu/water/index.htm, or contact Bob Hickerson, chief operating officer for Texas Tech University Division of Off-Campus Sites, at 830-990-2717, 806-742-6440 or by e-mail at bob.hickerson@ttu.edu.     For those unable to attend the symposia, the Texas Water Symposium Web site features a "Submit Your Question" e-mail function.

Texas Water Symposium scheduled for Kerrville Published Sept. 13, 2007    What’s more precious than gold in the Texas Hill Country? Water!     The Texas Water Symposium will present the first in a series of lectures and discussions centered around Central Texas’ population growth, distribution of the water supply that must support this growth and the entities responsible for its stewardship and complexities of decision-making.     The roundtable, “More Precious than Gold: the Ethical, Economic, Legal and Environmental Implications of Supplying 40 million People with Water by 2050,” begins at 7 pm, Thursday, Sept. 20 at Kerrville’s Schreiner University, 2100 Memorial Blvd.     Speakers include Joe Beal, general manager of the Lower Colorado River Authority; Bill West, general manager of the Guadalupe-Blanco River Authority; and Robert Potts, former general manager of the Edwards Aquifer Authority. Texas Tech University Professor Bill Jeffery will moderate the discussion. Deputy director of the Center for Water Law and Policy, Jeffery teaches courses in environmental and natural resources.     Created through the partnership of Schreiner University, Texas Tech University and Texas Public Radio, the 2007–2008 Texas Water Symposium offers a series of four free lectures and forums designed to “inform and engage Texas citizens,” said an organization spokesman.     “The population of Texas is expected to double in the next 50 years. There is a great need for a water-literate public to make informed decisions regarding this precious resource,” he continued.     The Texas Water Symposium series will provide perspectives from key stakeholders and illustrate the complexity and challenges in providing water for Texans in this century. Each event in the series draws on material discussed in the preceding one, but those unable to attend all of the sessions will still find them valuable.     Texas Public Radio will record and edit each program for subsequent Friday night broadcast over KSTX in San Antonio and KTXI in Ingram. In addition, TTU is studying the feasibility of producing a webcast to reach a larger audience.     For more information on the Texas Water Symposium, visit: www.hillcountryalliance.org.

Bandera County River Authority and Ground Water District meets Aug. 30 Published Aug. 30, 2007    The Bandera County River Authority and Ground Water District will meet Thursday, Aug. 30, beginning at 7 pm. Items on the agenda include: Drilling of a monitor well in the city limits. Appraisal district budget Proposed budget and tax rate (for the water district)

TCEQ public hearing called in Medina County Published Aug. 23, 2007    The Texas Commission on Environmental Quality (TCEQ) has scheduled a public meeting on the Hills of Castle Rock request for a permit to construct a sewer plant.     The meeting will be held at 7 pm, Tuesday, August 28, at the Dancing Bear Ranch Clubhouse, 21294 FM 1283, Mico.     As with all similar requests, serious concerns have been raised about the proposed wastewater treatment facility. The concerns include potential creek and aquifer pollution, odor abatement, emerging contaminants, water and plant quality standards, emergency safeguards against equipment malfunction, storm runoff, quantity of grey water to be dumped, disposal of solids, water treatment procedures and provisions for hundred-year flooding, among others.

Water rate hike sparks residents’ ire by David Arny BCC Staff Writer Published Aug. 23, 2007    Already plagued with water quality which one resident deemed "horrible," a scheduled rate increase of approximately 87 percent has residents in the Holiday Village and Medina Lake Shores subdivisions crying foul and circulating a petition in hopes of state intervention.     After Monarch Utilities was acquired by the Southwest Water Company (SWC) on May 4, the new provider of water and sewer services for neighborhoods in the Wharton's Dock area of Lake Medina mailed notices to its customers announcing the increase, effective Tuesday, Sept. 4.     According to Steve Smith, president of the Holiday Village Homeowners Association, customers presently pay $31.45 per month for water (including up to 2,000 gallons) and $37.50 for sewer, a total of $68.95 – in addition to $3.80 per 1,000 gallons over the maximum.     “The proposed monthly rates are $44.37 for water with no water usage included – they want $5.27 per 1,000 gallons used – and $49.39 for sewer for the first year,” said Smith. “That’s $93.76 the first year, a 36 percent jump, plus a fee for water used. The second year, charges would go to $61.69, for a total base rate of $106.06; a 54 percent increase over the current rate. In the third year, the sewer rate would climb to $73.78, giving a base rate of $118.15, or a 71 percent increase.”     Smith said if the 2,000 gallons residents are currently allowed to use without additional cost were included, the proposed rate would be $93.76, plus $10.54 for 2,000 gallons, or $104.30; a 51 percent increase over the current rate. The second year rate would be $106.06, plus $10.54 for 2,000 gallons, or $116.60; a 69 percent jump. The third year rate would be $118.15 plus $10.54 for 2,000 gallons, or $128.69; almost 87 percent over the current rate.     “Since a lot of the folks who live in this area are on fixed incomes, this would prove unbearable. Even those not on fixed incomes are not expecting to get an 87 percent pay raise over the next three years,” said Smith.     He maintains that rates charged by Monarch Utilities already exceed those charged by other nearby utility companies. “Even the San Antonio Water System (SAWS) doesn’t charge rates this high,” Smith said.     “Additionally, Monarch Utilities intends to charge new customers more. They are asking us to approve increasing their water tap fee from $300 to $550 and the sewer tap fee from $550 to $700.”     Smith said, “Those signing the petition are requesting that commissioners with the Texas Commission on Environmental Quality (TCEQ) set interim rates while scheduling a public hearing on this issue. The public meeting will give TCEQ an opportunity to allow utility customers in this area to tell them how they feel about these proposed increases.”     Garry Hofer, spokesman for Monarch Utilities Inc., acknowledged the group’s right to protest the upcoming rate increases. He also pointed out that his company had invested substantial amounts of money in the water and sewer systems of Holiday Villages and Medina Lake Shores. Since purchasing TECON, the former water utility for those communities, Hoffer said Monarch has added a new 50,000 gallon-per-day sewer treatment facility, drilled one new groundwater well, refurbished a pre-existing well and joined the two neighborhoods’ water supply lines together to improve overall service.     “Our day-to-day operating costs have also risen,” said Hofer. “Our pumping costs are up 57 percent, the prices of the chemicals we use have risen 103 percent and the cost of operating our sewer treatment facility is up 150 percent.” He added, “These expenses are necessary to provide our customers with water that meets or exceeds state and federal guidelines for quality.”

Water district takes ‘agreed upon’ action on violators by Judith Pannebaker BCC Staff Writer Published Aug. 16, 2007    Bandera County River Authority and Groundwater Directors called a special meeting on Tuesday, August 14, to discuss and take action on a trifecta of vexing problems.     The first was drilling a monitoring well within the Bandera City limits. After prolonged discussions, Director Louis Vannatter made a motion to seek bids for a 900-foot deep monitoring well with 4.5-inch casing to be drilled into the Lower Trinity Aquifer. His motion specified that the well would be paid for by the water district.     “We’ve been collecting taxes from these folks to monitor the quantity and quality of the groundwater. To not do this is a failure of the district,” he said. Vannatter’s motion, which was seconded by Director Richard Connors, failed on a 3-2-1 vote with Director Randy Roberts abstaining. The motion’s sticking point was Vannatter’s insistence the water district bear the complete cost for constructing the well, which could run as high as $33,000.     However, a second motion, which included soliciting information from the consulting firm, LBG-Guyton, about the optimum location for a monitoring well, as well as soliciting three bids for its construction using detailed design specifications, passed by a vote of 5-1 with Vannatter casting the lone “nay” vote.     Explaining his “nay” vote, Vannatter said, “I voted against extending this thing. I think next time we’ll just extend it again. I think (this board) just wants to talk about it and not do anything about it.”     Directors will meet before the end of August to discuss any bids received. Well costs must be included in the water district’s 2007-2008 budget. Representing the City of Bandera were City Administrator Gene Foerster and Councilmen John Hegemier and Horst Pallaske.     Directors then took up a formal complaint filed by a county resident with the BCRAGD alleging violations of Rule 15 of the local water code. The rule requires every household well drilled and completed after Sept. 1, 2002, to be on a tract that is a minimum of five acres, according to Mary K. Sahs, attorney for the water district.     On behalf of his client, Teresa Shaver, attorney Eino Zapata filed a complaint claiming Russell E. Brown had violated the rule by installing water wells and subdividing two tracts off Ratcliffe Ranch Road into parcels of 2.7 acres and 3.86 acres.     After claiming he didn’t know what he was being accused of, Brown offered groundwater directors an explanation of what transpired and the steps he had taken to rectify the situation.     During his narrative, he reiterated, “If I made a false statement, it was certainly inadvertent.”     Brown said the well currently on the 2.7-acre tract, which also includes a large historic house, smaller guest house and 300-feet fronting the San Julian Creek, was an old well that had been drilled “20, 30, 40” years ago. He said he did not drill the well and, furthermore, he only sold half the well to the purchasers of the 2.7 acres.     “I retain a half ownership of the well,” Brown said. “Three people use that well.” He added that, combined with the acreage he had retained from his original 20.898-acre parcel, the two tracts are well over the minimum five acres as required by Rule 15.     Regarding the well drilled on the 3.86-acre tract sold in the spring, Brown said Bandera County authorities, including Judge Richard Evans and County Engineer Ray Rendon, had assured him “he wasn’t doing anything wrong,” prior to issuing him a permit to install a septic system on the 3.86-acre tract.     However, after learning of the alleged violation, Brown said he had offered – “at his own expense” – the buyers of the 3.86 tract sufficient acreage to increase the tract size to just over five acres.     “I assumed what we were doing was all right or I wouldn’t have done it,” Brown told directors. He also informed them he had sold a third parcel from the original tract, which is also just over five acres.     In another matter, San Antonio Attorney Alvaro “Al” Briseńo spoke for Post Oak Developers, owners of the Latigo Ranch subdivision off Highway 46, who, it seems, were also in hot water with the water board.     At a July 12 meeting, groundwater directors authorized Sahs and General Manager David Jeffrey to initiate enforcement actions against Davenport Drilling and the developer of Latigo Ranch LP, Post Oak Development. Due to apparent well drilling irregularities discovered by water district inspectors at the subdivision, the water board planned to “pull” the well permits previously issued for several commercial wells planned on the property.     Briseńo told water directors Post Oak owners were unaware of the problems on the property until they “read about them in a local newspaper.” He added, “We immediately contacted Mr. Jeffrey and asked him what the mess was and how to fix it.”     Briseńo went on to say the owners had terminated their original well driller and hired a new one who had previously worked in the county. In addition, both questionable wells had been plugged, he said, and a new one drilled in the Lower Trinity Aquifer “with the district having the (required) paperwork. The wells must be done properly. We have fixed the problem and moved on.”     When queried by directors, Briseńo said the owners remain in the dark about the problems with the commercial wells because their appointed agents, the original well driller and engineer, had refused to acknowledge or rectify the problems or even return calls made by water district staff.     “However, we realize that as the landowners, we’re ultimately responsible,” Briseńo said.     After a protracted closed executive session on the matters of Brown and Post Oak Development, directors reconvening in opne session unanimously approved a motion “to direct David Jeffrey to consult with Mary Sahs and initiate enforcement of groundwater district rules as agreed upon in the executive session.” However, no further information was forthcoming as to the exact nature of the “agreed upon enforcement.”     Director Andy Lautzenheiser abstained from discussions and the vote on the Post Oak Development agenda item because his son-in-law is employed by the developer.

Water board takes action on violators by Judith Pannebaker BCC Staff Writer Published July 19, 2007    Bandera County River Authority and Groundwater District Directors tackled a trio of sticky agenda items, punctuated by somewhat emotional commentary. At the end of the evening, all three items will be back on the agenda for action at a special-called meeting to be scheduled within 30 days.     City monitor well     Drilling a monitoring well within the limits of the City of Bandera surfaced for the first time at a BCRAGD meeting.     By directors' own accounts, the water district has commissioned an extensive study of the Trinity Aquifer. In November 2006, LBG-Guyton recommended that a monitor well be installed in the city. Groundwater directors did not dispute the necessity, but instead bickered with city officials about funding for the project. General Manager David Jeffrey and President Jim Chastain suggested the project be funded jointly, while Bandera Mayor Denise Griffin, city council members and City Administrator Gene Foerster felt the water district should pick up the entire tab.     Water Director Richard Connors opined a monitoring well in the city would benefit research currently being done by the water district and would provide vital information on the Lower Trinity Aquifer.     After learning the water district must own and maintain any monitoring well within the city limits, Director Louis Vannatter agreed, saying, "It is our responsibility to monitor the Upper and Lower Trinity. Why wouldn't we put it in since it's our responsibility?"     Foerster said the city had received a verbal commitment which allowed the proposed well to be located in the northern corner of the Bandera Cemetery though a lease or easement agreement. However, it soon became clear one condition of a water district-funded monitoring well was outright ownership of the well and its property.     Public discontent     Pleading poverty, directors intimated installing and equipping the well in its entirety would put a financial "squeeze on the district the next fiscal year."     Despite establishment of 30 monitoring wells throughout Bandera County, two well drillers who sit on the BCRAGD board, Jerry Sides and Randy Roberts, were unable to give an estimate regarding the final cost of drilling and equipping a monitoring well.     Director Ron Solomon suggested after complete costs were determined, the matter be taken up again at the next regular BCRAGD meeting in October.     Solomon's motion was met with disdain by citizens attending the meeting.     Susan Burke noted, "It is imperative the city have a monitoring well. LBG-Guyton said it needs to be done. It's even on page seven of your own master plan."     "Nobody's arguing about the goodness of the thing, we're just arguing about the price," Connors said.     Referencing the amount of taxes paid to BCRAGD by city residents – $91,673 since 2001 – Bandera Councilman Horst Palleske said, "The city deserves consideration. We're having financial problems. From what your auditor just said, you look like gold. Maybe I should come and be on your board."     In a fit of pique, Rilla Stephens took directors to task, addressing what she felt was the cavalier attitude of some. "You're good men, but this is not a laughing matter. Stop tabling this and get on it. It's not going to hurt the board to do this. Shame on you for laughing at us and shame on you if you don't do this."     At the end of the public scolding, Vannatter recommended amending Solomon's motion to include the board convening a special meeting in 30 days with estimates for installing and equipping a monitor well in the city. The board unanimously approved the amended motion.     $$$ in bank     After the meeting, some citizens took exception to the water board's pleas of poverty regarding funding the proposed monitoring well.     In the BCRAGD budget for fiscal year 2006-2007, the district has approximately $166,208 in unencumbered funds in three CDs at Bandera Bank. It would appear money accrued in any of these CDs could be used to fund a monitoring well. According to information obtained from the Bandera Bank, the penalty for withdrawing funds from a CD prior to maturation is one month's interest on the amount withdrawn.     "Loophole" plugged     In other business, after convening a closed executive session, directors turned their attention to violations of Rule 15 of the local water code.     The rule requires every household well drilled and completed after Sept. 1, 2002, to be on a tract that is a minimum of five acres, according to Mary K. Sahs, attorney for the water district.     On behalf of his client, Teresa Shaver, attorney Eino Zapata filed a formal complaint claiming Russell E. Brown had violated the rule by installing water wells and subdividing two tracts off Ratcliffe Ranch Road into parcels of 2.7 acres and 3.86 acres. Although both parcels are considerably smaller than the five-acre minimum, they both contain domestic water wells.     In an April 30 letter to Zapata, Sahs stated, "Upon receipt of such a complaint, the District will investigate and if they find that Rule 15 has been violated, they have the authority to initiate the appropriate enforcement actions." In a letter to the BCRAGD directors dated May 29, Zapata formally requested an investigation, as well as appropriate enforcement measures.     Make punishment fit crime     After returning to open session, the board approved Sahs and Jeffrey taking action against Brown for knowingly violating Rule 15. The board will also "send letters to the affected parties and make a public statement."     In an interview, one of the "affected parties," Margo Begy, who owns the controversial 2.7 acres, expressed a desire that the punishment meted out by the board be commensurate with the violation.     "Fining Brown just $500 will not deter anyone from engaging in these illegal acts in the future," she said. "The $500 will just be tacked onto the selling price of the property and developers will be lining up to violate Rule 15 to make more money."     As a driller of one of the controversial wells, Director Jerry Sides recused himself from discussions and the final vote.     Another hand slapped     In a related matter, the water board also authorized Sahs and Jeffrey to initiate enforcement actions against Davenport Drilling and the developer of Latigo Ranch. The water board plans to "pull permits" due to apparent well drilling irregularities discovered by water district inspectors at the subdivision. In addition, the board asked Sahs to work up a series of sample fines to impose on violators of the local water code.     In this agenda item, Roberts and Director Andy Lautzenheiser abstained from voting due to conflict of interest.     "(Directors) are dropping like flies," observed one wag.     In a telephone interview, Lautzenheiser revealed he had abstained from voting because his son-in-law is employed by Post Oak Development.     "I don't think it would have been ethical of me to deliberate on this agenda item," he said. Coincidentally, during the June 28 regular meeting, Bandera County Commissioners had approved the final plat for the subdivision.     Craig Glendenning, president of Post Oak Development of Texas, Inc., submitted the final plat for first phase of Latigo Ranch, consisting of 58 lots.     At build-out, the five-phased subdivision will cover 573 acres and include 2.3 miles of private roads and 382 lots. The development is located in Precinct 1 off Highway 46 toward Boerne.

Water district to tackle two controversial issues by Judith Pannebaker BCC Staff Writer Published July 12, 2007    Two hot button issues will be discussed during the quarterly directors’ meeting of the Bandera County River Authority and Groundwater District, set for 7 pm, Thursday, July 12, at 202 Twelfth Street in the Old County Jail – alleged violations of Rule 15 and drilling a monitor well for the City of Bandera.     A formal complaint has been filed with the BCRAGD about apparent violations of Rule 15 of the local water code. The rule requires every household well drilled and completed after Sept. 1, 2002, to be on a tract that is a minimum of five acres, according to Mary K. Sahs, attorney for the water district.     On behalf of his client, Teresa Shaver, attorney Eino Zapata filed a complaint claiming Russell E. Brown had violated the rule by installing water wells and subdividing two tracts off Ratcliffe Ranch Road into parcels of 2.7 acres and 3.86 acres. Both parcels are considerably smaller than the five-acre minimum, but both allegedly contain domestic water wells.     In Sahs’ April 30 letter to Zapata, she stated, “Upon receipt of such a complaint, the District will investigate and if they find that Rule 15 has been violated, they have the authority to initiate the appropriate enforcement actions.” In a letter to the BCRAGD directors dated May 29, Zapata formally requested an investigation, as well as appropriate enforcement measures. The matter will be discussed at tonight’s meeting.     Additionally, during a recent city council meeting, an apparent impasse was reached regarding funding of a monitoring well within the City of Bandera.     BCRAGD General Manager David Jeffrey and President Jim Chastain felt the city should kick in half the cost. On the other hand, Mayor Denise Griffin and her colleagues opined in light of all taxes paid to the water district by city residents, the district should foot the bill single-handedly.     According to statistics, since 1998, city residents have paid $114,278 in taxes to the water district, and, based on the current tax rate, the city has paid $60,000 to the district since 2001.     Installing a monitor well would cost from $15,000 to $25,000, Jeffrey estimated, adding, “… depending on the design and who bids.”     In response to Griffin’s query as to what quid pro quo the city receives from the underground water district for taxes paid, Jeffrey said the district has commissioned a $100,000 study to construct a (computer) model of the Trinity Aquifer “to see where we’re at and where we’re going.” He indicated to city council the study would not be completed for at least two more years.     However, as Councilman John Hegemier pointed out, in fall 2006, a portion of the study had already indicated that the city needs monitoring wells.     In a later interview, Jeffrey confirmed a monitor well in Lakehills had been drilled and installed free of charge by BCRAGD Director Randy Roberts, owner of Pipe Creek Water Well. However, Jeffrey could not recall when the monitoring well had been approved by the water board or installed by Roberts.     The ongoing issue of a monitor well for the City of Bandera will also be discussed during tonight’s water board meeting.

Will water district investigate complaint? by Judith Pannebaker BCC Staff Writer Published June 7, 2007    A county resident has filed a formal complaint with the Bandera County River Authority and Groundwater District after learning a 2002 rule designed to require tract sizes of five acres or more for a domestic water well is apparently being circumvented.     Rule 15 of the Local Water Code states a tract of land not located in a subdivision must contain at least five acres before the board would authorize drilling a domestic well. However, according to Attorney Eino Zapata, apparent violations of this rule has prompted his client, Teresa Shaver, to file a complaint with the water board, requesting an investigation and appropriate enforcement.     According to the complaint, on June 23, 2006, Russell E. Brown, a resident of Ratcliffe Ranch Road, sold a 2.7 acre tract, carved out of a larger 20.898-acre tract. An existing water well was located in the 2.7 acres. Neither tract is contained within a subdivision platted before Sept. 1, 2002, or within an incorporated area, Zapata noted.     On April 3 of this year, Brown allegedly drilled a well on 3.86-acre tract, also carved out of the original 20.898-acre tract. He then sold the 3.86-acre tract, Zapata wrote in the complaint.     "The drilling of a well on the 3.86 acre tract appears to be a direct violation of Rule 15.1 and selling the 2.7 acre tract, so that a tract size of (five) acres or less now has a registered water well supplying a single household, may also be a violation of Rule 15," he wrote.     In an April 13 letter to all water board directors, Zapata explained the method he believed was being used to outwit the district's attempt to limit wells on small tracts. He wrote, "(Rule 15) has been, or can be, circumvented by drilling a well on acreage in excess of five acres, subdividing the tract, leaving the well on acreage with less than five acres and applying for a permit on the remaining acreage, which contains in excess of five acres."     In addition, Zapata asked directors their opinions about the legality of attempts to circumvent Rule 15. "If your interpretation is that (the practice) is illegal, can you revoke well registrations or permits issued?"     In an interview on May 24, BCRAGD General Manager David Jeffrey acknowledged the problem, saying "When people bring plats to us for well drilling permits, we only see the entire 20- or 40-acre plat. We have no way of knowing whether the tract had been subdivided further. It's a problem. The only way we know when something like this occurs is when someone brings in to our attention." He added this type of subdivision may have occurred along Ratcliffe Ranch Road and off Highway 173, as well as in other areas of the county.     Whereas Jeffrey described Rule 15 as containing a "loophole," BCRAGD Attorney Mary K. Sahs of Sahs & Associates, PC of Austin took an opposite stance. In an interview, she stated unequivocally, the rule did not contain a "loophole."     Responding to Zapata's letter to water board directors, Sahs wrote, "Rule 15 requires every single-household well drilled and completed after September 1, 2002, be located on a tract of at least (five) acres."     She went on to say any landowner who registered the initial well then later subdivided the property, causing the initial well to be on a tract smaller than five acres, has "violated Rule 15 and is subject to enforcement by the district. Such enforcement could include assessment of a penalty against that individual."     In addition, Sahs continued, whoever owns the tract when the district "becomes aware of this situation" could also be in violation of Rule 15 and would be required to apply for and obtain an operating-production permit from the district. According to Sahs, "Issuance of such a permit is not assured."     She advised Zapata, "If your client is aware of (a violation of Rule 15), they may lodge a formal complaint with the district. If Rule 15 has been violated, the board of directors has authority to initiate the appropriate enforcement actions."     Telephone inquiries to Jeffrey and an email to Sahs about investigation of Shaver's complaint to the BCRAGD went unanswered.     Commonly recognized legal doctrine, ultra vires, maintains if elected officials knowingly violate the law (in this case, BCRAGD's own Rule 15), they subject themselves to personal liability.

Water district fooled by sneaky subdividers? Water board given greenlight to address illegal ‘straws in aquifer' by Judith Pannebaker BCC Staff Writer Published May 24, 2007    Water – or the lack of it – continues to define the challenges facing the Hill Country. In 2002, the Bandera County River Authority and Groundwater District Directors took steps to forestall having multiple straws in the Trinity Aquifer. They adopted a rule stating a tract of land not located in a subdivision must contain at least five acres before the board would authorize drilling a domestic well. A sigh of relief was heard throughout the county.     Now, however, allegations have been made that area landowners have somehow circumvented this seemingly inviolable water district rule.     According to a local attorney, his concerned client and even David Jeffrey, BCRAGD general manager, Rule 15 may contain a "loophole."     As stated in Rule 15, "After Sept. 1, 2002, division of land by metes and bounds must have tract sizes of five acres or larger for a registered water well supplying a single household. The board may grant exemptions after reviewing all data deemed necessary. Subdivisions and tracts of land platted before this date are exempt from this requirement. Jurisdictions within incorporated areas are exempt from this rule."     On April 13, local attorney Eino Zapata sent letters to all water board directors, outlining his client's concerns.     He wrote, "This rule has been, or can be, circumvented, by drilling a well on acreage in excess of five acres, subdividing the tract, leaving the well on acreage with less than five acres and applying for a permit on the remaining acreage, which contains in excess of five acres."     Specifically, Zapata queried directors their opinions about the legality of attempts to circumvent Rule 15 in the described manner. He also asked, "If your interpretation is that (the practice) is illegal, can you revoke well registrations or permits issued?"     In an Thursday, May 24, interview, Jeffrey tacitly acknowledged the problem, especially when property is subdivided off a private road.     "When people bring plats to us for well drilling permits, we only see the entire 20- or 40-acre plat. We have no way of knowing whether the tract had been subdivided further. It's a problem. The only way we know when something like this occurs is when someone brings in to our attention," he said. Jeffrey added this type of subdivision may have occurred along Ratcliffe Ranch Road and off Highway 173, as well as in other areas throughout the county.     In a letter dated May 17, BCRAGD Attorney Mary K. Sahs of Sahs & Associates, PC of Austin responded to Zapata's assertion.     "Rule 15 requires every single household well drilled and completed after Sept. 1, 2002, be located on a tract of at least (five) acres. Because single household wells are generally not required to obtain an operating-production permit allowing the district to restrict production from the well, the district adopted this rule to address groundwater availability by imposing minimum tract sizes," she wrote.     Sahs went on to say any landowner who registered the initial well then later subdivided the property causing the initial well to be on a tract smaller than five acres has "violated Rule 15 and is subject to enforcement by the district. Such enforcement could include assessment of a penalty against that individual."     In addition, Sahs continued, whoever owns the tract when the district "becomes aware of this situation" could also be in violation of Rule 15 and would be required to apply for and obtain an operating-production permit from the district. According to Sahs, "issuance of such a permit is not assured."     She advised Zapata, "If your client is aware of such a situation (that violates Rule 15), they may lodge a formal complaint with the district. If Rule 15 has been violated, the board of directors has authority to initiate the appropriate enforcement actions."     In an interview, Sahs stated unequivocally, Rule 15 contains no "loophole." It is enforceable as written.

Water district meets May 17 Published May 17, 2007    The Bandera County River Authority and Groundwater District will hold a special meeting Thursday, May 17, beginning at 2 p.m., at the old jail building to canvass the results of the May 12 election, administer the oaths of office and election officers of the board.

Medina River Cleanup Saturday Published May 3, 2007 Michael Van Winkle of Kerville found the remains of a deck down river from the town of Medina during the 2006 Medina River Cleanup.    Volunteers by boat and by land are expected to participate in the Seventh Annual Medina River Cleanup May 5. Rain or drought, the Medina River Cleanup will be held without fail on that day. Last year amid hailstorm warnings some 100 people age 5 to 78 from 18 cities and towns in Texas came to clean up the river. Registration will be from 9-12 am at the Bandera City Park at the dam.     In the photo, Michael Van Winkle of Kerville finds the remains of a deck down-river from the town of Medina while checking the Medina River ahead of Saturday's cleanup. The Medina River Cleanup is slated for May 5. Registration for all participants is 9-12 a.m. at the Bandera City Park near the dam. The cleanup finishes with a free barbecue 5-7 p.m. with prizes for "outrageous trash" at 6 p.m. For more details, visit www.MedinaRiver.net or call Bob Brischetto (830-612-3643).

Details unveiled for May 5 Medina River Cleanup Published April 26, 2007 Medina River Cleanup Coordinator Bob Brischetto uncovered a car in the river near Chenault Lane. John Bilderbach locates a dumpster stuck in the riverbank one mile down river from Privilege Creek, next to new Bridlegate subdivision development this spring.    The seventh annual Medina River Cleanup is slated for Saturday, May 5. Canoe groups from throughout Texas will join members of the Bandera County community to clean up a 50-mile stretch of the river beginning 15 miles upstream of Medina to Medina Lake.     Landowners along the river who have identified large pieces of trash should contact coordinator, Bob Brischetto at 830-612-3643 or Brischetto@wireweb.net prior to May 5 for removal. Volunteers with pickup trucks, tractors and trailers are especially needed to assist removing bulk debris.     Registration for cleanup participants, whether by foot or waterway, will be 9 am to noon Saturday, May 5, at the Bandera City Park. Groups may sponsor cleanup of a special section of the river.     In addition, free camping will be provided at City Park and at the Pioneer River Resorts on May 4 and May 5. All cleanup participants will receive a T-shirt and a complementary barbecue meal from 5 pm to 7 pm on Saturday at City River Park.     Volunteers with canoes who would like to participate in the cleanup should contact the head of one of 12 designated sections of the river     • Section 1 – Third river crossing of FM 2107, above town of Medina, to Freeman Crossing at Highway 16. Allan Hickner, 979-297-2537; cell, 979-480-3189; or afhickner@houston.rr.com.     • Section 2 – Freeman Crossing to Benton Creek Crossing. Wayne Hinkley 830-535-4454 or wayne.hinkley@boerne-isd.net.     • Section 3 – Benton Creek Crossing to Patterson Avenue Bridge in Medina. John Hegemier, 830-796-4213; cell, 830-688-1990; or director@banderalibrary.org.     • Section 4 – Patterson Avenue Bridge in Medina to low water bridge at Chenault Road. Michael Van Winkle, 830-995-2558; cell, 830-739-5425; or mikrvanwinkle@hotmail.com.     • Section 5 – Low water bridge on Chenault Road to Bandina Camp Crossing. Ben Nolan, 830-589-2538 or bennolen@hctc.net.     • Section 6 – Bandina Camp Crossing to Peaceful Valley Road Crossing. Susan Eda, 713-465-8711; cell, 713-203-2452; or susaneda@mac.com.     • Section 7 – Peaceful Valley Road Crossing to Ranger Crossing Park. Rudy Rivers, 281-495-9742 or rudyrivers@sbcglobal.net.     • Section 8 – Ranger Crossing to Bandera City River Park. Gary Tupa, 210-317-7972 or gltupa@yahoo.com.     • Section 9 – Bandera City River Park to San Julian Creek. Jack Borns, 281-485-2905; cell, 281-782-2936; or jackborns@yahoo.com.     • Section 10 – San Julian Creek to Bandera River Ranch. John Bilderbach, 830-796-3665; work, 830-257-2323; or thinkjoy@sbcglobal.net.     • Section 11 – Bandera River Ranch to English Crossing. John Bisset, 830-535-6570 or johnbisset@msn.com.     • Section 12 – English Crossing to Pop's Place. Still open. To volunteer, contact Brischetto, 210-413-7264 or brischetto@wireweb.net.     Volunteers working banks and crossings should be at the park between 9 am and 2 pm for assignments from Tom Reedy, 210-326-4765 or jandtr@2fastmail.com.     The Medina River Protection Fund was established with the Bandera Community Foundation to clean and protect the river in perpetuity. The goal is to raise an endowment of $35,000 with interest being used for an annual cleanup activities.     To contribute to the fund or volunteer for the cleanup, visit the Web site, www.medinariver.net, or call Brischetto at 830-612-3643.

Look what you find in the river by Judith Pannebaker BCC Staff Writer Published April 19, 2007    From its headwaters in northwest portion of the county to its terminus at Medina Lake, the Median River reigns as one of Bandera County's economic and recreational crown jewels.     Each year, however, life's flotsam and jetsam clutters ands the waterway. In response, the Lake Medina Conservation Society (LAMCOS) sponsors a cleanup along the river's 50-mile meandering route. The seventh annual Medina River Cleanup begins Saturday, May 5.     This year, however, spokesman Bob Brischetto has challenged both residents and governmental agencies to assume a more active role in the activities. "Each year more than 175 people from about 25 to 45 towns all over Texas participate in the cleanup," he recently told both Boerne City Council and Bandera County Commissioners. "Although traditionally the event has attracted members of canoe clubs from across the state, this year we'd like to see more community participation."     Brischetto continued, "I want the Bandera community to take ownership of this event and see it as their project." He also asked commissioners and city councilmen to support the project and "set the standards as leaders of the community."     Brischetto added, "We're concerned about the effects new development (in the area) will have on the river. We don't want to have to backtrack." Portions of at least two new subdivisions, Bridlegate and Cielo Rio, boast home sites along the Medina River.     Concerned citizens have created the Medina River Protection Fund, a non-profit component of the Bandera Community Foundation. "The ultimate goal is to provide a perpetual endowment (of $35,000) to clean and protect the Medina River within Bandera County," Brischetto said. "Interest accrued from the endowment will ensure this community-wide service continues every year. This year we hope to raise $15,000 through sponsorship and donations to the endowment fund after expenses are paid." The annual river cleanup costs $1,500.     In response to a funding funding request, by a vote of 4-1, commissioners court approved a donation of $500 from the Lakehills Sanitary Landfill budget as suggested by Precinct 2 Commissioner Bobby Haris and County Auditor Christina Combs. Harris also serves as president of LAMCOS. A restaurant owner in Lakehills, he also underwrites the annual barbecue as a thank you for cleanup participants.     Fearing a precedent would be set regrding future requests for monetary donations, Precinct 1 Commissioner H. Bruce Eliker voted against the $500 allocation.     A $500 tax-deductible contribution lists organizations as event sponsors, Brischetto said, adding that Bridlegate and Cielo Rio have also signed on as sponsors. In addition, commissioners also waived fees for dumping trash fished from the river in county landfills.     Making a plea for local sponsorships and private donations to the Medina River Cleanup, Brischetto said checks could be made payable to BCF with "Medina River Protection Fund" in the memo line and mailed to The Medina River Protection Fund, PO Box 417 Lakehills, Texas 78063. For more information on cleanup activities, contact brischetto@wireweb.net.     Registration is from 9 am to noon in Bandera City Park at the dam, with the complementary barbecue scheduled from 5 pm to 7 pm. Participants will receive free T-shirts and awards will be given for the most outrageous pieces of trash garnered during the day.     "Please help us protect the Medina River," Brischetto urged.

Photos from previous Medina River Cleanups