Courts and Regulators thwart water planning

Texas is the only Western state to continue to uphold Rule of Capture, regarding groundwater as a property right – for now, at least, until somebody gets hurt or a region goes dry. Chief Justice Nathan Hecht said the court wouldn’t let that happen, but the ruling passed down this week essentially thwarts any statewide planning to conserve water.

Texas Supreme Court ruling on groundwater a victory for property owners
Posted Friday, Feb. 24, 2012 13 Comments Print Reprints
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Topics: State Supreme Courts, Texas Judicial System, Texas Supreme Court, Texas, Texas Cities

Tags: Lone Star Chapter, landmark cases, San Antonio

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By Bill Hanna

billhanna@star-telegram.com

In a landmark ruling that could affect the use and control of groundwater in Texas, the state Supreme Court ruled Friday that property owners have a vested interest in the water under their land.

The case, Edwards Aquifer Authority vs. Day, challenged the San Antonio-area aquifer authority’s right to issue an irrigation permit that limited how much water two farmers could use on their property.

Landowner groups such as the Texas and Southwestern Cattle Raisers Association hailed the ruling, saying it means property owners now know that they will have a reliable source of water.

“We think this is a clear-cut victory for property owners,” said Joe Parker, president of the Texas and Southwestern Cattle Raisers Association. “This gives us a clear direction both now and in the future.”

But environmental groups such as the Sierra Club criticized the decision and said it could undermine the state’s system of groundwater districts and lead to more litigation.

“The state Supreme Court has reached an unwarranted legal determination in saying that a landowner owns the groundwater in place beneath his or her property rather than holding that a landowner has only the right to capture that groundwater subject to other important public policy purposes,” said Ken Kramer, president of the Lone Star Chapter of the Sierra Club.

“The court has done a huge disservice to everyone who has been working for proper management of the groundwater resources needed for our state’s people and our environment,” Kramer added.

Tom Mason of the Austin law firm Graves, Dougherty, Hearon & Moody said the ruling is likely to lead to more litigation.

“Landowners with wells may be encouraged by this and want to challenge groundwater district regulations, particularly in the Edwards Aquifer Authority,” he said. And as the courts consider the implications of the ruling, groundwater districts “may be a little less inclined to regulate as vigorously as before,” Mason said.

The case dates to 1996 when two farmers, Burrell Day, who has died, and Joel McDaniel sought a permit to pump from the Edwards Aquifer to grow crops south of San Antonio.

But the two farmers could not show “historical use,” which is how permits are issued. Instead of granting them the 700 acre-feet of water, the permit gave them rights to 14 acre-feet.

The farmers argued that the water authority deprived them of their property without compensation.

The court ruled that employing historical use as standard for issuing permits deviates from the rules of the Texas Water Code.

“The Court reasons that groundwater in place is owned by the landowner on the basis of oil and gas law,” says the opinion, written by Justice Nathan Hecht.

The case has been closely watched in Central Texas, especially in San Antonio, where groundwater is the primary water source. But it could also affect areas including Parker, Wise and Johnson counties, where many homeowners rely on groundwater.

The cattle raisers say they still support groundwater districts and don’t believe that this ruling will change how groundwater is managed.

“All along, the Texas and Southwestern Cattle Raisers have said groundwater districts play a very important role managing the state’s groundwater,” said Parker, the group’s president, who lives in Byers near Wichita Falls.

“We believe in local control and that the local water conservation district should be making those decisions and not somebody at the state, or heaven forbid, the federal level,” Parker said.

But the Sierra Club’s Kramer said the Edwards Aquifer Authority came into existence because of a Sierra Club lawsuit, and he did not rule out a federal legal challenge, especially if the ruling prevents limits on groundwater use.
This report includes material from The Texas Tribune.
Bill Hanna, 817-390-7698

Read more here: http://www.star-telegram.com/2012/02/24/3761508/texas-supreme-court-ruling-on.html#storylink=cpy

and in my little corner of the world, the Texas Water Development Board is OK with drawing down groundwater from the Trinity Aquifer another 30 ft, which will effectively cause Jacob’s Well to run dry (which it never had done until 2000) and leave Blue Hole, the recently opened city-county natural swimming park, high and dry, thus ruining Wimberley’s two greatest natural assets.

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Pleasures of the High Rhine: A Texas Singer in Exile book review

Richard Dobson is a Texas singer-songwriter from Tyler and former roughneck who gamboled around Galveston and Houston, then Austin and Nashville, before spending the past 13 years living in Switzerland and playing all over Europe. That’s the shorthand. The long version is this fine piece of contemporary literature, Pleasures of the High Rhine – A Texas Singer in Exile.

I’ve known Richard since the 1970s when he was hanging around Austin and sometimes touring as part of Townes Van Zandt’s band, as told in his previous book Gulf Coast Boys, and have stayed in touch over the years by reading his eloquent observations in his occasional Don Ricardo’s Life and Times newsletter.

He’s enjoyed nominal success, his songs having been covered by Guy Clark, Nanci Griffith, Kelly Willis, Carlene Carter and Dave Edmunds, and the Carter Family, among others. As solid as his tunes are, it’s Dobson’s literary writing that grabs me.

Pleasures of the High Rhine was written at a critical time in Dobson’s life: his friends Townes and the writer Roxy Gordon have died fairly young, leaving him to contemplate their lives and demise. A red-haired Swiss woman has left her family and joined him in Galveston for a year before returning to Switzerland as a couple. A new millennium has begun.

Pleasures of the High Rhine covers songwriting, collaborating, performing and recording with a German band led by Thomm Jutz (now a Nashville cat), the strangeness of playing venues that ostensibly showcase American country music, and observations thereof, a critical skill for any songwriter.

But it’s also about living as an expatriate in a foreign country, redefining what home is, learning to speak German, being welcomed into a new family, living on the Swiss-German border, food, drink, his relationship with Edith, trips back to Houston and Nashville, gardening (including growing his own marijuana in a society that doesn’t much care one way or another) aging, and, water.

The latter is where Dobson really sings. He opens with a passage about fishing in the Gulf off of Galveston, down to describing the second and third sandbars offshore and the joys of “green water” fishing in the fall when the Gulf clarifies briefly into Caribbean-like beauty. Finding beauty in its harsh roughness, he writes the Texas Gulf like no one I’ve read before.

He soon finds himself on the Rhine River and delves into it with similar zeal and a newfound curiosity.

His pursuit of a fishing license – no easy thing in Switzerland, requiring an extensive 140 question test in Deutsch – a steep learning curve how to fish the Rhein, especially for elusive trout, and his summer swims in the river lead to deep history of the river and its inhabitants, including not so pleasant events such as Kristalnacht when synagogues were burned and Jews persecuted, and the historic fouling and restoration of the waterway.

He gets it.

Contemporary global events such as the election of George W. Bush and 9-11 are seen from a distance that lends perspective, written by a kindred spirit.

The finest singer-songwriters possess the gift where their words often transcend the music. In Pleasures of the High Rhine, Richard Dobson’s words simply sing.

Available through mytexasmusic.com

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Snake Farm’s Charms Still Casting Spells

from the Friday, July 15 southwestern edition of the New York Times via the Texas Tribune

 

Tomorrow is World Snake Day, meaning a large number of vehicles will be veering off of southbound Interstate 35 at Exit 182, between New Braunfels and San Antonio, to pay their respects at the Snake Farm.

Before there was Sea World or Six Flags Fiesta Texas, there was the Snake Farm. Since 1967, when the main highway out front was still Route 81, parents of a certain age have viewed the Snake Farm as the only truly irresistible roadside attraction on the iconic car trip to the Alamo. Inner Space Cavern, Aquarena Springs (which featured Ralph the Swimming Pig), Wonder World Cave and the Natural Bridge Caverns could all be ignored. But if there was a herp freak in the back seat, you had no choice but to pull over at the Snake Farm.

Those carloads add up — and it’s not just families. Even after four-plus decades, the Snake Farm manages to attract 400,000 visitors of all ages annually. At $9.95 per person ($6.95 for children 2 to 12), it’s a tidy little business.

In the late 1970s, the iconic New York punk rockers The Ramones stumbled upon the Snake Farm while on tour between Austin and San Antonio. The band subsequently began to wear Snake Farm T-shirts as part of their stage and offstage personae. Snake Farm shirts, replicas of those worn by the late Dee Dee Ramone, have been available online for $49.95.

Five years ago, Ray Wylie Hubbard (the singer-songwriter who performs on the other side of New Braunfels tonight at Gruene Hall) paid homage with “Snake Farm,” a song about a guy in love with a stripper who works the counter at, yes, the Snake Farm. The engaging sing-along refrain: “Snake Farm, sure sounds nasty. Snake Farm, pretty much is. Ewwwwwww.”

A persistent legend among many young Texas males is that if you asked for change for a 20 at the Snake Farm, your double sawbuck would be kept and you’d be directed to one of the trailers out back, where a lady of the night would be waiting, in the tradition of the Chicken Ranch in La Grange.

The reality is snakes, and lots of ’em. More than 200 species are on display inside a no-frills cinder-block building. Stickers on some vivariums identify the Snake Farm’s Top 10 Most Venomous Snakes. The No. 9 King Cobra and No. 2 Black Mamba appear far more threatening than No. 1, the Inland Taipan, a small, rust-colored snake.

In addition to snakes, there’s a petting zoo, outdoor cages with lemurs, hyenas, parrots, monkeys, kinkajous and peacocks, and a pond filled with crocodiles and alligators. This explains the official name, Animal World and Snake Farm, even though the souvenirs all say Snake Farm Exotic Animal Park.

For the past eight years, the staff, led by Jarrod Forthman, the director of outreach, has overseen daily animal encounters at noon and 3 p.m., offering lizard talks and bringing out a huge python for photo ops. The big ’un is the Sunday 3 p.m. Croc Feed, in which the resident family of crocodilians have their once-a-week meal of raw chicken parts.

Mr. Forthman, 30, describes the weekly feeding as the most dangerous show in the country. “I have some job security, if you know what I mean,” he said with a sly grin. Mr. Forthman added that the farm was not regulated like most zoos. “So we’re able to do things normal zoos cannot,” he said. “You can get up close and personal.”

You can also get bitten. Mr. Forthman, who has been featured on the Discovery Channel’s “Dirty Jobs,” has 100 stitches in his right hand from one croc bite and is missing half a thumb from another.

With the recent purchase of 45 acres behind the present three-acre footprint, Mr. Forthman envisions more snakes, more animals and a drive-through safari. But it’s the old-fashioned cheesy aura and staff members’ willingness to risk digits and limbs in the name of putting on a good show that will keep drawing the crowds.

“I get no greater thrill than having to handle some of the deadliest snakes,” Mr. Forthman said. “Call me crazy, but I’m doing what I love.”

Joe Nick Patoski is a regular contributor to these pages.

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Bid to honor Western swing music hits sour note in Texas Legislature

from the April 18, 2011 edition of the Dallas Morning News

Bid to honor Western swing music hits sour note in Texas Legislature Does Western swing icon Bob Wills’ work represent Texas music better than Van Cliburn’s? Or Roy Orbison’s? Or Brave Combo’s? Or Johnny Winter’s? Or…?

By KAREN BROOKS Austin Bureau kmbrooks@dallasnews.com

AUSTIN — An effort to make Western swing the official music of Texas could see miles and miles of opposition, as one Hill Country music lover finds herself in the opening stanzas of a debate over what defines “Texas music.” “When we’re talking about a symbol, we’re talking about culture and heritage and history, and something that has been long lasting,” said Paula Jungmann, a Boerne housewife who is pushing for the legislative declaration. “When I look at Western swing, that is what I see.” But while she counts no time in politics, Jungmann is discovering that elected officials and creative artist types are pages torn from the same songbook in two big ways: You never know what they’re going to do, and you’ll never get them all to agree on anything. Some musicians — and the “Beer-drinkers and Hell-raisers” who love them (thank you, ZZ Top) — are wondering whether lawmakers should be trying to define and symbolize Texas music in terms of one genre. Particularly if it leaves out Hank Williams’ pain songs, Newbury’s train songs and “Blue Eyes Crying in the Rain.” “The official sound of Texas should be Texas music in all its glorious facets,” said Texas writer Joe Nick Patoski. “No official proclamation is necessary when everybody knows we make music better than anybody else.”

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SXSW starts now

Good luck, learn something, have fun

…and while you’re at it, come see this movie at the Paramount, 4:30 pm Weds and see how it all began.

Outside Industry: The Story of SXSW chronicles the origins and early evolution of the SXSW Music Festival, from breakthrough performances to fights over how to handle growth.  It follows the four founders as they navigate through the successes, backlash, criticism and even arson to become the biggest music industry event in the world.

http://www.outsideindustrymovie.com/

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