 Last Friday, the nonprofit Save Our Springs Alliance (SOS) filed suit against the U.S. Fish and Wildlife Service (USFWS) in the Western District of Texas. The suit is based upon the USFWS’s failure to make a timely decision on listing the Pedernales River springs salamander as endangered under the federal Endangered Species Act in violation of the statute’s requirements. The Pedernales River springs salamander, a species endemic to the Texas Hill Country, has only been found in a few locations, most of which were within a 0.5 square mile area. Its survival depends on the clean spring water, spring fed streams, and water-bearing karst formations. Videos and more information about the habitat where the salamanders have been found are at https://roycreekcanyon.org. The Pedernales River springs salamander faces extinction due to its extremely limited range, small population, water quality degradation, surface habitat destruction, and inadequate regulatory protections. The majority of the salamander’s habitat is degraded or in imminent danger of degradation due to increasing urbanization. Proposed developments, such as Dallas billionaire Steve Winn’s proposed Mirasol Springs development and University of Texas Hill Country Field Station threaten to harm the species and destroy its critical habitat. Biologist Crystal Datri, author of the petition to list the salamander as endangered, expressed that “While the area near the salamander’s known habitat is fortunate to have conservation easements and preserve lands, the majority of the salamander’s range is still gravely threatened by groundwater pumping and wastewater pollution from the Winn-UT research station development.” On September 20, 2021, SOS filed a petition, urging USFWS to list the Pedernales River springs salamander as endangered. “The Endangered Species Act is intended to provide species critical protections to avoid extinction,” explained SOS Attorney Victoria Rose, who is the lead counsel for the suit. “USFWS have missed the statutory required deadlines for a response. With so many threats, like the Winn development, occurring right now, the salamanders don’t have much time left.” The USFWS’s delay in making the 90 day finding and failure to make a timely 12-month finding on SOS’s petition to list the Pedernales River springs salamander as endangered constitutes a violation of the ESA and additional delay on the part of the agency further imperils the species.  Neighbors to the proposed 1400-acre Mirasol Springs development, located on the banks of the
Pedernales River and immediately across Hamilton Pool Road from Travis County’s Hamilton Pool Preserve and Reimers Ranch Park, joined with Austin area environmental activists today to speak out against the project’s plans to pump groundwater and river flows and to build a sewage treatment facility just above springs feeding the river. The neighbors and activists gathered on Hamilton Pool Road, outside the Mirasol Springs property, as the University of Texas hosted an awards luncheon honoring Mirasol Springs owners, the Steve Winn family of Dallas. The Winns have pledged $50 million to U.T.’s Biodiversity Center to support a reported $200 million plan to develop biological research field stations around the state. The Hill Country Field Station is set to be built on the Mirasol Springs property. University of Texas representatives and Steve Winn claim the Mirasol Springs project is dedicated to sustainable, ecologically responsible development. But the project’s permit applications to pump groundwater, divert river flows, and spread treated sewage just above the river tell a different story. As proposed, the Mirasol Springs project includes a resort hotel, 71 home sites, two restaurants, an irrigated farm, and the U.T. biological field station. To serve the development, the Winn’s have applied for groundwater pumping permits from both the Southwest Travis County Groundwater Conservation District and the Hays Trinity Groundwater Conservation District. (The Mirasol Springs property straddles the Travis County/Hays County line.) Mirasol’s application to the Texas Commission on Environmental Quality to divert over 100-acre feet of Pedernales River flows every year has been pending at the TCEQ for over two years without a TCEQ staff recommendation. Austin’s legendary environmental singer/songwriter Bill Oliver serenaded the protesters with several rounds of his latest song, “Not Enough Water,” written for the campaign to protect the Pedernales River and local springs and water wells from the proposed Mirasol Springs project. Staff from both Groundwater Districts have recommended draft permits that scale back the Winn requests substantially. The Districts’ rules also require steep pumping reductions during drought conditions. Winn attorneys have refused to meet the Districts’ staff recommendations, including compliance with District drought protection rules that apply to all pumping permitholders. The Mirasol permit application to the Hays Trinity GCD is set for a preliminary hearing before an administrative law judge on June 11, 2024. Travis County has joined with neighbors and the Save Our Springs Alliance and Save the Pedernales in opposing the Mirasol Springs groundwater pumping permit applications. Travis County wants to be sure the Hamilton Pool spring flows are protected. Like the other protesting parties, the County also wants to assure that the Pedernales River and Reimers Ranch Park water flows and water quality are protected. The 1400-acre Mirasol Springs property surrounds the one-of-kind Roy Creek Canyon. Springs, pools, and waterfalls tumble down through the canyon, harboring the Pedernales River springs salamander and other rare species. Save Our Springs Alliance’s petition to the U.S. Fish & Wildlife Service to list the salamander as endangered remains pending. U.T. biologists discovered the salamander and determined it is a distinct, new species, but have yet to publish a peer reviewed paper assigning a scientific name to the species. The endangered and extremely rare Texas Fatmucket freshwater mussel was recently confirmed in the Pedernales River adjacent to the Mirasol Springs property. A third endangered species, the Golden-cheeked warbler, is also known from the Mirasol Springs property, Roy Creek Canyon, and the Travis County parks. Ground water and surface water pumping, pollution, and development, along with our heating climate, threaten the survival of these species. Flows in the Pedernales River have plummeted in recent years. The river stopped flowing for an extended period in 2023. Springs, including those in Roy Creek Canyon, also stopped flowing or fell to a trickle. Area well levels have dropped or gone dry. With the recent drought, the Groundwater Conservation Districts have stopped processing applications for new pumping permits. “In another place, or even here some years back, neighbors and environmentalists would have supported the Mirasol Springs project,” said SOS Executive Director Bill Bunch. “But today, given the unique natural value and vulnerability of Roy Creek Canyon, Hamilton Pool, and the Pedernales River, there is simply not enough water to call the project sustainable or ecologically sound.” “The Winns deserve credit for their generous gift to U.T.. But I don’t understand why U.T. or the Winns would endanger the very things they say they want to protect,” said Lew Adams, one of the Roy Creek Canyon owners. “The science tells us the project is too much,” he added.  Preferred Start Date: As soon as possible (negotiable)
Practice Areas: Environmental protection advocacy under federal, state, and local laws. This includes litigation, administrative permitting, policy and legislative advocacy on water, wildlife, land, use, parks, climate, historic preservation, and functional democracy issues. Description: Save Our Springs Alliance seeks a passionate, self-motivated public interest advocate to join our current team of three staff attorneys. Founded in 1992, Save Our Springs combines science, economics, education, and citizen action with legal expertise to protect our Texas Hill Country home. As the only Central Texas nonprofit conservation advocate with a full time legal staff, we represent our members, other groups, and private landowners in strategic actions to protect our home waters and the natural and cultural heritage of our region. See Laura Dunn’s award-winning film The Unforeseen for our origin story, and see here and here on two major victories this last month. The attorney would work under Executive Director and attorney Bill Bunch. We work hard, we have fun, and we go swimming. The swimming is optional but recommended. Responsibilities include:
Qualifications:
To Apply: Send a résumé, cover letter, law school transcript (for lawyers practicing five years or less), writing sample (preferably a legal brief or memorandum), and a list of references to [email protected]. Please put “Staff Attorney Applicant” in the subject line. We intend to fill this position as soon as possible. Applications will be accepted on a rolling basis until the position is filled. Date Posted: May 8, 2024. Contact Information: Bill Bunch [email protected] 512-784-3749 4701 West Gate Blvd., D-401 Austin, TX 78745  Last Tuesday, District Judge Daniella Deseta Lyttle ruled in our favor and extended the Temporary Restraining Order against City Council (TRO) until July 1st, ensuring that each speaker at Austin City Council meetings will be granted three minutes per agenda item. This shared win is one for ALL of Austin and would not have been possible without the citizen testimonies and the efforts of our legal staff, Executive Director Bill Bunch and staff attorneys Bobby Levinski and Victoria Rose. During the Tuesday hearing, Bill Bunch referenced James Madison's words, stating that a democracy lacking information “is but a prologue to a farce or a tragedy; or, perhaps, both.” Testimonies from Roy Waley (with his decades-long commitment to advocating for water issues), Monica Guzman (a firebrand advocate for environmental justice and Policy Director of GAVA), and Laura Morrison (former Austin City Council Member) presented compelling arguments about the importance of public input in our democratic processes and were instrumental in securing this extension. This ruling reaffirms the principle that no one, not even elected officials, is above the law. It sends a powerful message that community voices must be heard and respected in decision-making processes. As Roy Waley testified “Democracy can be messy and time-consuming.” However, there's a long road ahead to a lasting solution that secures citizen input in public meetings. The City Council may still attempt to amend the City Charter, requiring us to remain vigilant in both legal proceedings and spreading awareness that our collective citizen input and speaking time allotted is at stake. Again, we extend our gratitude to every individual who has attended City Council meetings and spoken out on issues that shape our community's present and future. This lawsuit, initiated by the SOS Alliance, is not just about us—it's about everyone who cares about Austin and believes in the importance of active public engagement. Read more in the Statesman article HERE. If you are able, please consider making a tax-deductible donation to support our ongoing legal efforts on behalf of our water, wildlife, and the integrity of our local democracy. Your contribution will enable us to continue fighting for a fair and transparent governance that prioritizes the needs and voices of all Austinites.  Fact-Resistant Council Refuses to Act for Drought Resiliency Last weekend’s rain will help replenish the storage level of Lakes Buchanan and Travis—somewhat. But the region is still in one of the worst droughts we’ve ever experienced. Current lake levels remain less than 50%, and it would require record amounts of rain throughout this May to put our region back in a good position for water availability. Unfortunately, the Austin City Council mostly ignored pleas from SOS and other water conservation advocates to postpone the City’s water conservation and drought management plans. These new plans go in the wrong direction and diminish the City’s long-standing goals for daily water usage. Updates to the City’s Water Forward Plan are anticipated to return to the City Council by the end of this year. Until then, we will be pressuring the City Council to act swiftly and curtail its water usage. Stay tuned.  CAMPO Vote Set for Monday, May 13th on I-35 Funding On Monday, May 13th, the Transportation Policy Board of the Capital Area Metropolitan Planning Organization (CAMPO) will be meeting at 2pm (5330 Bluffstone Lane) to approve a new 3-year Transportation Improvement Program (TIP). The proposal rolls over funding for the proposed expansion of I-35 through Central Austin, despite requests that the Texas Department of Transportation (TxDOT) complete certain air quality studies before the project proceeds to construction. According to the new air-quality standards set by the Environmental Protection Agency (EPA), the Austin area has dangerously high levels of air pollution. Long-term exposure to fine particulate matter (PM 2.5), associated with highways, can cause serious and sometimes deadly illnesses. Under the new standards, Travis County is modeled to be in nonattainment. Both the Austin City Council and Travis County Commissioners court have requested that CAMPO hold off on construction of I-35 until these serious air quality consequences are properly understood through studies and accounted for in potential design modifications. Despite these known serious health risks, TxDOT is proceeding with the highway expansion. To send a message requesting that the CAMPO Policy Board reconsider the funding, click here. 
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