SOS will be back in court Monday afternoon at 2:00 p.m. for a final hearing in our "public right to speak" case against the Austin City Council. The hearing will be held at 2:00 p.m. in the court of the Honorable Travis County District Judge Daniella Deseta Lyttle on the 10th Floor of the Travis County Civil Courthouse, 1700 Guadalupe. The hearing will last approximately 2 hours and the public is invited. Please attend and observe if you are interested and available.
SOS already won much of this case with two prior court rulings and the Austin City Council adopting new City Council meeting procedures that limit public speakers on a "per item" basis. This means members of the public get at least 2 minutes to speak on each and every item on the City Council's Thursday meeting agendas. Read more here at the Austin Free Press (and sign up for AFP news alerts). However, the City Council's new procedures still prohibit public speakers at Tuesday City Council work session meetings. Often, the council will discuss and begin to stake out positions on items set for the regular Thursday council meetings. When they do this, having the right to speak at the Thursday meetings is too late. The Texas Open Meetings Act specifically calls for a public right to speak at the same meeting where there is "consideration" of an action, even if no action is taken. Also, the City Council's new meeting procedures, while adopted by city ordinance as required by the City Charter, state that the procedures are merely "directory" and nonbinding on the council. SOS reads the statute to require an enforceable "rule" on public speaking that is "reasonable" if the council wishes to limit public speakers to a set amount of time. This "right to speak" 2019 amendment to the Texas Open Meetings Act is an important guarantee for public participation in the decisionmaking of city councils, county commissioners courts, and other local governing bodies. With your support we have already set important legal precedent in this case. We will do our best to extend these protections on Monday. 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.
In Solidarity, SOS Alliance Three Important Items On This Week’s Austin City Council Agenda
Slipping on Water Conservation! Raising Barriers to Direct Democracy! Demolishing the Historic Zilker Park Bridge over Barton Creek! The number of potentially harmful items on this Thursday’s City Council agenda is nothing short of staggering. Among 99 items, 77 are set for the “consent” agenda, to be pushed through with little or no discussion by the Council, voted as part of one sweeping council vote, on items that commit literally billions of dollars of city funds. The “consent agenda” is also where our Mayor and Council would restrict public speakers to speaking no more than a total of 2 minutes no matter how many items they wish to address. SOS is back in court this afternoon seeking to stop this practice for the coming weeks while our lawsuit under the Texas Open Meetings Act and the Austin City Charter moves forward. This week’s consent agenda includes several items being fast-tracked, with the potential to do real harm to Austin’s health and sustainability. Many can’t tell what they mean because the posting language is vague, the supporting backup information is skeletal, or the public does not had the time to research them. Here we summarize the 3 most important items: a major threat to our water supply; an attack on functional local democracy; and an $11.6 million dollar push to destroy the historic Zilker Park bridge over Barton Creek and replace it with a giant, ugly bridge. Save Our Water: Please write or sign up to speak against Agenda Items 4, 5, 6, and 7, which all concern the Austin Water Utility’s water conservation and drought contingency plans. The proposed, state-required City water conservation and drought contingency plans go backwards on our City’s commitment to matching population growth with increases in water savings and reuse so that our total water use stays flat, as it has for decades. This proposal comes in the middle of a major drought and at a time when Water Utility leaders know that our Highland Lakes water supply is dwindling and is becoming less climate resilient. Our community-driven Water Forward Task Force refused to endorse this rushed-through push to abandon essential water conservation programs. Austin Water Utility staff gave the Task Force members a whopping 2 hours to read and vote on these updates to our water management plans. The proposals remove the administrative review process and increase the gallons per capita per day goal from 119 to 123 within a five-year period, when we need to be setting and pursuing aggressive goals to reduce our water use to below 100 gallons per capita per day as soon as possible. Save Our Rights to Direct Democracy: Currently, the Austin City Charter provides reasonable thresholds for petition signatures required to place voter-initiated ballot measures before Austin voters. This is how Austin voters overwhelming approved the Save Our Springs ordinance. Our charter also sets a reasonable threshold for voter signatures to place a recall of a Council Member before the voters. Both of these signature requirements are quite high: voter initiatives are rare and recall petitions almost never occur. But, they are both critical checks on our City Council powers when there is abuse or gridlock because of undue influence of monied interests. These voter-led initiatives have been catalysts for change beyond their initial purpose, bringing in more voices to Austin's democracy. This is evident in the environmental reforms that followed the SOS ordinance in the 90s, and the renewed focus on equity and geographic fairness that followed the 10-1 Council Representation effort. The SOS ordinance would have never happened by city council action. Now a City Charter review commission, appointed by the City Council with strong direction to raise the signature requirements for citizen initiative and council recall petition to prohibitive levels, has recommend proposed city charter amendments to do just that. City Staff has now piled on with recommendations to erect other roadblocks to direct citizen participation in city governance. We need your help to send the message to “vote no” and to “leave the Charter alone.” On Thursday, the Austin City Council will decide whether to place the suggested charter amendments on the November 2024 ballot. Please urge the City Council to reject these amendments and tell them not to increase barriers to direct democracy! Save Our Historic Zilker Park Bridge: Item 69 calls on Council to vote whether or not to authorize an exorbitant $11 million budget towards demolishing the historic Zilker Park Barton Springs Road Bridge over Barton Creek. Council knows the historic bridge is in good shape and can be maintained in perpetuity for a tiny fraction of the cost. The proposed replacement bridge is a giant, ugly bridge -- with a price tag likely to double along the way. Once again the City staff prepared backup completely failed to mention that the bridge is a recognized, key element of the Zilker Park National Register Historic District. SOS opposes this unnecessary demolition, and we support increasing bike and pedestrian access to Zilker Park parallel to the Zilker Park Historic Bridge, by expanding the existing bike/ped bridge or adding a new one. This can be done for a few million dollars and a fraction of the damage to the creek and park. We understand this is a lot of bad news to take action on, and we have created a targeted email form for you to share your concerns to Council directly. Victory in the Courtroom: Protecting Lady Bird Lake and Taxpayers' Dollars We're thrilled to share the news that Honorable Judge Mangrum has ruled in our favor! As you recall, SOS argued to prevent the City of Austin from funneling $354 million in taxpayer funds into the hands of developers eyeing the south shore of Lady Bird Lake. This victory is a significant win for both Austin and for ensuring the responsible use of public funds. Read the story and related coverage in the Austin Bulldog HERE. Our fight alongside Taxpayers Against Giveaways, former State Senator Gonzalo Barrientos, former Austin City Councilmember Ora Houston, and Faye Holland has centered on protecting public parkland, preserving Lady Bird Lake, and ensuring our tax dollars are used wisely. A big thank you to our "friends of the court," Go! Austin/Vamos! Austin (GAVA), and People Organized in Defense of Earth and Her Resources (PODER), for their unwavering support throughout this process. While we celebrate this victory – there may be an appeal from the city. Stay tuned for updates on this ruling. Please consider a donation to support these important efforts to protect Lady Bird Lake, shorefront park land, and our tax dollars. Continuing the Fight: Threats to Southshore Waterfront While we celebrate this victory, our work is far from over. Lady Bird Lake faces imminent threats that require our attention and action. The City of Austin’s proposed zoning changes to the South Central Waterfront area and changes to the existing Waterfront Overlay, which currently protects the area around Lady Bird Lake, poses significant risks to the ecological health and public accessibility of this cherished natural resource. Despite its importance, “Almost all of the South Central Waterfront is paved, both riparian corridors are severely constricted, and there is very little consideration given to stormwater management. As a result, the water quality and habitats around Lady Bird Lake and Bouldin Creek suffer, and the natural beauty of the district remains largely hidden.” This is a direct quote from the South Central Waterfront Vision Framework. The Vision Framework also recognizes that the “riparian areas are vital to the overall ecological functioning of the” area, referring to these green spaces as the “the last line of defense of for [Lady Bird Lake] against pollutants.” Unfortunately, there is very little connection between the need for additional ecological protections in the Vision Framework and the harmful zoning changes proposed in the draft Combining District and Density Bonus Program. The proposed regulations bring drastic changes to the south side of Lady Bird Lake, with the potential for the tallest towers in Austin alongside Barton Springs Road. Included with the proposal are: 1. No Height Limits; 2. Up to 24:1 FAR (floor-to-area ratios); 3. Increased impervious cover (up to 85%); and 4. Modifications to the Waterfront Overlay setbacks. The proposed regulations also drastically shrink the protections in Waterfront Overlay and essentially extend Downtown Austin across the river. This is particularly dismaying since the Waterfront Overlay was established both to protect Lady Bird Lake (Colorado River) and associated parkland from overdevelopment and to ensure that it remains a publicly accessible resource for the residents of Austin. The South Shore District was intended to retain a more natural aesthetic, focusing on parks and recreational uses, so that the public could continue to enjoy the urban oasis that has defined our City for decades. Modification of the Waterfront Overlay is being taken too lightly, privatizing space that was intended to be protected, and reducing the natural buffer zones that the Waterfront Overlay was intended to protect so that the water quality and ecological systems of Lady Bird Lake would remain. We are asking the City Council to reconsider this proposal. Here are the SOS recommendations:
We urge you to write to the City Council and express your concerns about the proposed regulations. Together, let's ensure that Lady Bird Lake remains a vibrant urban oasis for Austinites for generations to come. SOS Sues Mayor and Council in Defense of Fair Public TestimonyOn Friday, April 5th, Save Our Springs Alliance held our elected officials accountable by filing a lawsuit against Austin Mayor Kirk Watson and the Austin City Council. Our legal action stems from their violation of the Texas Open Meetings Act (TOMA), which mandates that members of the public be allowed to speak to the Council on any posted council items on the agenda. Last week, we amended our lawsuit to include a claim that the Austin City Council is also violating the Austin City Charter and its own adopted procedures for allowing public input. We firmly believe that every citizen deserves the opportunity to address the council on matters that affect our community. Our allies stand with us in this fight for justice. "It's already difficult for every day, hardworking Austinites to access public hearings. When they leave their job, caretaking duties, or precious time off to participate in city government, they deserve their full time to speak." Carmen D. Llanes, Executive Director Go! Austin/Vamos! Austin (GAVA) "PODER supports the struggle for equal rights, and we believe that the SOS lawsuit against the Austin City Council’s violation of TOMA leads to the path of justice." Susana Almanza, People Organized in Defense of Earth and Her Resources (PODER) We cannot allow our elected officials to disregard the law and our voices - which are the concerns of their constituents and should be their highest priority. The actions of Mayor Watson and the City Council are not only disappointing but also a violation of our fundamental rights. As we seek immediate relief from the Travis County District Court, we urge you to join us in this crucial fight. Your voice matters, and together, we can ensure transparency and accountability in local governance. Read the full Austin Monitor article HERE and share it with friends and family who strive to protect our right to address the issues most pressing to our communities. We will not be silenced. Join us NEXT Saturday 4/27 for an incredible opportunity for a hike down the Hill of Life and a (optional) swim at Sculpture Falls with award-winning journalist and writer Ed Crowell! Crowell is the author of Barton Creek (2019) published by Texas A&M University Press, a one-of-a-kind work that takes the reader on a quest to discover the enigmatic origins of Barton Creek. Crowell’s book begins at the "end," the iconic waters of Barton Springs Pool and journeys upstream from there. Readers are along for the ride as Crowell visits landowners and discusses the political battles and public referendums that resulted in land and water protections since the 1960s. If you love Barton Springs and Barton Creek, then don’t miss this opportunity to meet one of Austin's best contemporary cultural historians! Only 12 spots available--Sign up today! Your involvement to preserve Austin's natural resources and vibrant communities is crucial. Thank you for standing with us to protect our waters, our wildlife, and our democracy!
In Gratitude, SOS Alliance Phase II of the H.O.M.E. initiative is headed back to the Austin City Council. A joint public hearing will be held on Thursday, April 11, 2024, at 9am. Online Speaker Registration is now open. Registration for remote speaking closes TODAY, Wed., April 10 th at 12pm. In-person speakers may register at an on-site kiosk at City Hall between 12pm on Wed., April 10th until Thurs., Apr. 11th, at 8:15am. The proposed amendments include reducing minimum lot sizes for single-family residents to 2,000 sf (from 5,750 sf); reducing minimum lot width to 20 ft (from 50ft); removing McMansion compatibility standards for small lots; making it easier to establish flag lots (irregularly shaped lots); and increasing zoning impervious cover to 45% for some lots. Collectively, these amendments will help developers maximize the development potential of each lot. Yet notably, the code modifications lack enhanced protections for trees and mitigation for drainage, localized flooding concerns, and creek erosion that result from increased impervious cover. They also lack equity considerations for neighborhoods vulnerable to displacement and gentrification. These code amendments are being paired with several other development regulation changes, including massive increases of entitlements along commercial corridors. Information about the April 11th public hearing, including draft ordinances, can be accessed here: https://www.austintexas.gov/department/city-council/2024/20240411-spec.htm These zoning change will result in more flooding, reduced green spaces, increased urban heat, and hastened gentrification, impacting all of Austin.
As you may be aware, Save Our Springs Alliance filed a federal lawsuit challenging TxDOT's failure to consider air quality and water quality problems associated with the highway expansion. Alongside Rethink35, PODER, Austin Justice Coalition, and several other environmental and neighborhood groups, we are trying to force consideration of a more environmentally responsible alternative that helps heal the divides the highway has created. Please join this coalition in requesting the CAMPO Policy Board to redirect the region's limited transportation dollars to smarter alternatives that will better improve mobility and safety for the region's commuters. Write a letter or attend the public hearing. Thank you for taking the time to read through these important updates and calls for your collective action. Your support and engagement are crucial in advocating for smarter alternatives and addressing the pressing issues facing our community, from transportation funding to zoning changes. If you're able, please consider supporting our efforts by making a donation. In Solidarity, SOS Alliance Last Thursday, the TCEQ Commissioners voted to limit the amount of phosphorus in the City of Liberty Hill’s wastewater discharge into the South San Gabriel River to 20 micrograms per liter. The decision came after a years long battle between residents along the South San Gabriel River and the City to stop pollution coming from the City’s wastewater treatment plant that made the river unusable and unsafe for recreation. The problems faced by the San Gabriel River threaten all of our Texas Hill Country streams. The streams have very low levels of phosphorus, somewhere around 5 to 9 micrograms per liter. And decades of scientific research on the streams has shown that harmful nuisance algae blooms and changes in the aquatic ecosystems occur when phosphorus levels reach 15 to 20 micrograms per liter. Even with this science and the law prohibiting the degradation of the streams, TCEQ has routinely issued wastewater discharge permits that allow the discharge of wastewater containing phosphorus levels as high as 150 microgram per liter, 500 micrograms per liter, and sometimes even 1000 micrograms per liter. TCEQ’s practice of permitting high levels of phosphorus pollution in wastewater discharges has led to some Hill Country streams, like the South San Gabriel River, being choked with algae blooms that harm wildlife and people. SOS is hopeful that TCEQ’s decision on the City of Liberty Hill permit will protect the river and will set an example of following the law and science to limit wastewater discharges and phosphorus pollution into our Texas Hill Country streams. However, SOS will not stop working to challenge wastewater discharge permits until polluting our streams becomes an outdated relic of the past. With your help, we can continue to push for clean water and hold polluters accountable. Please consider a donation today to support this important work! DONATE TO SOS Recently, South Austinites have witnessed the gradual degradation of Mystery Creek, a small tributary of Little Turtle Creek—a waterway that eventually merges into Williamson Creek. A critical moment for Mystery Creek is eminent, and we need your help. On Tuesday, April 9 at 6:00 PM, the City Planning Commission will review Rastegar Development's request to rezone the area through which Mystery Creek flows. Approval of this rezoning would allow the diversion of Mystery Creek into the City’s Storm Drain system, paving the way for construction right on top of its natural path—an action we strongly oppose. That surface water belongs in Little Turtle Creek, not in concrete, underground. There are two pending cases:
Your voice matters. Please sign up to speak at the hearing by Noon on Monday, April 8th. Time is of the essence, and although the notice is short, your participation is crucial in preserving our community. Below is the Planning Commission’s response form for your convenience. If you can spare a few minutes to submit the short form, let them know you want to Save Mystery Creek and deny the zoning changes until a determination on Mystery Creek has been made. Even the tiniest tributary of Williamson Creek is still precious. Nature is not the enemy. Thank you for your swift action in protecting our precious streams. Trinity Aquifer Overuse The Proposed Silver Creek/Lunaroya Development from Nashville area Southern Land Company (SLC) has requested to withdraw 37 acre feet per year from the Lower Trinity aquifer, for 29 homes and a community space. The large ask is because they want to run the entire water supply through reverse osmosis filtration, wasting an estimated 65% of what they draw out, and producing effluent so full of mineral salts that it is toxic to plants and becomes a disposal problem. The groundwater district's recent study shows the Lower Trinity is ancient water, with no recharge at all. Hays Trinity Groundwater District's draft permit, due to be discussed at a public hearing TODAY, Thursday, April 4th at 5 pm at Sunset Canyon Baptist Church, proposes to supply only 3.2 acre feet/year. We would love a strong turnout to let SLC know we are paying attention to water overuse, and to thank HTGCD for being a strong advocate for our aquifer. The TX legislature is watching the GCDs to see how far they can take their authority; public support really matters. SLC has secured a surface water backup contract with West Travis County PUA, contingent upon the Double L/Anarene neighborhood being built out. It may be years before the lines are available to get the water to them, if at all, so they are likely to contest this draft permit. We are pleased the groundwater district is taking a hard stand on this, and would like to give them a public show of support for their protection of our groundwater. If you are able to attend, are concerned about your own well, and/or are willing to speak about that, or on behalf of either the district's prudence or the viability of rainwater use instead of groundwater, please do!
We hope to see you in person at one of these upcoming events!
Thursday, April 4th, 5 pm, Public Hearing: Hays Trinity Groundwater District Draft Permit Location: Sunset Canyon Baptist Church 4000 US-290, Dripping Springs, TX 78620. Proposed supply of 3.2 acre feet/year versus the request for 37 acre feet per year. Strong turnout needed to address water overuse concerns and support HTGCD's advocacy efforts. Tuesday, April 9th, 6 pm, City Planning Commission Reviewing Mystery Creek Rezoning Request, Location: City Hall, Council Chamber. Rezoning approval would divert Mystery Creek into the storm drain system for construction. Zoning changes permanent, sign up to speak by Noon on Monday, April 8th to preserve Mystery Creek! Friday and Saturday, April 12 & 13, 7pm, Forklift Danceworks Presents The Way of Water: Onion Creek, Performance highlighting Onion Creek watershed and stewardship efforts, featuring immersive audio walk and dance on restored urban floodplain. Directed by Allison Orr and Krissie Marty. Read more and purchase tickets or sign up to volunteer at this link Sunday, April 21st, 1-6 pm, Mystery Creek & Lost Creeks Block Party Location: 300 block of Red Bird Lane. Featuring live music, solar-powered stage, food & drink, kid’s area. Special guest Jim Franklin supplying artwork for event t-shirt. Saturday, April 27th, 9am-12:30pm, SOS Eco-tour with Ed Crowell (Author of Barton Creek) Discover the hidden stories and environmental challenges of Barton Creek with longtime resident and journalist Ed Crowell as we hike the Hill of Life and swim in the refreshing flows of Sculpture Falls. SOS charters another fun-filled hike / swim adventure. Purchase Eco-tour tickets here! This month is bustling with activity, and we're truly grateful for your continued engagement and support. Thank you for being an integral part of this thriving community of activists and water lovers. Together, we achieve so much more. With heartfelt appreciation, SOS Alliance Learn more about his legacy and commitment to Barton Springs Former Save Our Springs Board Chair and Austin conservation leader Mark Tschurr concluded a wonderful life last week. Mark's obituary is posted here. It highlights how much he loved and worked to protect Barton Springs and the environment of his Austin home. A memorial service has not yet been scheduled. In the 1992 campaign to win voter approval of the citizen-initiated Save Our Springs ordinance, Mark jumped in to lead the Austin Business Leaders for the Environment (ABLE) PAC. He worked closely with other SOS champions from across the political spectrum to win a landslide vote to "save our springs" in August 1992. From then until his final days Mark challenged those around him to make community service and protecting the environment a part of their personal lives. Mark was a true friend of Barton Springs, Austin, the Hill Country, and Mother Earth. Mark lived the idea that doing the right thing was more important than taking credit for the results. And that if things didn't work out, the door stayed open to try again. Mark's advocacy and connections in the tech world helped steer several corporate expansions and relocations towards downtown and north Austin, away from our vulnerable Hill Country watersheds. As a small business owner in Austin's emerging tech world, Mark took real risks in telling the Chamber of Commerce they were wrong in arguing that protecting Barton Springs by passing the SOS ordinance was bad for our economy. He ruffled feathers in opposing corporate subsidies, insisting that businesses should pay their fair share of taxes, and speaking up in social settings on the side of protecting the environment when others remained silent.
When Mark joined the SOS Board as Chair, he opened doors and sought compromise but rejected doing deals that pitted good government against watershed protection. He championed public funding to buy critical watershed protection lands -- and challenged landowners to donate or sell at a discount conservation easements that would protect our Hill Country watersheds forever. Mark's efforts helped protect thousands of acres in the Barton Springs and Colorado River watersheds. He also played a key role in securing permanent protection of land at Jacob's Well, part of which is now Hays County's Jacob's Well Preserve. Mark lived his life dedicated to his wife Betsy, daughter Helen, son Henry, and to the Austin community. He was close friends with SOS Executive Director Bill Bunch, SOS founding board chair Helen Ballew, ABLE co-founders Deborah Morin and John Mackey, and many other SOS supporters. Austin and SOS were blessed by Mark's wisdom and love for our fair city and for Barton Springs. We thank you Mark and will continue to be inspired and guided by your leadership. Our sympathies go out to Betsy, Helen, Henry and the Tschurr family. SOS Alliance Photos: Mark and Betsy Tschurr taking the Polar Bear plunge at Barton Springs on New Year's Day, 2023. |
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