Dallas files lawsuit to stop Neches refuge
BY LELAND ACKER STAFF WRITER

Claiming the U.S. Fish and Wildlife Service has not adequately studied the environmental impact of designating the Neches River plain as a wildlife refuge, the City of Dallas filed a lawsuit Thursday to overturn the plan to create the Neches River Wildlife Refuge. This lawsuit is separate from one filed by the Texas Water Development Board on Jan. 10.

A press release from the Dallas City Attorney's office dated Jan. 11 said the city contends that the Fish and Wildlife Service "violated the National Environmental Policy Act of 1969 (NEPA) because it failed to adequately consider the environmental impact of designating a 25,281 acre site within Anderson and Cherokee counties as a refuge in the same area as the planned Fastrill Reservoir."

"The Fish and Wildlife d Environmental Impact Statement. They provided an Environmental Assessment," said Chris Bowers of the Dallas City Attorney's office. "We are contending that even if the assessment is all that is required, the one they prepared is inadequate."

Dallas openly admits the lawsuit is aimed at protecting its water plan, according to the press release.

"Fastrill is an important component in the city's water plan," Bowers explained. "(Without it) we will have to rely on existing water sources, meaning some will dry up."

However, many Cherokee County residents are not buying it.

"It is laughable that they are claiming the wildlife refuge does not take into consideration the environmental impact, when a reservoir would destroy one of the most ecologically sensitive habitats in the U.S.," said Sarah Welch of Rusk.

Jim Harper of Gallatin said, "Dallas and the Texas Water Development Board need to look at conservation and then we can consider the viability of flooding critical wildlife refuges in our area."

Phyllis Wilburn of Jacksonville agrees. "Dallas should focus on how to conserve water. Reducing the use of water will decrease water pollution, increase energy savings and create more efficient use of water resources," she said. "The average American uses approximately 180 gallons of fresh, clean water per day, while Dallas residents use approximately 260 gallons of water per day."

State Rep. Chuck Hopson said the decision of the refuge versus the reservoir would directly impact the Texas State Railroad.

"I was very surprised that the Attorney General's Office (on behalf of the Texas Water Development Board) got involved this late into the process. We have been working very hard to protect the natural beauty of this region," Rep. Hopson said. "We also need to be very aware that the historic Texas State Railroad would be affected by this project. Whatever happens, I am going to fight for our railroad."

Elizabeth Slown, spokesperson for the U.S. Fish and Wildlife Service said she cannot comment on pending litigation, but indicated the department was thorough in their environmental impact studies.

"I am biting my tongue on just how thorough we were," she said.

Dr. Michael Banks, co-chair of the Friends of the Neches River, said he has been informed the Fish and Wildlife Service has done everything required of them.

"We expected this lawsuit a long time ago, we don't think it will change anything," Dr. Banks said. "The refuge will still happen, but this will slow things down."

"It's a ridiculous waste of state and Dallas city taxpayers' money," said Janice Bezanson, executive director of the Texas Committee on Natural Resources. "The Fish and Wildlife Service dotted every 'I' and crossed every 'T.'"

"The Fish and Wildlife Service did a socio-economic assessment on their own, and studied additional sites at the request of the City of Dallas," she said. "The other sites were not as desirable."

Ms. Bezanson said the site was identified as a priority in the mid-1980s. She said the Fish and Wildlife Service has done most of the due diligence before Dallas put the site on its long-range water plans.

Kevin Ward, executive administrator for the Texas Water Development Board, said the board filed the lawsuit to ensure the Fish and Wildlife Service met all requirements to establish the refuge.

"There are stringent analyses required to determine the impact of new reservoir development," Mr. Ward said. "We want to ensure that the (wildlife service) meets the same stringent requirements in evaluating the effects of developing a wildlife refuge that would negatively impact the future of water supply needed by one of the fastest growing areas of Texas."

State Sen. Robert Nichols said, "Considering the long-term impact of a refuge, it is important to ensure all the proper studies are conducted and all consequences are considered. There is nothing wrong with taking a cautious approach to something that would affect our region for decades to come."

One area residents agree.

"I feel it is more important to have water for people to drink and use than the wildlife refuge," said Josie Schoolcraft of Bullard.

Mr. Bowers continued by saying, "NEPA has a goal of encouraging intergovernmental cooperation, not just in refuges, but in other governmental practices as well. We feel we have had a process of intergovernmental interruptions."

Dr. Banks summed up the case by saying, "The lawsuit is the state suing the federal government. Lil' ol' us don't have much to do with it anymore."