Lake Fastrill is like the mythological Phoenix
Lake Fastrill is like the mythological Phoenix that dies in flames and rises again from ashes.

TERRIE GONZALEZ

Every time supporters of the Neches River Wildlife Refuge think they have oneupped the city of Dallas, which

wants to build a lake on the same footprint as the proposed refuge, a new wrinkle suddenly

arises.

When I was TERRIE GONZALEZ

in Austin one

month ago to write about committee testimony on the Texas State Railroad, another committee hearing was taking place on SB 3 and HB 2187. This legislation designates about 19 reservoirs in Texas as "unique," which is the equivalent to signing a "letter of intent."

The designation means that the land can't be purchased or developed by state or local entities until it becomes clear whether the reservoir will be constructed or not. Supporters say that placing "dibbs" on land is the only way to plan 50 years in the future. Opponents say the designation places a cloud over their property titles, and that land values often go down because potential buyers don't know whether the land will be flooded by a lake in the future.

The House Committee on Natural Resources removed Lake Fastrill and Marvin Nichols from the bill before voting it out of committee on May 4.

The latest word from Austin is that when the bill goes to the house floor for debate, amendments will be added to the bill that place Lake Fastrill and Marvin Nichols back on the list with other "unique reservoir" designations.

Friends of the Neches River and the Texas Conservation Alliance (formerly the Texas Committee on Natural Resources) have written letters and worked hard to let legislators know that Lake Fastrill does not belong in the city of Dallas' water plan.

During the committee hearing in April, state Rep. Harvey Hilderbran (R-Kerrville) questioned whether founding fathers intended for the city of Dallas to exercise powers of eminent domain on land that is located more than 100 miles from their own city. He suggested that some of the sites may need to be removed from the bill, and indeed they were.

Mary Decker, a Jacksonville attorney, sat through the committee hearing until the wee hours of the morning, waiting for an opportunity to provide her two cents' worth. "I am dismayed that Dallas is refusing to recognize that the U.S. Fish & Wildlife Service has called for the creation of the Neches Wildlife Refuge.

"People are leaving the cities; our whole area is growing. We need water for our own development," she told the committee.

But the "water hustlers," as the Texas Conservation Alliance calls them, have cell phones glued to their ears as they stalk the halls of the state Capitol. They are looking for the weak link in the chain, the legislators that can be turned and influenced to support the unique reservoir designation.

The city of Dallas and the Texas Water Development Board have already filed federal lawsuits, claiming the U.S. Fish & Wildlife Service needs more environmental impact studies. Motions will likely be heard this summer.

The unique reservoir designation will be decided in the waning days of the Texas Legislature. If you have a fundamental problem with the city of Dallas placing a dam on the Neches River, right here in Cherokee County, condemning the property for their own uses, then you need to act quickly.

Send FAXes, mail letters and write e-mails to members of the House of Representatives and let them know how you feel about water rights.

It's time for the idea of Lake Fastrill to go down in flames. Again.