Neches debate isn't 'water under bridge'
Angelina-Neches River Authority wants to be a party in request to change LNVA permit
BY TERRIE GONZALEZ

The recent dispute between the Angelina Neches River Authority (ANRA) and the Lower Neches Valley Authority (LNVA) is not exactly "water under the bridge."

The ANRA board of directors met Feb. 12 and voted to file legal papers necessary to become a party to the LNVA application to amend its Sam Rayburn Reservoir water rights.

Sixteen cities, counties and municipalities with a stake in the Lake Columbia project joined ANRA in filing protests last October with the Texas Commission on Environmental Quality (TCEQ). The proposed changes in the 1963 water rights agreement had the potential to give LNVA sweeping control over water rights in the upper basin.

State Sen. Robert Nichols, who represents both water entities in his district, brought the quasi-state agencies together for a meeting Oct. 18, 2007, and LNVA agreed to write a new draft of the amendment.

LNVA recently told members of the East Texas Regional Water Planning Group in Nacogdoches that the authority does not seek to control water rights in the upper river basin, but does want to protect its existing rights to serve planned industrial development in the Beaumont area.

Robert Stroder, LNVA's general manager, and members of his staff told the group, "It was never our intent to damage existing water rights in the upper basin, but we don't want to step back from our own rights."

Kenneth Renneau, ANRA general manager, told the Cherokeean Herald this week that he has seen the revised document.

"It's a better document than it was, but there are still issues," he cautioned. "We want to be protected."

One of his concerns involves converting municipal rights to industrial rights and what impact that would have.

"It doesn't do anything for future water needs in the upper basin," he said. In a hypothetical scenario, he asked if someone who wanted to build a small lake in 25-30 years would be allowed to do so under the proposed language.

He said he understands LNVA's desire to make its water rights secure and dependable for its customers in the Beaumont area, but he insists that these changes should be included in the regional and state water plan.

Mr. Renneau said the time clock started all over again with TCEQ when the new draft was presented last month. "They published legal notices in the Beaumont and Nacogdoches papers at the end of January, and people have 30 days to file letters of protest."

ANRA's letter will likely be the first submitted to TCEQ. But it will be closely followed by strong letters from the Cherokee County judge's office and the Rusk city manager's office.

County Judge Chris Davis is frustrated that LNVA attempted to change the water amendment last October under the guise of Homeland Security. "I feel like we had better watch them, and we need to keep our noses in the process to protect our water," he said.

Rusk City Manager Mike Murray said that he will also draft a letter to TCEQ to make sure the state continues to investigate the process.

"We appreciate Mr. Renneau and the ANRA for watching out for the interests of Rusk and others in this area. We will follow their lead to a large degree," he said.

ANRA Board President Al Chavira said there are many factors involved in the amendment process. "We want to be involved in protecting the interests of the people in the middle and upper parts of the river basin."

When the initial dispute between LNVA and ANRA erupted last fall, ANRA threatened legal action because LNVA would have had the autonomy to pump water from the watershed above Lake Sam Rayburn, which includes Lake Columbia.

Critics claimed LNVA's request had less to do with Homeland Security and more to do with feeding a massive industrial complex in Beaumont and Port Arthur with water.

Mr. Chavira added, "If properly managed, conserved and apportioned, there is a sufficient supply for the human, industrial and environmental needs of the entire Angelina and Neches River basin well into the future."