LAMCOS

Information on Water Rights in Texas and some helpful Definitions

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Below are almost monthly updates about LAMCOS

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June 30, 2004

This morning the USGS gauge in Bandera on the Medina River at Hwy. 173 is running at 7,070 cfs. The norm is about 150 cfs and the read out on Saturday, when LAMCOS was involved in the river clean up there was somewhat above 500 cfs.

The normal stage of the river is 5 feet. It has now reached 14.81 ft. at the gauge in Bandera. Anything above 13 ft. is considered to be above flood stage.

We have not been able to get in touch with the Emergency Operations Center in Bandera, but think those of us at the lake should be aware that the water is rising and that the lake, too, will experience a rise. There is no prediction now as to the amount, but it is rising already. Will pass on any further information we may receive.

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The rise in Medina Lake was about 1 1/2 feet as of Wednesday night and it appears to be going down now. Flood waters, including run off from land covered with wild and domestic animal droppings and fertilizers, have entered the lake to that extent. Therefore, you may wish to consider this as you plan to enter the water. It is considered wise by many to wait for a week or so after a flood to allow sediment to settle where upon the lake regains its pure state.

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May 9 Update

UPDATE ON WPOA SUIT

The Suit against the BMA was filed on January 21, 2004 in District Court in Bandera. (You may view the petition on the WPOA website – www.mlwpoa.com) A lengthy period has followed during which time each side is entitled to seek information from the other in regards to the charges. Preliminary hearings have been set and then postponed by BMA. The latest date for a pretrial hearing to determine the possibility of changing the venue of the trial itself to a court outside of Bandera County is now set for May 27 at 1:15 in the Bandera Court House. It would be helpful to have a large group of people there as support for WPOA’s cause .

All of the requests from BMA have added cost to the proceedings. Each time BMA makes a request, WPOA’s attorney, Steve Rogers, must respond.. Steve Rogers has worked for this cause many more hours than his billing reflects. Members of the WPOA Board have given many hours of unpaid work, as well. This is a vital cause which will require continual funding throughout the duration. WPOA and Steve Rogers have done an excellent job of monitoring the funds that have come in. It is up to those of us who will benefit from winning this lawsuit or will be damaged by its lose to give as much as we can to its support.

BMA HIRES FIRM TO CHECK OUT SEPTIC TANKS ON THE LAKE

BMA Board voted to hire an engineering firm to check into 67 septic tanks on lands bordering Medina Lake. They have requested copies of permits for these Septic Tanks from the county permitting agencies. The firm, URS, is earning thousands of dollars from BMA for this information.

We are not certain what they are seeking. We do know that BMA has attempted to paint a picture of a lake polluted by surrounding homeowner’s septic systems. We also know that agencies testing the lake – the Bandera County River Authority and Groundwater District and the Texas Commission on Environment Quality – have found it to be free of pollution. This is documented. Even Bexar Met Water District, who is buying water from the lake, ended their own investigation of the water purity when they came to the conclusion that there WAS NO POLLUTION IN MEDINA LAKE.

MEDINA RIVER CLEAN UP RESCHEDULED

The 4th annual Medina River Clean up sponsored by LAMCOS has been rescheduled for Saturday, June 26, 2004. On that date, the clean up will proceed as planned and will still be dedicated to the memory of Maurice “Pete” Peterson. If you wish to participate please contact Bob Brischetto at (830) 612-3643 or Anne Dale at (830) 612-3090.

SUPPORT GROWING FOR RIVER CLEAN UP

As in years before, the Texas River Protection Association and the Bandera County River Authority and Groundwater District have provided generous amounts of financial assistance for LAMCOS’ Medina River Clean up. This year a number of businesses and individuals in and around Bandera have donated to this cause, as well. They include the following: Bandera Bank, Bandera True Value, Billy Gene’s Restaurant, Billy Walker, Busbee’s Bar.B.Q., Charles and Cindy Harrington, Dan Anderson, Gay Guilott Realty, Gray Realty, Joe and Cindy McMullan, Lamar and Terry Seale, Medina Lake Betterment Association (MLBA), Nolen Pool Service, OST Restaurant, Shoe Biz, Stagecoach Realty, T. G. Canoe Livery, Western Title and Unity Group. We have thanked each of them, but you might do so again when you visit these folks.

LAMCOS BOOTH AT RIVER FEST

Bandera’s River Fest will be held in the Bandera River Park Saturday, May 15. John Bisset, owner of the Radio Shack in Bandera, has offered his booth for promotion of the LAMCOS yearly Medina River Clean up. If you attend the event that day, drop by and thank him, as well. Bob Brischetto, clean-up coordinator, is furnishing pictures of past clean-ups and LAMCOS will offer information about our goals and achievements for public information, as well.

MISSING BOAT

Following our recent storms, quite a few boats left their harbors and were distributed about the lake randomly. Some have been recovered. However, one LAMCOS member has reported the loss of his boat – an 8 to 10 foot green jon boat – from its moorings in Elm Creek Cove. If you know of such a boat and its whereabouts, please call Anne Dale at (830) 612-2090 or email adale@flash.net. The owner would be grateful to retrieve his boat.

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4 May 2004

LAMCOS Board met Sunday afternoon and decided to postpone the May 8 River Clean up. The Medina River is flowing too swiftly for the safety of those in boats, according to the Parks and Wildlife personnel familiar with the river. The concensus of others who are on the river often and are capable of predicting the swiftness of the decline of the rate of flow was in agreement. The Coordinator of the clean up, Bob Brischetto, is already at work, contacting the newspapers and also the potential boaters in order to find the best date for the paticipants.

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CHOCK FULL OF WATER

The storm of April 23rd at Medina Lake and in the upper water shed brought more water into the lake. It had been flowing over the spillway since the Easter weekend storm. Now it is up even more, but not dangerously, it appears. The median cubic feet per second (cfs) reading of the USGS flow gage in Bandera near the Hwy 173 bridge is 68.0 cubic feet per second (cfs). At 3:45 a.m. on the 24th it read 3,740 cfs and at 8:45 a.m. it read 1,130 cfs. More water coming!!

During such storms as we had Easter weekend and on the 23rd , there are almost always a boat or two (or even a dock) that is blown out into the lake. If you lose your boat or dock in this way – or you see one where it’s not supposed to be, you might call the sheriff’s office or the Parks and Wildlife Department. If you let us know via email or telephone, we will send out an email to all our members to help object and owner to come into contact. Parks and Wildlife: (830) 931-2133. Bandera Sheriff: 796-3771(emergency). Medina County Sheriff: 741-6150.

BANDERA GOVERNMENT RESOLUTIONS AID WPOA

The Bandera County Commissioner’s Court last week passed a resolution in support of the WPOA in their lawsuit against BMA’s attempt to claim ownership of lands on which private homes have been for decades. The Court’s support follows that of two other Bandera County entities. Both the Bandera Independent School Board and the Bandera County River Authority and Groundwater District have passed similar resolutions.

WHAT’S HAPPENING WITH THE WPOA SUIT

BMA had asked for a preliminary hearing in District Court concerning the case brought against them by WPOA. The hearing was to have been Monday, April 19. BMA wished to argue for a change of venue, allowing the case to be tried in Medina County rather than Bandera County. However, after seeking the April 19th date, BMA asked for a postponement till a later date. WPOA filed the petition for Declaratory Judgment in the 216th Judicial District Court in Bandera in January of 2004. For further information please see the WPOA website at www.mlwpoa.com

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14 April 2004

LAMCOS MEDINA RIVER CLEAN UP

Plans and preparations are underway for the fourth annual LAMCOS sponsored Medina River clean up on May 8, 2004. This year’s clean up is dedicated to the memory of Maurice “Pete” Peterson, who was such an enthusiastic supporter and participant of the earlier three clean ups. The City of Bandera has again granted us use of their River Park as headquarters and camping site for those coming from across Texas who wish to camp Friday or Saturday night. Volunteers have boated the river to check for any danger spots and will continue to do so up until the date of the event. Other volunteers are planning the Bar B Que meal to be served at the end of the clean up. Some are working on a musical presentation by Lee Hail and Floyd Hicks and the awarding of a prize for the most outstanding piece of trash turned in. The Bandera County Judge and members of the Bandera Commissioner’s Court, a well as the president of the Board of the Bandera County River Authority and Groundwater district and the Mayor of Bandera will serve as judges for the trash contest. If you can volunteer to help in any way, please contact the coordinator, Bob Brischetto via email at brischetto@wireweb.net or by phone at (830) 612-3643 or Anne Dale at adale@flash.net or (830) 612-2090.

This year quite a few contributors have helped LAMCOS is this effort: Dan Anderson, Bandera Bank, Bandera County River Authority and Groundwater District (BCRAGD), Bandera True Value, Billy Gene’s Restaurant, Busbee’s Bar.B.Q., Frances Fields, Gay Guilott Realty, Gray Realty, Charles and Cindy Harrington, Joe and Cindy McMillan, Nolen Pool Service, OST Restaurant, Lamar and Terry Seale, Shoe Biz, Stagecoach Realty, Texas River Protection Association, T G Canoe Livery, Unity Group, Bill Walker, and Western Title. LAMCOS is grateful to each for their support.

BANDERA COUNTY COMMISSIONER’S CONSIDER RESOLUTION

The Bandera County Commissioner’s Court will hold a special meeting on Thursday, April 15 in the Bandera Courthouse at 10 AM. Item number 2 on their agenda is to Review and consider for Action, a resolution in support of the Waterfront Property Owners Association’s lawsuit against BMA. If you can attend this meeting, it would help to show our support for this action. Such a resolution on the part of the County Commissioners would lend weight to WPOA’s argument in Court.

BANDERA EMERGENCY MANAGEMENT CENTER

According to Ralph Dresser, Bandera County Emergency Coordinator, an Emergency Operation Center (EOC) has been set up in a portion of the old Silver Sage Senior Center in Bandera to provide County and City Leaders a facility to monitor, present, record, direct or coordinate actions between local, state and federal agencies during any emergency. The EOC gets direct input from the Bandera Sheriff, his Deputies, Volunteer Fire Fighters and other citizens positioned at various trouble spots across the County. Radios, phones, computers and maps are then used to keep leaders and concerned citizens informed on current status. During the heavy rains of the week before Easter, the EOC was activated 3 times to closely monitor the Medina and Sabinal Rivers. Using historical data, past experiences and USGS installed monitoring equipment while in direct communication with the National Weather Service, good predictions can be made on potential threats such as flood water rise up to 6 hours before the event. These Warnings are used to alert down stream communities in Bandera, Medina and Bexar Counties.

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19 March 2004

NEWS UPDATE FROM WPOA

The WPOA First Annual General Membership Meeting will be held at the Hill Country Elementary School on Wednesday, March 24th @ 7:00 p.m.

Our featured speaker will be Steve Rogers, WPOA attorney.

Check out our website: www.mlwpoa.com - among many other things on the site, it has the Petition for Declaratory Judgment that was filed in Bandera County against BMA and now the First Amended Petition.

In an effort to save money, WPOA would like to send out announcements, news, updates, etc....via e-mail and post on the website versus often-times expensive mail-outs, therefore we would like all members and those interested in becoming members to send in or reconfirm their e-mail addresses with us. It can be sent to: WPOA@hotmail.com. Also, include your name and the physical address of your place on the lake.

If you know of anyone who does not have access to the internet please let us know. Please share this information with friends or neighbors who would benefit by being a member of WPOA.

If you have received this e-mail in error, or more than once, please accept our apology and let us know so we can fix it.

Thank you and we hope to see you at the meeting on the 24th!!

If you have any questions please e-mail them to us: WPOA@hotmail.com

DAM VALVE UPDATE

For some time now, the newly installed valves in Medina Lake Dam have been allowing a rather large amount of water to escape and flow down the river. This may not be the case much longer.

Bexar Met undertook the repairs of the dam last year (as per their contract with BMA to purchase water). Part of the repairs included the placement of a 36” valve and a 48” valve. Problems started when the valves were torqued, causing a leakage which could not be corrected with the valves in place. Bexar Met has now taken steps to correct the situation by replacing the current valves. They have ordered that the 36” valve be rebuilt and then installed by ASI Engineering. They have sent the 48” valve back to the manufacturer and have ordered a new one from a different manufacturer. The 36” rebuilt valve is to be installed within the next 2 weeks. More on this matter later.

BEXAR MET TESTS THE SYSTEM

Bexar Met Water District has a contract to purchase water from BMA (from Medina Lake) to then sell to their customers. The plan is to deliver the water to Bexar Met’s purification plant in Von Ormy – 50 miles down the Medina River from the lake. The delivery is to be made by allowing the water into the BMA canal and then into the river through Siphon # 2.

This past month water was allowed to run through this system so that Bexar Met could measure the amount of time it would take to reach their facility. However, the water was not taken into their plant, but allowed to flow on down the river. Therefore, no amount of water has yet been claimed by them.

FYI

The Lakehills United Methodist Church will hold their annual Fish Fry at the Lakehills Civic Center on Saturday, March 20 at noon.

Mico Volunteer Fire Department will be the site of a Health Fair on Saturday, March 27 from 9 till 12 noon. The following is from them:

.e will have FREE!!! cholesterol checks, blood sugar checks, blood pressure checks, blood oxygen checks, information from American Red Cross, Alzheimers Association, Dr. Leland, Gonzaba Medical Group, So. Tx. Blood and Tissue Center (For donating blood from 11am-2pm recieve a free T-shirt), elder care, home health, pediatric care, insurance information, food delivery by Schwann, and medical equipment and drug information.

Safety kits, homeland safety kits, disaster kits, finger printing, gun and hunting safety. And in keeping with our circus theme , we will have a dunking booth, fishing booth, popcorn, clowns, baloons, and many fun opportunities for kids of all ages to enjoy this health and safety fair.

(Sorry about the format, but thought you’d like to have the info.)

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March 9 2004

CHANGES ON LAMCOS BOARD

A.J. Bourquin joined the LAMCOS board to take the place of Tom Fett, who resigned last November. At the last LAMCOS Board meeting Pat Pizzini and Linda Bachmeier handed in their resignations. Both of them have been serving on the WPOA Board, as well, for about a year. WPOA or Waterfront Property Owner’s Association was formed to protect property owners being threatened by BMA’s attempts to claim the property below the 1084 msl as their own. They have both been working on the legal process that goes with filing a suit for a declaratory judgment. This work has left little time for them to work on LAMCOS undertakings. LAMCOS has long profited from the input of these board members who have given many hours of work for the organization.

At the last board meeting, LAMCOS board members accepted their resignations and voted to replace Pat and Linda with Jim Hennigar and Don Sloan. Jim and Don have accepted our invitation to be on the board. At present, the LAMCOS Board consists of AJ Bourquin, Anne Dale, Jim Hannah, Jim Hennigar, Don Sloan and Charlotte Walters.

MEDINA RIVER CLEAN UP DEDICATED TO PETE PETERSON’S MEMORY

The fourth annual Medina River Clean up this year will be dedicated to the memory of one of its most endearing participants in past years. Maurice “Pete” Peterson was always ready to take part in the heaviest and most difficult jobs in the clean up. His enthusiasm and dedication to the community, his family, his church and LAMCOS made him a special man for all who knew him.

The Medina River Clean up will take place Saturday, May 8, 2004 in the River Park in Bandera. Bob Brischetto is chairman of this event. We would like to have more volunteers from LAMCOS members and other to help with this effort. If you think you could help prepare food, sign in paddlers, launch and recover paddlers along the river, and retrieve the trash they’ve picked up…or in any other way, we would be delighted to have you. It is, after all, a fun event. To volunteer or to get further information , please call Anne Dale at 830-612-2090 or Bob Brischetto at 830-612- . More to come on this.

POWER LINE MEETING

Thursday night, March 11 at 7 PM there will be a meeting for all interested parties to learn about the proposal to bring the large transmission line which had been planned for Hwy 211 through the Medina Lake area. If you are interested, the meeting will be at the Mico Volunteer Fire Department on C.R. 271 about a mile from the dam. Bandera Electric officials will be present, and LCRA officials have been invited to attend.

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25 Feb. 2004

BMA’S DIVERSION FROM MEDINA LAKE

The South Texas Water Master reported to LAMCOS that BMA used 24,157 acre feet of water for irrigation from Medina Lake in 2003. BMA’s amended permit from the state allows them to take 46,000 afy (acre feet per year) for irrigation. He also reports that BMA’s projected usage from January 1 of this year through February as reported by BMA is 1,477.400 acre feet. BMA is allowed by their permit to take about 66,000 afy , 46,000 afy for irrigation and about 20,000 afy for municipal sales (Bexar Met and others) Bexar Met has not begun yet to take water from Medina Lake for their treatment plant in Von Ormy.

FOURTH ANNUAL MEDINA RIVER CLEAN UP

LAMCOS has voted to sponsor the Medina River Clean Up again this year. It will be held on May 8, 2004 and headquartered in the Bandera City River Park, as part of National River Cleanup Week. Last year 170 people took part in the clean up.

Bandera County and BexarMet recently completed a cleanup of six miles of the river above and below the City of Bandera and removed some 300 trash containers of debris with $339,562 ( 75% of it was federal dollars) The Medina River Cleanup on May 8 will cover 50 miles of river in an all-volunteer effort. The goal is to stimulate community-wide participation in keeping our waterways clean.

A planning meeting for the clean up is being held on Saturday, February 28 at 10 a.m. in the Bandera Library across the street from the courthouse. If you would care to help in the planning or in any aspect of the work, you are invited to attend. Coffee and breakfast tacos will be served to those attending. Please RSVP to Bob at 612-3643 or by email to brischetto@wireweb.net <mailto:brischetto@wireweb.net>. We will need many volunteers to work on this.

WPOA WEBSITE

Have you looked at the WPOA website yet? The URL is www.mlwpoa.com <http://www.mlwpoa.com>. They continue to add features. One recent addition to their site (under Links) is the TerraServer-USA website. It is one of the world's largest online databases, providing free public access to a vast data store of maps and aerial photographs of the United States. You may zoom in to find your own location. Also, under the Medina Lake Pictures, Maps, Surveys, etc. the website has a map of Medina Lake surveys with numbers where you can check survey numbers for your property. In addition, you may also email WPOA directly from the website with any questions, comments, or concerns.

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2 Feb 2004

MEET THE CANDIDATES

The Mico Volunteer Fire Department is sponsoring a meeting for area people to meet the candidates running in Medina County for office. This opportunity to get to know those who wish to be elected will take place on Thursday 5, 2004 at the Main Fire Station in downtown Mico at 7:30 PM.

NEW STATE LAWS NOW BEING ENFORCED

LAMCOS member, Constable Ernie Reich of Lakehills, sent us this timely information:

To: All Bandera County And Texas Residents

Subject: New Traffic Laws Alert

Below is a reminder of recently passed traffic laws that law enforcement officers throughout Texas are beginning to enforce. Many of these laws have received very little publicity and a number of drivers have received tickets for violations they were not aware of.

I trust this will be of some use as you travel about Bandera County and Texas.

Sincerely,

Ernest Reich, Constable, Pct. 2

Bandera County, Texas

NEW LAWS THAT MAY HAVE AN IMPACT UPON YOUR TRAVELS

SB 45 makes it a state jail felony to drive while intoxicated with a passenger younger than 15.

SB 193 requires drivers nearing a stopped emergency vehicle that has lights activated, unless otherwise directed by a law enforcement officer, to:

* Vacate the lane closest to the emergency vehicle, if the highway has two or more lanes traveling the direction of the emergency vehicle; or

* Slow to a speed not more than 20 miles per hour (mph) less than the posted speed limit when the posted speed limit is 25 mph or more; or

* Slow to a speed not more than five mph when the posted speed limit is less than 25 mph.

* A violation is a punishable by a maximum fine of $200. If the violation results in property damage, the maximum fine increases to $500.

Having a video display that is visible from the drivers seat is illegal.

SB 209 expands the definition of video receiving equipment to include digital videodisc players, videocassette players or similar equipment. This equipment may be used only if it is located so that the video display is not visible from the operator's seat.

HB 1326 automatically suspends for one year the driver license of anyone convicted of illegally racing on a public roadway. Before the license can be reinstated, the driver would have to complete 10 hours of community service.

SB 439 makes it illegal to add reflective material, lights, emblems or anything else that changes the color of the license plate or makes it difficult to read the letters on the license plate. The name of the state where the vehicle is registered must be visible.

HB 292 strengthens an existing law and allows a police office to have a blood or breath alcohol sample taken from a driver involved in an alcohol-related crash that kills or seriously injures another person, either in a motor vehicle or a boat.

SB 895 requires that a parent or family member participating in the Parent-Taught Driver Education Program have a valid license for the previous three years. The license cannot have been suspended, revoked or forfeited during the past three years for traffic-related violations.

HB 1330 allows an applicant to voluntarily list on their driver license or identification card any health condition that might impede communication with peace officers.

HB 281 DID NOT PASS

This bill would have outlawed talking on a cell phone while driving-or without using a hands-free device. IT DID NOT PASS.

These bills can be found at http://www.capitol.state.tx.uswww.capitol.state.tx.us. You should select the enrolled version.

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January 27 2004

Maurice "Pete" Peterson died today and left us with a greater appreciation of our lives on Medina Lake. We will remember Pete for his stewardship of Medina Lake.

* When the water in the lake was in jeopardy, Pete was there to support LAMCOS in our fight to achieve a minimum lake level.

* When the quality of our water was in question, Pete was there to test it.

* When careless revelers trashed the roads and the river, Pete was there to organize cleanups.

* When the catfish near his dock would stir and splash for his attention,Pete was there to feed them.

* When a novice was in search of the best spot to fish, Pete was there guiding with his pontoon boat.

His wife Linda was with him through good times and bad. For the past year when Pete learned he had melanoma, she ushered him through what must have been the most difficult battery of cancer treatment one can imagine. His struggle to continue his life on the lake with Linda ended today at his home surrounded by those he loved. As Pete is laid to rest this week, let's be there for him and for his family.With much appreciation for his life and legacy,

Bob Brischetto

Pete Peterson served on the LAMCOS Board - as did Bob Brischetto. Bob has expressed what we all feel. Funeral plans will be announced later.

Thursday, January 29, 2004 at 6 PM there will be viewing at the Lakehills United Methodist Church, followed at 7 by a Celebration of his life, and then a reception.

On Friday , January 30 at 10 AM the funeral services will be held at Concordia Lutheran Church (Not Zion ) 16801 Huebner at 1604. Burial will follow at Pipe Creek and then a reception at the Lakehills Community Center.

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NEWS FROM WPOA

The WPOA Board has asked that the following information be sent out concerning their new website and the announcement of the filing of a petition to bring suit against BMA concerning private property rights below the 1084.

http://www.mlwpoa.org/

The link above is to the new Waterfront Property Owners Association (WPOA) web-site. We are still building it and will continue to add items often.

WPOA has filed a Petition (1/22/04) against BMA in Bandera County asking for Declaratory Judgment / Relief. You may view the petition on the web-site under latest news updates or under the Letters, Appeals, Petitions.

If you receive this e-mail more than once please accept our apologies, and let us know so we can correct it. We are working on e-mails also.

We would like to e-mail as much as possible to save time and especially money. If you know of anyone who is interested but is not a member or does not have e-mail access please let us know.

WPOA@hotmail.com or anidemdragon@yahoo.com

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Jan 14 2004

LAMCOS UPDATE

MEDINA FLOOD STUDY

The Texas Water Development Board’s Medina River Flood Study group met in Bandera

On December 18, 2003. The engineering firm of URS presented an explanation of their work on the safety of the dam and the flood warning system being developed to aid in early warnings from the town of Bandera down through Medina Lake and on to those on the river below Medina Lake. The intention is to be able to predict the time between a rainfall in the water shed above and the time the water from that rainfall reaches the river. The rainfall data being used was from that of rainfall in Hunt, Texas (which flows into the Guadalupe River. Fortunately, the Bandera County River Authority, who is participating in the study, was able to supply them with better rainfall data from the area being studied (The upper Medina Water Shed).

The next meeting of the Flood Study group will be held in Castroville on Thursday, January 15 in the Castroville City Council Room of the Castroville City Hall. The technical meeting will be at 4 PM and the Public Meeting will be at 6 PM. The public is welcome to attend both meetings. Members of the Texas Water Board, the San Antonio River Authority , San Antonio Flood Control Office and others will hear Jeff Irvin, the engineer from URS firm, report on his work at 4:00 PM . Mr. Irvin will then make his public presentation at 6 PM. We found the technical session to be quite useful, as there were questions of interest from the attending technical people which helped us understand the public presentation made later. If you would like to attend either or both sessions, the City Hall in Castroville is at 1209 Fiorella Street. Coming from San Antonio or the lake on Hwy 90, Fiorella is the second street from the bridge over the Medina River. Turn right onto Fiorella by the Broadway Bank. Drive past the Lutheran Church. The City Hall is on the right in the next block. Hope to see you there.

RESOLUTION OF THE BOARD OF DIRECTORS OF THE BANDERA COUNTY RIVER AUTHORITY AND GROUNDWATER DISTRICT.

On January 8, 2004 the Bandera River Authority and Groundwater District (BCRAGD) passed a resolution stating their intention to join with Bandera County to draft regulations to protect and preserve Medina Lake. This follows much work on their part to ascertain what authority they might have to take this position. LAMCOS wishes to thank the BCRAGD and the Bandera County Judge and Bandera County Commissioners for assuming this responsibility. LAMCOS appealed to the BCRAGD earlier to take on the role, and we are gratified at their response and also of that of the Bandera County officials.

UPDATE ON DAM VALVE REPAIRS

As you may have seen in the San Antonio Express (1/13/04), contractors are still having trouble with the new valves on the Medina Dam tunnels which release water down river when opened.. The Express report stated that, when closed, the new valve leaks about 1500 gallons per minute. A rough estimate done with old fashioned pencil and paper indicates that this means about 2,409 acre feet would be lost each year if this leakage continues. No doubt the problem will be corrected, but in the meantime about 6.6 acre feet per day of Medina Lake water is being released from this one (of 2) tunnels. ( More on this after we do further research.) We are also looking into the amount of water leaving the lake via leaks around the dam. We are checking with the USGS and the South Texas Water Master among others.

REMEMBER:

MEDINA LAKE FLOOD STUDY

CASTROVILLE CITY HALL THURSDAY, JANUARY 15, 2004

TECHNICAL MEETING 4:00 PM

PUBLIC MEETING 6:00 PM

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LAMCOS UPDATE
17 Dec 2003

FLOOD STUDY UNDER WAY

Following the flood of 2001, the Texas Commission on Environmental Quality (TCEQ) mandated that the BMA take several steps to assure the safety of their dam and to help prevent flood damage in the future. As part of that decree, the Texas Water Development Board (TWDB) is sponsoring a Flood Protection Planning Study. Participants in this study are San Antonio River Authority (SARA), Bexar, Medina, Atascosa Water Control and Improvement District No. 1 (BMA) and Bandera River Authority and Groundwater District (BCRAGD ). This study is underway. There will be a Technical meeting of the group from 4 PM till 6 PM at the BCRAGD offices in Bandera. (The old Bandera Jail near the intersection of Hwy 16 and Hwy 173) to be followed immediately by a Public Hearing. The public is welcome to attend both sessions.

LAMCOS HAS NEW OFFICERS

LAMCOS board met on December 13 and elected the following officers to serve for the year 2004. President, Anne Dale: Vice President, Jim Hannah: Secretary, Linda Bachmeier and Treasurer, Pat Pizzini

IRRIGATION USAGE BY BMA FOR THE YEAR 2003

According to the South Texas Water Master, the amount of water withdrawn from Medina Lake by BMA into their canals for irrigation use through November 25, 2003 is 22,060 acre feet. This amount leaves a balance of 23,790 acre feet in their yearly permitted amount for irrigation which will go unused. The state- issued permit for BMA is almost 66,000 acre feet per year, with 45,856 acre feet designated for irrigation and about 20,000 acre feet for municipal use. Bexar Met has a contract for municipal water of about 9,000 acre feet per year. However, they have not yet begun to remove that water from the lake.

USGS REPORT ON MEDINA LAKE

USGS geologists have reported to LAMCOS that the data is all gathered in their recent study of the hydrologic budget of Medina Lake. As you may recall, they have been measuring the amount of water which enters the lake and the amount that is removed as a result of BMA's withdrawal, evaporation and seepage. The purpose is to determine the amount of water that enters the Edwards Aquifer in the form of recharge from the lake. These figures are now in the hands of the Edwards Aquifer Authority and will be made public soon. (That is, the fact sheets are ready. The full report will take much longer to complete.).

BEXAR MET BOARD HAS TWO NEW MEMBERS

There are two new representatives on the Bexar Met Board. These two men represent rate-payers in two districts and were backed by a large group of their neighbors who were concerned about the expansionist goals and the financial condition of the water district, as well as the high rates being charged their customers.

In this last Bexar Met Board Meeting, the following decisions of interest to those of us at Medina Lake were:

1. Bexar Met will not assist BMA in the funding of a patrol on Medina Lake to report on new construction activities.

2. Bexar Met will discontinue their independently sponsored study of the purity of Medina Lake water after receiving the first report, which showed the water in the lake to be of high quality.

3. Bexar Met will not pay the estimated cost of $80,000 for the pumps used by BMA to obtain irrigation water from the lake during the period when Bexar Met was working on the dam gates, which were closed. (BMA felt that the need for the pumps was caused by Bexar Met's timing of their repair work). Bexar Met studied their responsibilities and concluded that, since BMA had representatives at each of their planning sessions for the work and never openly disagreed with their plans, t Bexar Met should not be held responsible for the problem.

4. Bexar Met completed a study of the liability problem of possible flooding of private property above the 1084 if the dam spillway were to be raised. They recommended that no addition to the height of the spillway be undertaken.

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18 Nov 2003

NEW VALVES IN DAM LEAK

An article in the San Antonio Express News last week concerned newly installed valves on the Medina Lake Dam, which are leaking. Almost a million dollars was spent to repair or replace the old valves. The solution apparently will be brought about by either the valve manufacturer or the contractor that installed the valves. It is important to note that the leakage is considered to be an insignificant amount of loss and it presents no danger to the integrity of the dam.

LAMCOS BOARD MEETING

On November 4 LAMCOS held their board meeting in the library of the Hill Country Elementary School. It was attended by Jim Chastain and Ron Soloman of the Bandera River Authority Board. Jim Chastain, president of that body, announced that he had appointed a new rules committee to create rules for the newly active Bandera River Authority. This will add strength in their ability to actually reign as the governing body over the Bandera County portion of the lake. LAMCOS appreciates their concern and interest in our need to have them, a local entity, exercise authority over that body of water, rather than outside entities such as BMA or Bexar Met (who are both seeking to obtain jurisdictional control over the lake) or any other such group in which those of us who live here have no representation.

WPOA MEETING

The Waterfront Property Owner’s Association (WPOA) held a meeting Saturday, November 15. The group’s attorney, Steve Rogers, presented their plan to take action against the threats of BMA toward homeowners below the 1084 msl around the lake. BMA has long threatened to sue for ownership, believing that they own the land on which such structures are built. After a thorough study of the laws involved and the deeds and court actions concerning such ownership, Mr. Rogers has proposed that WPOA petition the District Court for a Declaratory Judgment. This action will probably be taken within the month. Such a petition asks the court to determine the truth of the claims made by BMA. It is recognized that whatever the outcome of the District Court judgment, it will be contested by either BMA or WPOA at the appellate level and maybe even at the Texas Supreme Court level. After almost 90 years of threats from BMA and recent suits brought by them against 3 families over the ownership of the land on which their homes are situated, action is now being taken to counteract this threat. It is hoped that all citizens around the lake will support this action by WPOA.

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7 Nov 2003

WPOA MEETING

The Waterfront Property Owners' Association (WPOA) will hold an important membership meeting on Saturday, November 15 at 10 AM at the Lakehills Civic Center.

Their attorney, Steve Rogers, will discuss the legal options he feels are open to give relief from the BMA threats to their ownership.

The Civic Center is on Park Road 37 about 3 miles toward the lake from FM 1283.

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LAMCOS BULLETIN

November 3, 2003

LAMCOS Board will meet in the library of the Hill Country Elementary School on Tuesday, November 5, 2003 at 7:00 PM. Members are cordially invited to attend. Officers for the next year will be elected at this time.

The annual LAMCOS Membership business meeting was held October 20 . Besides reports on the activities of the past year, Jim Hannah and Linda Bachmeier were elected to serve for three more years on LAMCOS’ Board..

The Job Description for a BMA employee who will “observe” from a boat any new “encroachment” on Medina Lake indicates that the job itself is much more extensive. This employee will live near the Diversion Lake and has responsibility for being a presence on the Medina Dam and caring for Diversion Dam and some miles of the canal below it. His duty to cruise the lake turns out to be either once a week or once a month, at which time he is to report any new building below the 1084. As BMA has no jurisdiction on the lake, he will have no powers of enforcement and will merely report what he observes to Board of BMA..

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7 October 2003

L A M C O S

Lake Medina Conservation Society

Dedicated to the Welfare of Medina Lake

Tom Fett President

Charlotte Walters Vice President

Anne Dale Secretary

Pat Pizzini Treasurer

Board Members: Linda Bachmeier & Jim Hannah

GENERAL MEMBERSHIP MEETING: Monday October 20, 2003 @ Civic Center

6:30 PM - Covered Dish Refreshments 7:00PM - Meeting

Message from the President, Tom Fett: Fall has come and the residents have the Lake to our selves for several months. It has been an eventful year to date. Your Board has worked hard to make the Medina Lake area a better place to live and enjoy. We have also worked hard to try to keep you informed about events that will affect your lives here at the Lake.

As most of you are aware the BMA is once again trying to exercise extensive control over Medina Lake. In direct contradiction to various court rulings and the several of the deeds their predecessors in title signed; they erroneously believe they have the authority to regulate property rights, septic tanks, boat docks and ramps, etc. The Waterfront Property Owner’s Association (WPOA) is working very hard to keep the BMA from overturning the 90 plus years of the established sharing of rights and responsibilities by both sides of this. The WPOA and their legal team are at a critical juncture in the legal battle and will be letting us all know their course of action as soon as possible. To inquire about these matters, please see the contacts listed below.

LAMCOS’s job of serving the interests of Medina Lake and the promotion of the general welfare of area residents continues. There is much to be done.

Our General Membership Meeting will be held on 7 PM Monday, October 20th at the Lakehills Civic Center on Park Road 37. We will elect two new directors and welcome nominations from the floor.

The Nominating Committee has nominated current board members Linda Bachmeier and Jim Hannah to run for the two expiring Director’s positions.

We also urgently need volunteers to step up and offer to help with committees and the various projects that we undertake throughout the year. It is our belief that LAMCOS will be here doing what we can to improve the lives of our neighbors and friends long after the current problems with BMA have been resolved. We continue to need your help and financial support.

Please join us at the meeting for a covered dish and some good Medina Lake fellowship.

In light of the recent activities of the BMA, it is even more important that our “Medina Lake community” sticks together. All of us on the Board hope to see you at the upcoming meeting.

WPOA CONTACT: PO Box 311, Lakehills, TX 78063

WPOA President Dave Bowman

WPOA Secretary Linda Bachmeier

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10 October 2003

LamcosUpdatesWORK ON THE DAM AND SPILLWAY

Work on the gates of the Medina Dam is still incomplete, but should be done sometime this month, according to Chau Vo, head of the Dam Safety Division of the TCEQ. One of the original three tunnels has been permanently closed. New gates on the other two reconstructed tunnels are now in. Mr. Vo reports that the new gates will not close completely, so that there will be some leakage. LAMCOS will receive a copy of the final report by the engineering firm responsible for the repairs when it is sent to the TCEQ.

Work has begun on the repairs of the notch cut by BMA in the spillway. According to Chau Vo, plans for the repair work have been approved by the TCEQ now and include pouring concrete into the opened space.

YET ANOTHER REPORT DECLARES THE LAKE FREE OF POLLUTION

Bexar Met Water District hired an engineering firm to conduct a study of the quality of water upstream and downstream of the lake. The rough draft of the report declares that the quality of the water is very high. Medina Lake is said to be “poor in nutrients” which is good for water quality. Medina Lake has been tested by TCEQ, Bandera River Authority, USGS and the San Antonio River Authority recently and all of these have come to the same conclusion – Medina Lake is free of pollution. BMA and Bexar Met continue to characterize the lake as “polluted”.

RAISING THE SPILLWAY

Bexar Met agreed (in their 1999 contract for water with the BMA) to conduct a study of the feasibility of raising the spillway. At a recent joint meeting of the two entities, BMA was told by Bexar Met that they wish to rethink this idea and would prefer to use the committed money in some other manner or to remove or delete that portion of the agreement. BMA was not willing to give up this portion of the contract. The outcome was that Bexar Met will follow through on their agreement and conduct an in house study of all factors bearing on feasibility of raising the spillway.

BMA PLANS SURVEILLANCE AT MEDINA LAKE

BMA plans to hire the URS Engineering Firm to conduct a study of possible non-compliant septic tanks around Medina Lake. Both counties bordering Medina Lake have responsibility for compliance with State Regulations concerning septic tanks. LAMCOS believes that the counties should be made aware of true non-compliance. The law is specific concerning this matter and gives the responsibility for oversight to each county.

BMA is considering, as well, the possibility of hiring an employee to regularly patrol the lake in a boat with the purpose of reporting on any activity (building of peninsulas, placing dirt in the lake or just “ building”) which BMA considers undesirable or possibly illegal. .

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LAMCOS NEWS BULLETIN – SEPTEMBER 6. 2003

LAMCOS BOARD MEETING

LAMCOS’ board will meet on Tuesday, September 9 at 7:00 PM in the room behind the sanctuary of the United Methodist Church in Lakehills. Members are welcome to attend.

BMA BOARD MEETING

BMA will hold their monthly board meeting in their office at 226 Hwy 132 in Natalia, Texas at 5:00 PM on Monday, September 8. As the BMA is a taxing entity, their meetings are, by law, open to the public. Matters concerning Medina Lake and/or the dam are mentioned in several agenda items. The management committee report and the field manager’s report will present information on repairs to the dam and the spillway cup and will include information on the adjudicated water balance of water available from Medina Lake. Agenda Item 9 appears thusly on the agenda “Discuss and take action on proposal by URS Engineering for septic compliance at Medina Lake.” Item 10 will include information from Ed Hecker, attorney hired by BMA for litigation purposes at Medina Lake.

PRIVATE PROPERTY ISSUES

One LAMCOS member with waterfront property has reported that a team of 4 men arrived by boat , landed and began surveying below their property (below the 1072). We are advised by Sheriff McMillan of Bandera County that we have the right, in an instance such as this, to ask for their names and their reason for being there. We should take a picture of them and, if possible, get the number on the boat. You may ask them to leave. You may call the sheriff's office and a deputy will be dispatched to look into the matter.

WPOA

Everyone is anxious to hear the recommendations from the lawyers hired by WPOA in regard to waterfront property ownership. The attorneys have been studying the large amount of material such as deeds and court judgments gathered by hard-working WPOA members, as well as studying case histories in preparation for offering their best advice to the organization before a decision on any action is taken. WPOA has been told the attorneys should be ready to meet with them very soon. It is fortunate that legal help has been found that seems to be thorough and unrushed in their approach to this problem.

ON THE LIGHTER SIDE

We have had a report of a Miconian (a resident of Mico) goose on the loose. Lucy belongs to Fred and Pat Pizzini in Mico, but has become a free-floating goose of late and has been most recently seen in Angel Cove, cavorting with some brown ducks there. The Pizzinis miss her, but are resigned to her wandering nature. It is hoped that all who come in contact with Lucy will treat her well and leave her unharmed until she decides to return to her home near the dam.

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