The lake level was significantly lower after a spillgate failure last year on Lake Dunlap.
(Seguin) — A much anticipated settlement agreement has been reached between some lakefront property owners and GBRA. According to a press release issued Thursday by the Guadalupe-Blanco River Authority, GBRA reached an agreement with property owners from lakes McQueeney and Placid.
Kevin Skonnord, president of Citizens United for Lake Placid (CULP), says they are excited to finally have an agreement in place that will allow the hydroelectric dams to be replaced, and that will save the local lakes for future generations.
“We spent a lot of time working towards this all the way back to the inception of our lawsuit. Our lawsuit was always intended to drive results to get to a solution, and GBRA thankfully approached our lawsuit and took it in the spirit that it was and it resulted in us getting a lot of things done that actually allows us to start working on fixing the problem versus just talking about who is to blame for the problem,” said Skonnord.
The settlement now anticipates the execution of comprehensive financing and operation contracts between GBRA and the newly created Water Control Improvement Districts (WCIDs) on each lake. These contracts will address the specifics of the spillgate replacement and dam repair. Per the settlement agreement, GBRA will continue maintaining the current operating levels on each lake until work begins on the spillgate replacement and repairs on the dams.
GBRA General Manager and CEO Kevin Patteson says the settlement agreement is a testament to the results that can be achieved when everyone works together towards a common goal.
GBRA General Manager and CEO Kevin Patteson addresses his board of directors during a meeting held last year in Seguin.
“We appreciate the partnership, dialogue, and collaboration of the residents and lake associations throughout the process,” said Patteson.
The financing and operation agreements are in the process of being developed for those two lakes. The GBRA Board of Directors has authorized Patteson to finalize negotiations and execute funding and operation contracts with the Lake McQueeney WCID and the Lake Placid WCID.
Skonnord says this has been an emotionally charged issue, and it wasn’t always easy for people to keep those emotions in check. But he says they worked together to come up with this solution that will protect the lakes.
“We had a number of people involved but our attorneys, number one, did a really good job of keeping people focused on what we were trying to do and the facts of what was available to us. It helped that GBRA definitely stepped up and put their best foot forward in trying to reach a settlement to help move toward the end goal of fixing the spill gates and ultimately, I think for everyone involved, as you said, it was just a lot of, in a sense, fake it till you make it, to stay positive and just trust that if you keep working on it and you stay positive, you are going to get to a good result,” said Skonnord.
GBRA has already finalized a financing and operation contract for spillgate replacement and repairs on the Lake Dunlap Dam with the Lake Dunlap WCID. The contract has been submitted to the Texas Commission on Environmental Quality (TCEQ) for final review and approval. The financing and operation agreement fulfills the aims of GBRA and Lake Dunlap property owners expressed in memorandum of understanding between GBRA and the Preserve Lake Dunlap Association (PLDA), which was signed in October 2019.
In anticipation of reaching agreement with the WCIDs, GBRA has applied for zero interest and low-interest loans from the Texas Water Development Board (TWDB) for the replacement and repair projects. Bonds will be issued by GBRA for the project and debt service for the individual projects on each lake will be paid for by a pledge of tax revenues from taxpayers on those lakes.
GBRA will commit revenues from the sale of hydroelectric power at each lake to the WCID on that lake going forward. These revenues will be available to the WCIDs for debt service, operation and maintenance costs and other lawful purposes. Once the spillgate replacement and other necessary repairs are complete, GBRA will continue to perform the operations and maintenance of the dams.
Meanwhile, Water Control Improvement Districts are moving toward voter confirmation elections in the fall. Lake Dunlap WCID was created in February 2020 and is moving toward a voter confirmation election in November 2020. The Lake McQueeney WCID was created effective April 2020 and will appear on the ballot for voter confirmation in November 2020. The Guadalupe County Commissioners Court recently approved the creation of the Lake Placid WCID, and a voter confirmation election will also occur in November 2020.
Voters will ultimately need to allow the WCIDs to move forward. Skonnord, who was hesistant to talk much about the WCID elections, says the districts will also be a critical part of this issue going forward.
“You know I have to tread lightly because I’m not a president of the WCIDs, and I can only say certain things, but I would say that I don’t think anyone is taking anything for granted. There’s still a lot of work to be done, especially with making sure everyone is educated on what it would mean to each individual that is a property owner on the lake — so that they could make an educated decision when they are voting on it in November,” said Skonnord.
A little more than a year ago, GBRA announced that it planned to drain the hydroelectric lakes in the Guadalupe Valley. That was following a castotrophic spillgate failure that occurred on Lake Dunlap. It was the second spillgate failure to occur at one of the lakes. The first occurred on Lake Wood in Gonzales a few years ago. The dams, which in some case, were 90 years old, were deemed to be unsafe. Although lawsuits were filed, GBRA worked with these property owners to come up with a solution for those dams.