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Houston Dentist Seeks to Root Out LCRA
Posted: Mon, 22 Mar 2010 10:44 AM - 9,020 Readers
By: A.J. Bingham
The Lower Colorado River Authority
(LCRA) barely had time to relax following the dismissal of the City of San
Antonio's suit against them before another challenge arose.
This time the challenging party is one Bob Wynne, a Houston dentist
who owns property on Lake Travis. Wynne has filed in state District
Court in Travis County, claiming his property was damaged by the LCRA
sending water downriver for electrical generation. The damage here
being that because of low lake levels, his access to the property he,
and his brother Ken (also Mr. Wynne's attorney), bought has diminished.
This property was bought by the brothers primarily for its access to a
deep boat ramp.
According to the Austin
American-Statesman, the suit claims that nothing authorizes "the
LCRA to engage in generating or selling thermoelectric power...," asking
that the court require the LCRA to keep a minimum level at Lake Travis
and rule that LCRA can neither own or operate power plants fueled by gas
or coal.
LCRA has responded in their own filing that "the public would be
greatly harmed if Plaintiff [Wynne] prevails, causing the water supply
of the South Texas Nuclear Project and other water customers of LCRA to
be curtailed, the electric supply to large areas of Central Texas to be
cut off, and the environmental health of Matagorda Bay to deteriorate."
Additionally the authority stated that Wynne basically knew what he was
getting into when he purchased property on Lake Travis.
It should be noted that the LCRA has been statutorily authorized in
its enabling
legislation (under Special
District Local Laws Code, Sec. 8503.004(c)) to store and sell water
and generate electricity since its founding in 1934.
The validity of Wynne's claim remains to be seen. Both sides have
their own interpretation of LCRA's statutory powers and the scope of
those powers. However, if nothing else, this suit brings to the surface
the schism between the demands of a growing population in the region
and Lake Travis property owners.
[edit]
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