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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.
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Two posts today? It's SXSW! Don't you guys have a million things you could be writing about?
This is a dying site.
First thing LCRA's lawyers will ask is, "Why didn't you take advantage of the low water level to extend the length of your boat ramp?" Many other lake property owners did that this summer.
I think his other problem in the court room will be establishing the financial damage caused by the lower lake level. If he didn't actually sell his property, the value wasn't permanently affected. He'll have to argue what each boating trip to the lake is worth, and that is rather intangible.
Seth
Seth
It is unfortunate that this dentist got his property dammaged. I love the title of the article, with "root" as in "root canal". I am not sure many people got that though.
Dentist Richmond Hill
Thank you. It was the first thing that came to mind. I think most people (i.e., my friends and my folks) got it. Hopefully. I wasn't digging too deep with the title--just trying to get under the crown.