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LAND PRESERVATION |
"Increasingly the evidence suggests that people benefit so much from contact with nature that land conservation can now be viewed as a public health strategy."
— Richard Louv |
Spring in Texas: Why Land Preservation is so Important
Texas Hill Country: Rolling Hills or Empty Moonscape?
By Milann Guckian
January 22, 2022
January 22, 2022
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I am Milann Guckian, president of Preserve our Hill Country Environment. This is not the job I asked for or wanted in retirement but one I felt I must undertake.
I’ve always known I wanted to come back to Central Texas to live out my days. Born in Lockhart, my family’s roots are embedded here. We had a vacation home on Canyon Lake where I spent many a day relishing the beauty of the hills, the rivers and lakes, the wildlife, and the peacefulness that came with these natural wonders. In 1996, we found our little slice of paradise here in Comal County. We purchased five acres of land surrounded by all that I had come to associate with the Hill Country. We would be nestled amongst oak, cedar, and elm trees with an abundance of wildlife, birds, bats, and insects. Our neighbors to the southeast were our best friends, to the north-northeast sat a 600-acre family homestead and to the west-northwest sat the beautiful White Ranch. We planned, we scrimped, we saved and in 2016 we completed construction of our forever home. Retirement came in 2017 and we left the coast for our dream home. but with the move came word that White Ranch had been sold to Blue Pine Holdings, Inc. Turns out that Blue Pine is a shell company owned by Vulcan Construction Materials, LLC., and they have plans to turn White Ranch into a quarry. White Ranch, 1500 acres (2.3 square miles) of pristine Texas Hill Country rangeland, sits in the middle of Comal County amidst caves, rivers and streams, wildlife, and fauna. The ranch sits under the migratory paths of bats, monarch butterflies and whooping cranes. Numerous legacy ranches and homesteads are nearby along with Indian remains and artifacts on neighboring properties and in adjacent caves. The property extends southwest nearly three miles from the corner of State Highway 46 and Farm-to-Market 3009. This land is one of the largest pieces of undeveloped property in the county and is in unincorporated territory midway between New Braunfels and Bulverde. Of the utmost concern, White Ranch rests entirely over the Edwards Aquifer Recharge Zone (EARZ), and is unfortunately, in the crosshairs of the aggregate production operation (APO) industry in Texas. To understand the concerns of a quarry in the middle of the EARZ and how this will affect the Hill Country, Comal County, and New Braunfels, there needs to be a basic understanding of how the aquifer system works. Simply, we live on karst. Comal County is one of many counties that makes up the Balcones Escarpment in Texas. The escarpment is a karst formation. Karst is a terrain formed by dissolution of bedrock — in our area, this bedrock is limestone. The common features of limestone bedrock are sinkholes, caves, underground streams, and large streams or aquifers. Precipitation provides the groundwater that feeds the karst aquifer system. Karst is fractured and the millions of cracks and crevices throughout the limestone captures water, and over time, creates conduits. As the conduits enlarge, capturing more water, they can grow at ever-increasing rates until large enough for human entry. This is how Natural Bridge Caverns and Bracken Bat Cave were formed. The water continues through these conduits to the underground streams or aquifers. Through the faults in the karst, water can then be carried to artesian springs. Prime example, the largest artesian spring in Texas is here in New Braunfels; Comal Springs. Not only does White Ranch sit atop the EARZ but the West Fork Dry Comal Creek runs through it, converging downstream with the Dry Comal Creek before merging with the Comal River in New Braunfels. The Comal River is fed by springs from the Edwards Aquifer and is home to several endangered species. The clear, temperate waters of the Comal are widely used for recreational swimming and tubing activities before discharging into the Guadalupe River. Dry Comal Creek and Comal River are essential natural resources in Comal County, supporting economic development and recreation in the city, as well as agricultural operations and wildlife throughout the area. The portion of the West Fork Dry Comal Creek that runs through White Ranch is the only section of the Dry Comal Creek and Comal River watersheds that is not polluted. In 2010, TCEQ listed the Dry Comal Creek for impairment to its designated contact recreational use due to elevated Escherichia coli (E. coli) concentrations. |
Each of these water systems has a bearing on the other. The Dry Comal Creek and Comal River watersheds are also experiencing rapid urbanization, which adds another basis of pollution. Karst is vulnerable to pollution and the relationship between its many features —creeks, streams, aquifers, and caves—are complicated.
Comal County has numerous waterways — Dry Comal, Cibolo, Rebecca, and Honey creeks; Comal and Guadalupe rivers; Comal and Hueco springs, the Trinity and Edwards aquifers; and Canyon Lake. If any of these water sources becomes polluted or is irreparably harmed, the others are in danger as well. White Ranch, by its very location, is a notable component of the EARZ, and the Dry Comal Creek and Comal River drainage basins. A quarry sitting in the middle of all these water resources would present numerous challenges to these many interlinked systems, leaving our community exposed to water quality and quantity sustainability issues. In 2017, Vulcan applied for an air quality permit with the Texas Commission on Environmental Quality (TCEQ). Area residents banded together to create an all-volunteer grassroots organization to contest the scientific and factual validity of the permit. Preserve Our Hill Country Environment (PHCE)and PHCE Foundation DBA Stop 3009 Vulcan Quarry and Friends of Dry Comal Creek were born. February 27, 2018, TCEQ held a Public Meeting at the New Braunfels Civic/Convention Center. Over 500 residents, local and state leadership, and media showed up to support our efforts, voice their concerns and submit public comment for the permanent record. December 2018, TCEQ granted our requests for a Contested Case Hearing (CCH) with the State Office of Administrative Hearings (SOAH). March 6, 2019, SOAH Preliminary Hearing. There was standing room only in the Comal County Courthouse when the Administrative Law Judge (ALJ) extended the affected party boundary from one to five miles and granted AP status to all who had requested it. June 2019, the Contested Case Hearing, lasting 3 days, was held in Austin. In August, the ALJ released a recommendation to TCEQ granting the air permit. November 2019, TCEQ Commissioner’s granted the air permit. We filed a motion for rehearing on the permit citing the judge’s lack of consideration on the impact that the quarry would have on air pollution, increased truck traffic, decreased property values, endangered water quantity and quality, and other environmental issues. Also cited was the claim to “trade secret” allowed by the ALJ on Vulcan’s composite core sample used to determine silica content of the mining materials. The rehearing was not granted. February 2020, we sued TCEQ in Travis County District Court. We asked the state to reevaluate the permit, noting that the agency ignored important environmental data and made legal errors when it approved the quarry in November 2019. December 8, 2020, Hearing presided over by Judge Maya Guerra Gamble. Friends of Dry Comal Creek, Stop 3009 Vulcan Quarry v. Texas Commission on Environmental Quality (TCEQ) and Vulcan Construction Materials, LLC. March 6, 2021, Judge Gamble struck down Vulcan’s air permit remanding the permit back to TCEQ. In April, TCEQ and Vulcan appealed that decision to the Third Court of Appeals. Long story short, we followed the arcane “set to fail” process set forth by TCEQ and now the property’s future is in the hands of Texas courts. TCEQ stood with industry over citizens and issued the permit without adequately considering the impacts on the environment, our natural resources, and the health of the community, as required by state law. Aggregate product is essential to the growth of Texas, but it is best produced in an industrial setting using common-sense, environmentally protective practices. The White Ranch is not an appropriate location. The sensitive features that comprise the White Ranch and ultimately affect the citizens of Comal County and New Braunfels need to be protected and preserved. Understand what our Texas Hill Country stands to lose. For more information go to www.stop3009vulcanquarry.com. |
Thank You to all Who Voted for Fischer Park Renovation.
October 2021
Because the community came together, the park will receive a grant for $90,000 for needed renovations.
“We’re thrilled to support this nature-based play project in New Braunfels,” Niagra Cares Director Kristen Venick said in the release. “It was exciting to see the community come together to vote for this project and we look forward to the enhancement of Fischer Park,” which includes:
“We’re thrilled to support this nature-based play project in New Braunfels,” Niagra Cares Director Kristen Venick said in the release. “It was exciting to see the community come together to vote for this project and we look forward to the enhancement of Fischer Park,” which includes:
- Creating direct public access to the park’s 30 acres of restored Blackland Prairie
- Connecting into the park’s Enchanted Forest, a wooded area that has not been formally converted into a public space
- Continuing the park’s restoration work to balance the urban forest, increase the tree canopy, and improve local wildlife habitats
Rural Comal County. Photo courtesy of Comal County Conservation Alliance
Opinion: GEAA Says Proposition 2 Could Endanger Important Ecosystems
By Annalisa Peace
October 17, 2021
October 17, 2021
Texas voters can soon weigh in on potential changes to the state’s Constitution regarding a variety of issues,
including county infrastructure. Election day is Nov. 2, and early voting begins Oct. 18 and lasts until Oct. 29.
including county infrastructure. Election day is Nov. 2, and early voting begins Oct. 18 and lasts until Oct. 29.
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For those of you living in fast-growing counties in the Hill Country area, consider and vote carefully on Proposition 2: tax financing for county infrastructure.
This amendment would authorize counties to issue bonds or notes to raise funds for transportation infrastructure in undeveloped areas. Counties would repay these bonds by pledging increased property tax revenues. At issue is the prospect that funding transportation infrastructure in undeveloped areas would hasten development in what is already one of the fastest-growing regions in the nation, and how this would impact dwindling water supplies, flooding, water quality, and spring flows. Land that some may consider “undeveloped, unproductive, or blighted” may be recognized by others as land providing important ecosystem services. |
While we realize that some counties in our region might be facing challenges to providing needed transportation infrastructure, perhaps raising the state-mandated cap on impact fees would be a more equitable solution by allowing new development to absorb the costs of services required.
To learn more about Prop 2, click here. To read more about all of the propositions, click here. ABOUT THE GREATER EDWARDS AQUIFER ALLIANCE The Greater Edwards Aquifer Alliance (GEAA) is a 501(c)(3) nonprofit organization that promotes effective broad-based advocacy for protection and preservation of the Edwards Aquifer, its springs, watersheds, and the Texas Hill Country that sustains it. The Edwards Aquifer is the source of the largest springs in Texas and the sole source of drinking water for more than 1.5 million Central Texas residents. |
A view from Headwaters at the Comal, Tuesday, Aug. 31, 2021 in New Braunfels. Headwaters at the Comal is a conservation project by New Braunfels Utilities’ with goals of environmental projection, engaging visitors in natural areas and preserving the Comal Springs Ecosystem.
Alma E. Hernandez / Herald-Zeitung
County Seeks Grants for Conservation Purposes
By Will Wright
September 1, 2021
September 1, 2021
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Preserving Comal County’s wide-open spaces hasn’t been at the top of the county’s to-do list, but commissioners took steps in that direction last week.
Last Thursday, they selected Moriarty & Associates LLC to pursue funding for county land acquisitions for wildlife conservation and water source protection. It approved $4,500 for the firm to prepare county applications for grants through the Texas Water Development Board’s Clean Water State Revolving Fund (CWSRF). “Behind the scenes, I’ve been working for years to find a way for Comal County to participate in (this effort),” Precinct 3 Commissioner Kevin Webb said. “We struggled with lining up a time where funding was available and a project was available. Right now we don’t have a project, but this is an open program. “We are applying for $30 million through the Water Development Board’s Clean Water State Revolving Fund to fund the possible purchase of lands or conservation easements in Comal County for conservation of source water and stormwater and flooding mitigation.” The Comal County Conservation Alliance (CCCA) said Comal is behind adjacent Hill County counties in percentages of land dedicated to protected lands. The U.S. protected lands database indicates just 5% of Comal’s 579-square miles is dedicated to protected lands, which matches Medina County but trails Travis (17%), Bexar (10%), and Uvalde and Hays counties (9%). 
A view from Headwaters at the Comal, Tuesday, Aug. 31, 2021 in New Braunfels. Headwaters at the Comal is a conservation project by New Braunfels Utilities’ with goals of environmental projection, engaging visitors in natural areas and preserving the Comal Springs Ecosystem.
Alma E. Hernandez / Herald-Zeitung
For years the CCCA, Greater Edwards Aquifer Alliance (GEAA), Hill Country Alliance (HCA), League of Women Voters of the Comal Area (LWV–CA) and a host of other organizations have rallied community interest in preserving natural and unique areas in the county, which is now being developed at a rapid pace.
While private entities have contributed, Comal County hasn’t attempted a sustained effort similar to entities in surrounding counties. For example, it took the San Marcos River Foundation five years and longer to purchase prime watershed areas surrounding the city, but it led to protections for San Marcos Springs, Sink and Purgatory creeks and the San Marcos River. “We’ve been close a couple of times,” said Webb of the county’s acquisition efforts, which he noted were behind-the-scenes and had gone unpublicized. In 2018, the CCCA proposed the county purchase 610 acres in two of the seven tracts that comprised El Rancho Cima, home to the old Boy Scout Camp off Farm-to-Market Road 32. “Despite the efforts of a dedicated group of former scouts and other individuals, the 2,400-acre Boy Scout ranch, El Rancho Cima, along the picturesque Devil’s Backbone, was sold to a private developer,” the CCCA website said. The purchase would have satisfied federal statutes in providing the 500 contiguous acres as domain for the endangered golden-cheeked warbler under the county’s Regional Habitat Conservation Plan. In the meantime, Hays County purchased nearby tracts to establish the El Cima Preserve, which joined the county’s Wildenthal Preserve as warbler habitat. It also has Gay Ruby Dahlstrom Nature Preserve and Jacob’s Well Natural Area designated for water quality protection. Last November, 70% of participating Hays County voters passed Proposition A, which designated issuance of up to $75 million in bonds combined with other funding mechanisms to establish parks, open spaces, conservation lands and other recreational areas. Travis County voters passed a $185 million bond for additional green spaces and watershed protection measures in 2016. All of the area entities are seeking the $30 million in CWSRF monies for properties — especially for source pollution mitigation and low-impact recreational parks and open spaces. “The county could preserve land through conservation easements or simple purchases of land to keep in perpetuity for stormwater mitigation, drinking water, source point pollution mitigation and more,” Webb said. “Just basically keep it from becoming developed in the future unless it’s for those purposes.” Webb said the CWSRF grants resemble those made available through the American Recovery and Reinvestment Act of 2009, or ARRA, which was the stimulus package approved by Congress and signed into law by President Barack Obama in February 2009. |
A view from Headwaters at the Comal, Tuesday, Aug. 31, 2021 in New Braunfels. Headwaters at the Comal is a conservation project by New Braunfels Utilities’ with goals of environmental projection, engaging visitors in natural areas and preserving the Comal Springs Ecosystem.
Alma E. Hernandez / Herald-Zeitung
“Approximately four years ago the TWDB revised their long-standing policy and opened the CWSRF to these sorts of land purchases,” William Moriarty wrote commissioners. “The city of San Marcos was the first entity to take advantage of this new funding opportunity.
“Recent legislative activity in Washington, D.C. has created additional opportunities. The possibility exists that the new federal infrastructure bill may result in significant grant dollars flowing through the CWSRF program.” Moriarty suggested the county quickly file a PIF to get on the short list for CWSRF funding within the next few months. If that fails, he said the county would file another PIF next March, as well as seek up to $1 million in Green Project Reserve grants and similar subsidized loans. Webb said millions from ARRA and subsequent federal stimulus went to the TWDB, which passed 30-year loans on to entities with qualifying matching funds that saw up to 60% of the debt forgiven. “To get such a grant like that we would have to find the other 40%, which is substantial on some of these larger projects,” Webb said. In July, Precinct 4 Commissioner Jen Crownover said she believed county voters would pass a bond similar to Hays County’s. “Comal County is very late to the party,” Crownover said. “I think if we were to do a straw poll at the moment, we would probably pass something by 70% or 80%, based (on Hays’ result). “I would certainly love to put that before the people and the voters.” Crownover, County Judge Sherman Krause, Precinct 2 Commissioner Scott Haag and Precinct 1 Commissioner Donna Eccleston voiced concerns about the optics — long-term spending on the unknown at a time the county has spent the past five years and more than $100 million on infrastructure improvements. One answer, proponents said, would encourage developers to pitch in or give them incentive to designate preserved areas in non-developed areas of the county. Another is enhancing partnerships with companies like CEMEX, which has donated hundreds of acres for habitat preservation, and New Braunfels Utilities’ Headwaters at the Comal. NBU’s conservation project’s goal is environmental protection, engaging residents and visitors in natural area landscapes, preservation of the Comal Springs Ecosystem, and establishing long-lasting local connections to past and present natural history. Commissioners unanimously approved both measures, but cautioned they’re not about to support a money pit. “I would like to see this move forward strictly because we can’t say that we wanted to maintain the character of Comal County and not do anything about it,” Krause said. Eccleston said it presents opportunities and options on potential purchases and form partnerships in an ever-shrinking window. Haag hoped the $4,500 wouldn’t lead to spending 10 times that on the next step. “I don’t have a problem with this as long as we’re using it to seek grants,” he said. “Property values are continuing to go up. “If we start spending (county) money on pieces of property — and its tens of millions if not more – and even if you reduce it down it’s a lot for us to pay over a long period.” Haag suggested the county stick with supporting adding more conservation easements, which are voluntary agreements between landowners and selected conservators that dedicate future use toward protecting and/or enhancing its natural resources. Elizabeth Bowerman, CCCA board president, stressed Thursday’s approvals were important first steps. “They will lead to a more livable future for our county,” she said. “(The amount) isn’t really that much to spend, (if it leads to) protecting land and water.” Commissioners will not meet this Thursday in order to attend the Texas Association of Counties annual conference. They will meet again on Thursday, Sept. 9. For last Thursday’s meeting video and agenda, visit www.co.comal.tx.us/agenda.htm. |
Comal County Subdivision Development
Comal County is growing at a rapid pace. These latest maps show the growth and the limited amount of open land to protect our aquifers. That's why it's so important that we protect what is still available. As people move in, our options get quite limited.
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Proposed Honey Creek Ranch Subdivision
Honey Creek Ranch Development Meeting Minutes
| honey_creek_ranch_report_9-4-19.docx |
The proposed Honey Creek Ranch Subdivision will be built at the upper portion of the Honey Creek watershed. Honey Creek runs through the 2,293.7 acre Honey Creek State Natural Area and into the Guadalupe River. Honey Creek normally gets it flow from the Honey Creek Cave and a few small springs. Honey Creek is truly one of the most pristine, clear and pure steams remaining in Texas. That is why it is preserved as the Honey Creek State Natural Area.
Impacts of Growth in Comal County
| 2017_land_use_comal_county.pdf |
Comal County Protected Map
| comal_county_protected_lands__1_.pdf |
As a part of the conservation effort, the county purchased seven easements. (Courtesy Travis County)
Travis County Celebrates Purchase of more than 3,000 Acres for Conservation in the Hamilton Pool Road Area
By Benton Graham
December 6, 2021
December 6, 2021
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Travis County held a ceremony at Reimers Ranch Dec. 2 to celebrate the purchase of more than 3,000 acres of land in the Hamilton Pool Road corridor, as a part of conservation efforts.
The county purchased seven easements that will help to restrict development and protect environment features, according to a press release. “Travis County is growing at a rapid pace, and there’s an urgent need to protect natural areas like the Hamilton Pool Road corridor,” Travis County Commissioner Brigid Shea said in the press release. “These conservation easements allow us to maintain the county’s irreplaceable environmental features. Reimers Ranch Park, and Hamilton Pool visitors and residents nearby will be able to enjoy the land and scenery for many years to come." Funding for the project came from a 2017 Travis County bond approved by voters aimed at protecting watersheds, native wildlife and scene vistas. Travis County Commissioner Ann Howard thanked voters for approving the funding in a statement. She added that she hopes to bring similar conservation projects to eastern Travis County in the future. |
A map showing the Hamilton Pool Road Corridor (Courtesy Travis County)
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Conservation Subdivisions with Randall Arendt
Bexar County may purchase a 600-acre historic ranch on the far Northwest side to convert into a rustic county park. The property's location as between Toutant Beauregard Road and Boerne Stage Road.
Bexar County Eyes Historic Ranch for Possible 600-acre Rustic Park
By Brian Kirkpatric
July 21, 2021
July 21, 2021
The park would be twice the size of Phil Hardberger Park, one of the largest city parks in San Antonio.
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Bexar County Commissioners in early August are expected to hear an update on the possible purchase of a 600-acre historic ranch on the far Northwest side to convert into a rustic county park.
County Judge Nelson Wolff questioned County Parks Director Betty Bueche at the July 13 commissioners meeting about efforts by the county to purchase the ranch from a foundation headed by a member of the famous Maverick family. The family name coined the term "maverick," meaning independent-minded person. The Texas State Historical Association reports the term is connected to a herd of cattle owned by politician and land baron Samuel Maverick that were allowed to roam unbranded, which was unconventional. When other ranchers came across an unbranded cow, they said it must be a "Maverick." Bueche told Wolff her staff was working on a grant application for $5 million that could be applied to the purchase. She expects to report on progress at the Aug. 4 commissioners meeting. She described the property's location as between Toutant Beauregard Road and Boerne Stage Road. Bueche said some planning has been done, including a spot on the ranch for a visitor education center if the purchase can be completed. "We have already been doing that planning and we've done the diagrammatic sketches of what's allowable and what's not. There is actually a 5-acre parcel that's included in that, but does not have a conservation easement and on that 5 acres is where we would propose the visitor education center where school groups from the entire region would benefit," Bueche told commissioners. Wolff said he would like to see the property undergo little development and feature some trails if the purchase happens. |
The Texas Nature Conservancy and Audubon Society would join the county in park operations. It would be twice the size of Phil Hardberger Park, one of the largest city parks in San Antonio, which has 311 acres.
Opossums, rabbits, deer, and coyotes have all been spotted crossing the months old Robert L.B. Tobin Land Bridge at Phil Hardberger Park. Bueche's comments to Wolff came after a presentation on a 10-year master plan for the county park system, which will guide future improvements based largely on public surveys. The plan was needed to keep the park system eligible for matching grants from the state and other contributors. Commissioners approved the plan that calls for three new flagship parks to replace large pavilions at Rodriguez, Russell and Comanche Parks. It also details the completion of the remaining 55 miles of the Howard Peak Greenways Trail System, additional conservation at Hot Wells, and a Native American cultural center, possibly at Padre Park. The total value of the projects contained in the plan and spread over a decade is pegged at nearly $317 million dollars, with $240 million for the county-wide river and creek program, the Greenway trails system, and watershed protection. Grants and partnerships would contribute largely to the projects. A report on the master plan found the county's 16 parks and three civic centers host 3,900 events each year and attract two million annual visitors. Those visitors generate $102 million in economic revenue and an additional $33 million from amateur sports. Public surveys related to the master plan found county parks in need of more shade, more playgrounds, and more picnic space. There are a total of 32,540 acres of park in Bexar County, operated by the state, county, cities, schools and nonprofits. |
From Skeptic to Advocate: My Changed Perspective on Conservation Easements
By David K. Langford
Publisher’s Note: The following was originally published in the February 2021 issue of Texas Wildlife and is excerpted from the preface of the forthcoming book Replenishing Our Hills by Brent Evans. The book will be published soon by the Texas A&M University Press.
Publisher’s Note: The following was originally published in the February 2021 issue of Texas Wildlife and is excerpted from the preface of the forthcoming book Replenishing Our Hills by Brent Evans. The book will be published soon by the Texas A&M University Press.
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The Texas Hill Country has left its mark on me and me on it for almost eight decades. My Giles family staked its claim here in 1887. Our ranch, where my grandchildren are part of the sixth generation born to this land, still bears the name of my ancestral home, which is Hillingdon Middlesex England.
I was reared in San Antonio, but spent many of my weekends, most of my holidays and every summer into adulthood on much of the 13,000 or so acres that make up Hillingdon Ranch. While I eagerly anticipated these days in the country, they were not vacations. As a member of a ranching family, we were all expected to do our parts. One of my earliest jobs centered on the water bucket and dipper my grandparents kept on their kitchen table. In those days, providing water for the family required a trip to a nearby spring with bucket in hand. Carrying that heavy, water-filled bucket over uneven ground taught me lessons of conservation that I’ve never forgotten. Water is vital to life. Abundant water appears through someone’s work, not magic. Water is too valuable to waste. An uncle demonstrated to us all that wildlife like native white-tailed deer have a place on a ranch as surely as cattle, sheep, and goats. Each successive generation has managed Hillingdon’s native grass, forbs, browse, and trees so both wild animals and domestic livestock thrive. The convergence of time, experience, and opportunities allowed me to carve out a career as a professional photographer who specialized in livestock, wildlife, ranch landscapes, and the western lifestyle. In 1985, the relationships with my clients that I forged and treasured earned me an invitation to an early organizational meeting of the Texas Wildlife Association, a group that was being put together as a voice for landowners with an interest in wildlife. I left the meeting as a member of the executive committee. Four years later, I left an executive committee meeting with a temporary job serving as Executive Vice President; it lasted 11 years in its first act. I flunked retirement in 2001 and came back for a second act overseeing water policy development and other special projects. My second act lasted eight years. In 2011, I turned in my business cards, retired for the final time, and came back to where I started as a volunteer again serving on the executive committee. My volunteer service continues today. As TWA’s Executive Vice President, I spent a lot of time in the public policy arena, especially in Austin. In those days, I spent a lot of time standing behind microphones in countless conference rooms in front of a mixed bag of legislators, agency personnel, traditional environmental groups, lobbyists, and the general public. As the '80s bled into the 1990s, Texas, especially its private lands, became a contentious arena. Two little-known bird species, golden-cheeked warblers and black-capped vireos that nest solely in the cedar-spotted hills of Central Texas and the Edwards Plateau, found themselves in the headlines. The U.S. Fish and Wildlife Service under the auspices of the Endangered Species Act devised a plan to designate portions of 33 Texas counties as critical habitat for the songbirds. At that time, it appeared as if a “coalition” of environmental groups and land trusts were going to “save” the birds by permanently wresting control away from private landowners either by taking it or purchasing it at fire sale prices from landowners who found themselves in a financial fix. The tool of choice? A conservation easement. The goal? To manage natural resources by removing virtually all human activity. The reaction—and rhetoric—was swift and heated. Across the state at microphones in hearing rooms and in reporters’ hands, I and others with like minds decried conservation easements as plots promulgated by land-grabbing Communists. Against this backdrop, Blair Calvert Fitzsimons, a volunteer landowner advocate who ranched in South Texas with her husband Joseph, and I were invited to a meeting hosted by Texas Parks and Wildlife. As private property proponents, we were in the minority. Most of the invitees represented land trusts, traditional environmental groups and parks at the national, state, and local levels. As the day progressed, speaker after speaker identified the problems that estate taxes created for landowners. Because of their experience and focus, these speakers wore blinders. While they were able to see and showcase the solutions offered by conservation easements and land trusts, the speakers only saw the application for landowners managing beautifully pristine properties. Most were committed to preserving properties with magazine cover views. These well-meaning crusaders didn’t understand that farmers, ranchers, and family foresters, the people who fed, clothed, and sheltered us, faced the same pressures from estate taxes and market forces. In their zeal for pretty places, they didn’t give working lands much thought. Apparently, those of us in production agriculture had managed to hide our challenges as effectively as we’d hidden our conservation. As these discussions were taking place, the economy of Texas was changing. Through much of the 20th Century, Texas got its wealth from the ground through oil and agriculture. In the late '80s, after one of the periodic busts that marked the energy industry, state leaders decided to add another leg to the economic stool. They made it clear that Texas was open for business, especially technology. The Lone Star State entered a period of unprecedented growth. Growth, as we came to learn from studies conducted by the American Farmland Trust between 1990 and 2000, comes with a hidden cost. Initially, leaders in rural counties were ecstatic as developments sprang up, but the jubilation was short-lived. Why? While new residents bring new tax dollars they also require increased services, which cost money…big money. According to the American Farmland Trust’s Cost of Community Services surveys, the cost of providing those public services far exceeds the amount of tax revenue provided by residential taxpayers. On the other hand, |
agricultural and open space land, even with lower tax valuations generate more tax money than they require in public service costs.
This was an important realization for those who valued open spaces. We spent a lot of windshield time contemplating this and tucked it into our hip pockets for future use. Fast forward to 2005 and Blair asked me to attend a Partnership of Rangeland Trusts meeting in Billings, Montana. I went because I respect Blair and I like Billings. I still wasn’t particularly fond of land trusts or conservation easements. As I sat there, though, I quickly figured out these land trust cats understood agriculture from a first-hand perspective. Tellingly, at least for me, production agriculture groups in these western states, where private land butts up against public land, were forming land trusts to conserve their land, their legacy, and their way of life. By the time the folks from the Colorado Cattlemen projected their guiding principles on the big screen, the tectonic plates of my paradigm had shifted. I looked at Blair. She looked at me. We both realized that we’d been angry about the wrong thing. The problem wasn’t the conservation easements, but our perception of how they were being used. As we came to see, a conservation easement is a tool like any other, so the way it’s used determines whether it’s detrimental or beneficial. Thanks to those westerners, we both flew back to Texas, which by this time was losing open space agricultural land faster than any other state in the nation, thinking, “This just might work here after all.” Soon after we got home, we got together with representatives from the Texas Farm Bureau and the Texas & Southwestern Cattle Raisers to talk about the possibility of forming an agricultural land trust in Texas. We agreed that forming an agricultural land trust would help give farmers, ranchers, and family foresters access to the tools necessary to combat estate taxes and keep their working lands intact in perpetuity. While many farms, ranches, and forests may not have jaw-dropping views, they have productivity, both tangible as food, fiber, and shelter, and environmental as clean water and clean air. Productivity merits its own conservation value as does the lifestyle and livelihoods built on it. In 2007, the Texas Agricultural Land Trust was born from our collective efforts. During its first decade, TALT became the second largest land trust in Texas and currently oversees easements on 236,000 acres of working lands across Texas with more in the works. This land will continue to produce food, fiber, and shelter along with a myriad of other benefits such as cleaner air, better quality water, more vibrant river flows, aquifer recharge, the aesthetics of scenic open spaces, and wildlife and pollinator habitat that benefit every Texan in perpetuity. These landowning families will continue to voluntarily steward their own land, footing the bill for its care while paying their taxes and contributing to the health and growth of their local communities. At the moment, a conservation easement is the only tool available for landowners who want to keep their working lands open forever. This legal document, which requires much thought, commitment and planning, provides a reinforced, retaining wall around a family’s land legacy. Succeeding generations can’t convene at the courthouse to squabble over the land’s destiny and dismantle their heritage a lawsuit at a time. A conservation easement is legally unassailable. In addition to keeping the land legacy intact, a conservation easement ensures that the best interest of the land is always an essential factor regardless of what is being discussed or what is being considered. When a conservation easement is present, the land has a seat at the table—forever. I would argue that of all the long-term benefits of this conservation tool, this is the most powerful and most lasting. As I write this, Myrna, our children, and I have finalized a conservation easement that will keep the Laurels Ranch, our piece of Hillingdon Ranch, open and development-free forever. We have poured ourselves into this process for almost four years; it is exceptionally challenging—and taxing—to predict what will be right forever. The Texas Agricultural Land Trust is our partner in perpetual conservation. The organization’s guiding principles align with our family’s guiding principles. Ours is a partnership, like all good partnerships, where both sides win. A conservation easement held by TALT is a voluntary solution that works for us. I’ve unashamedly come full circle. Today, I find myself extolling the benefits of conservation easements to my extended family. As preceding generations died land ownership was spread into more hands. Hillingdon is collectively owned by more than 20 family units with some controlling a few acres and others several hundred. Until now, the family has relied on shared memories and common experiences to keep the ranch intact. The last generation to spend summers here is silver-haired now. Succeeding generations are scattered by geography and interests. Without a series of conservation easements, there is no guarantee that the legacy that is Hillingdon Ranch will pass to the seventh generation. I hope the Laurels Ranch conservation easement will serve as template for my extended family and make the monumental task of keeping Hillingdon Ranch intact a little easier. While our story and struggle are personal, we’re not alone. Conservation easements preserve our past, but they also assure our future. We cannot live without the land and its natural bounty—and we shouldn’t be foolish enough to try. Conservation easements, which preserve open space land and voluntary stewardship by committed landowners forever, are the key to replenishing our beloved hills, our beloved plains, and our beloved rivers, lakes and streams, day after day, year after year, generation after generation. |
2020 Evaluation Report: Texas Farm and Ranch Land Conservation Program
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Authors: Lund, A.A., G.W. Powers, R.R. Lopez, L.A. Smith, L.M. Olson, and L.F. Gregory. 2020. Texas farm and ranch lands conservation program: 2020 Evaluation report. Texas A&M Natural Resources Institute, research report 2020:1. College Station, Texas, USA.
Texas is comprised of 142 million acres of private farms, ranches and forestlands, leading the nation in privately owned working land acres. These working lands are under increasing land conversion and fragmentation pressure. In response, the Texas Legislature created the Texas Farm and Ranch Lands Conservation Program (TFRLCP) in 2005 to protect agricultural lands in the state. In April 2015, NRI evaluated the TFRLCP, a purchase of development rights (PDR) program, to determine the needed funding levels and target areas of opportunity for the state. This report provided science-based information to help the land trust community make the case for sustained TFRLCP funding and resulted in the program receiving funding for the first time since its establishment. In December 2016, a second report evaluated the effectiveness of the TFRLCP, following the implementation of the recently funded program. The report focused on the program’s return on investment, value of protected water resources and potential future demand for a PDR program. For more information on the TFRLCP program, see the TPWD program’s website. Finalized in November 2020, NRI examined the conservation easements executed under the TFRLCP, specifically evaluating ecological and economic values secured through the protection of these properties as well as the fiscal efficiency of state funds to protect working lands with high agricultural value at a relatively low cost for state residents. |
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Hays County acquired 28.7 acres of property near the San Marcos river located just east of Interstate 35 and south of River Road, which it plans to use for a project aimed at regional connectivity and recreation options for county residents. Photo courtesy of Hays County
Hays County Aims at Enhancing Connectivity, Recreation Options with Cape's Pond Project
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Hays County is aiming at enhancing and expanding regional connectivity and recreation options for county residents with the acquisition of 28.7 acres of property near the San Marcos River.
The county acquired the land located just east of Interstate 35 and south of River Road for the Cape’s Pond Project through a 2018 transportation bond. |
Hays County General Counsel Mark Kennedy said in a press release that the project was discussed as a “key land acquisition to provide multi-modal transportation connectivity between currently disconnected areas of San Marcos and local hike and bike trail systems, including those that are in the planning stages.”
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Texas' Farms Under Threat
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Texas’ farms are under threat, with its best land succumbing to development.
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The report found that Texas was the most threatened state in the nation due to the loss of agricultural land to poorly planned real estate development. Between 2001 and 2016, 1,373,000 acres of agricultural land were developed or compromised, 555,000 of which were “Nationally Significant,” or land best suited for growing food and crops.
The hot spots for development are around Austin, Dallas-Fort Worth, Houston, Odessa and San Antonio. |
However, the threat is more than just urban sprawl. Texas’ agricultural land is disproportionately threatened by a new, more insidious kind of development discovered by AFT through this research, termed low-density residential, or LDR, land use.
Roughly 50% of the land developed or compromised in Texas fell into this category. LDR is insidious because it is not always immediately visible to communities and policy makers and therefore has yet to provoke a policy response. In Texas, LDR is 30 times more likely to be converted to urban and highly developed land use than other agricultural land. |
Texas A&M Natural Resources Institute Publishes Texas Land Trends
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From the Press Release:
“The report shows as Texas continues to grow in population and economy, the demand for rural land, especially in areas surrounding major urban centers and transportation corridors, will continue to increase and have long-term impacts on working lands.” “Open spaces in Texas also provide valuable ecosystem services that we rely on for everyday necessities, such as air and water quality, carbon sequestration and wildlife habitat,” he said. “Fragmentation and conversion of working lands disrupts the natural processes of healthy ecosystems, creates an increased financial burden to mitigate impacts and elevates pressures on remaining open spaces to provide these services for growing urban areas.” |
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Protected Land Maps of the Edwards Aquifer
Six-county Protected Land Maps
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Scotland Video Sends Powerful Message
This four-minute video about Scotland sends a powerful message about land preservation. And, while it isn't in Comal County, the images will remind you of many places where we live. Landowners have an opportunity to create a legacy for their children, grandchildren, and Comal County, which will benefit all of us all, forever.
Video from KarmaTube
