By: Lucio S.C.R. No. 85
SENATE CONCURRENT RESOLUTION
1-1 WHEREAS, A study by the United States Section of the
1-2 International Boundary and Water Commission entitled, "Status of
1-3 Conveying Capacity of the Lower Rio Grande Flood Control Project"
1-4 dated June, 1992, concludes that the Lower Rio Grande Valley and
1-5 adjacent communities in Mexico are at risk of a flooding disaster;
1-6 and
1-7 WHEREAS, The uncontrolled growth of brush in critical areas
1-8 along the Rio Grande River and on adjacent land and in the internal
1-9 Lower Rio Grande floodway system is creating a significant risk of
1-10 flooding; and
1-11 WHEREAS, The state and federal governments have invested
1-12 significant funds to build a flood protection system and to provide
1-13 increased brush habitat through the Lower Rio Grande Wildlife
1-14 Refuge; and
1-15 WHEREAS, The Honorable Judge Royce C. Lamberth of the United
1-16 States District Court, District of Columbia, entered a consent
1-17 decree in a federal court case involving the International Boundary
1-18 and Water Commission and the United States Fish and Wildlife
1-19 Service that triggered a consultation process between the two
1-20 federal agencies regarding brush mowing and/or removal along the
1-21 Rio Grande and in the floodway system as it related to the
1-22 Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.);
1-23 and
2-1 WHEREAS, The International Boundary and Water Commission and
2-2 the United States Fish and Wildlife Service have been engaged in
2-3 the consultation process under the Endangered Species Act for
2-4 almost three years and have not reached an agreement regarding the
2-5 maintenance of habitat for endangered species; and
2-6 WHEREAS, The lack of such agreement has stopped all brush
2-7 clearing in the Lower Rio Grande Floodway Project; and
2-8 WHEREAS, The risk of upstream flooding is greater because
2-9 Amistad and Falcon reservoirs are near capacity; and
2-10 WHEREAS, The State of Texas and the county governments of
2-11 Cameron, Hidalgo, and Willacy counties are responsible for
2-12 protecting the health and public welfare of their citizens; now,
2-13 therefore, be it
2-14 RESOLVED, That the 73rd Legislature of the State of Texas
2-15 encourage the Honorable Ann Richards, Governor of Texas, to write
2-16 to the United States Secretary of State who oversees the
2-17 International Boundary and Water Commission and the Secretary of
2-18 the Interior who administers the United States Fish and Wildlife
2-19 Services asking for the earliest possible resolution of the
2-20 consultation process going on between the two agencies; and, be it
2-21 further
2-22 RESOLVED, That the legislature direct the Texas Water
2-23 Commission to take the lead in evaluating existing information or
2-24 conducting a study of the flooding risks for the Lower Rio Grande
2-25 Valley and adjacent areas to determine if the state or local
3-1 governments need to take action to reduce the flooding risks; and,
3-2 be it further
3-3 RESOLVED, That the Texas Water Commission consult with the
3-4 Texas Water Development Board, Texas Parks and Wildlife Department,
3-5 the county commissioners courts of Cameron, Hidalgo, and Willacy
3-6 counties, and the International Boundary and Water Commission in
3-7 conducting this evaluation; and, be it further
3-8 RESOLVED, That the 73rd Legislature maintain oversight of
3-9 this project; and, be it further
3-10 RESOLVED, That the Texas Water Commission establish goals,
3-11 objectives, and procedures for the evaluation by January 1, 1994;
3-12 and, be it further
3-13 RESOLVED, That the Texas Water Commission prepare a final
3-14 report of its findings by January 1, 1995, and provide copies to
3-15 the governor, lieutenant governor, speaker of the house of
3-16 representatives, and the county commissioners courts of Cameron,
3-17 Hidalgo, and Willacy counties.