My fellow Guardians will recall that I was reluctant to spend money on lawyers at first. However, I’ve come to believe that this is the only action that makes sense at this point. Here are my reasons in no particular order:

• We have been and are being damaged by their negligent and willful actions. West Cypress Hills development is a classic example of how not to do it. The proper way would have been to complete the detention pond before ripping up the landscape. Instead, the pond is still not finished. Our creek is now less usable and our property is less valuable as a result.

• The agencies charged with enforcing existing regulations have not done so. TCEQ has told us that they defer to the authority of LCRA. LCRA was made aware of our situation last September and yet the site has still not been revegetated and the pond still not completed. Some improvements have been made, but only after the parties knew that we had hired an attorney to protect our interests.

• The existing regulations are ridiculously inadequate for protecting water quality. The LCRA non-point source pollution ordinance allows over 70 mg/liter of suspended solids in the pond discharge after a storm event. This is way more that it takes to ruin the creek.

• Our long-term prospects are frightening. A large wastewater treatment plant has been located adjacent to the detention pond. Any failure of this plant’s equipment will likely lead to sewage discharge into the pond and the creek. This would be a disaster. Given the performance of the developer to date, we can be sure the sewage will be discharged to the creek. We need detailed technical input to the design and operation of this facility.

• The density of this and other impending developments is way beyond what the environment can support and there is no existing regulation that can limit density. The total pollutant burden to be placed on the creek is directly proportional to the number of houses built.

• The vision of thousands of homes where there is now beautiful hill country scenery saddens me. I do not want the 71 corridor to be the next Cedar Park or Round Rock.

As a result of the points listed above, I believe that legal action is the best way to get the attention of developers and political powers to let them know that the current approach is unacceptable to the citizens of western Travis County. It may also be the most effective way of providing impetus for new, more stringent, environmental regulations for developments that we all know are coming our way.

What will it take to do the job?

Legal action does not come cheap. We have the best attorneys and technical experts working for us. Our attorneys have estimated that bringing the case to trial may cost about $100,000! This seems like an insurmountable burden, but we can do it if enough of us step up. We have already raised more than $15,000 and our August 28 fundraiser with Jimmie Dale Gilmore promises to be a sellout. The rest of the money can and will be raised from other interested friends and neighbors. I encourage all of you to give ‘til it hurts and join us in this struggle.

Send contributions to:
Regina Draper, Treasurer
Guardians of Lick Creek
4215 Three Creek Trail
Spicewood, TX 78669