Red Bluff, Gallego war over Pecos River plan
By JON FULBRIGHT
Staff Writer for the Pecos Enterprise newspaper
Red Bluff Water Power Control Board members, along with members of the boards of Red Bluff’s seven sub-districts and landowners in those districts are hoping to get a full explanation from State Rep. Pete Gallego next week on his proposal to create a Pecos River Authority.
However, Gallego’s chief of staff said last week the actions of the district’s board over the past 15 years has been the problem, and that it will be removed from any control of the Pecos River water usage unless it changes its ways.
“If it wasn’t way out in West Texas, it would have been done years ago,” said Patrick Carlton, Gallego’s Chief of Staff in Austin, said of the proposed changes on control of water usage from the Pecos River.
He added that despite what board members said during their regular monthly meeting in Pecos on Tuesday, members of at least two of the sub-districts support changing the current system.
“I met with members of Ward 3 and Ward 1 (Water Irrigation Districts) on Tuesday by conference call, and they agree the Red Bluff board has acted very poorly and something needs to be done and their members need to be replaced,” Carlton said. “They just don’t know if the Pecos River Authority is what needs to be done.”
The plan, which would create a new authority that would control water usage rights along the Pecos in the 17 Texas counties that make up the river’s watershed, is tentatively scheduled to be discussed at 10 a.m. Thursday (Feb. 19), at a meeting in Austin. Red Bluff officials said they are not sure if Gallego will be at the meeting, or if just Carlton will be there.
But before that, Red Bluff board members voted during their Feb. 10 meeting to hire a lobbyist to oppose Gallego’s efforts, and said they have received support in their efforts from landowners both along the Pecos and in affected areas from as far away as Fort Davis.
Members approved a proposal by managing director Randal Hartman to hire V.A. Stephens, a former Texas Department of Agriculture employee now running her own consulting business, to represented Red Bluff on the Pecos River Authority issue at a salary of $4,000 a month through June.
“She is currently working for the Brewster County water district, has been on (State Sen. Frank) Madla’s staff, and on the water commission on rural development for the governor,” Hartman said, adding, “I don’t know if it wouldn’t be better to look into retaining somebody after that, because this thing is not going to go away.”
Pecos River water usage is currently controlled by the Red Bluff Water Power Control District board, which was created following the construction of Red Bluff Lake in 1936. The district sells water to the seven sub-districts in Reeves, Loving, Pecos and Ward Counties, which operate from the lake south to Girvin. From Girvin to Amistad Lake, there is currently no oversight authority. If created, the Pecos River Authority would have jurisdiction over the entire river, including Red Bluff and the sub-districts.
Gallego (D-Alpine) announced his plans to file a bill on Jan. 29, and a legal notice was published in the Enterprise and other newspapers in the affected areas last week. The Ozona Stockman did not receive the notice. But as of Monday no legislation was on file at the Texas Legislature’s website, and Red Bluff members said they also didn’t have full details on what would be in the bill.
A staff member in Gallego’s office said on Feb. 2 that details on the plan would be released when the bill was ready to be filed and after the longtime area representative had had a chance to talk with people who would be affected by the plan. Last week, Carlton said he planned to travel through the area on Feb. 21-27 to get opinions on the proposal.
Board members have had several battles in recent years with some landowners within the sub-districts over water release and water usage policies, as well as control of the $14 million Red Bluff received from New Mexico in the 1989 Pecos River Compact settlement. During the Feb. 10 meeting, some members of the board along with others in attendance said they suspected Gallego’s action was being pushed by those same people.
“This is a back door move,” said Cecil Lee. “These people never stop.”
Board members cited Odessa resident and former Pecos County WID 2 board member Michael McCullough as being involved in the current legislation. The district and McCullough have clashed several times over the past few years, but Carlton said that the Odessa doctor was not involved and that Red Bluff members were wrong about the limited scope of the 1989 settlement.
“The problem is they haven’t read their own statutes,” he said, explaining that the settlement money should be used for projects on the entire length of the Pecos within Texas, and not just within the area from the New Mexico state line to Givrin. He also said the district wasted funds in their lawsuits four years ago against Ward 1 and Ward 3 over their conversions from Water Improvement to Water Irrigation districts.
Hartman said as of now, Red Bluff officials and other area landowners have been kept in the dark about the plan, even though officials in Austin may have been given different information.
“The people who said they talked to us misrepresented themselves. Nobody ever spoke to us,” he said. Hartman added that supporters of the plan have also listed state agencies as backers of the new Pecos River Authority based only on initial briefings on the proposal.
Hartman said he had talked with members of the sub-district boards as well as other groups like the Davis Mountain Heritage Association that are outside of Red Bluff’s jurisdiction on water matters, but would fall under the guidelines of a new Pecos River Authority.
“I think everybody is going to support us. This isn’t just a thing in the water district. This is also the counties,” Hartman said.
The counties affected include those directly along the river – Reeves, Loving, Ward, Pecos, Crane, Crockett, Terrell and Val Verde counties. It would also affect counties within the river’s watershed, which includes all or parts of Andrews, Ector, Winkler, Culberson, Jeff Davis, Brewster, Sutton, Upton and Reagan counties.
“We have lots of people knowledgeable about this all the way down the river,” Hartman said. “I feel confident in terms of numbers, we’re in the lead.”
However, board member Ava Gerke said those opposed to the plan need to make an appearance at Thursday’s meeting with Gallego, which she also hoped could be moved from Austin to Alpine.
“I don’t think we’re looking at money. I think we need people to show up on the 19th,” said Gerke. “I have met with Mr, Gallego at a fundraiser of his. He is very articulate and I feel he’s very responsive one-on-one to a group of voters who approach him.”
“I’ve met with him twice,” Hartman said. “He heard what we said, but I don’t know if any of it mattered. We need to wake up to the fact that a few individuals want to take authority over everyone, and that’s where I have my concerns.”
“We are open to Red Bluff having a role to play, but it has to be based on what the statutes say they’re supposed to do,” Carlton said. “But if they’re going to avoid doing what they’re supposed to do for the stewardship of the river, we’ll take that authority away from them and give it to people who will handle it correctly.”
Photo by Melissa Perner
CROCKETT COUNTY COMMISSIONERS: (left to right) Alfredo Moreno Tobar, Precinct 4, has served three fulfilling years; Randy C. Branch, Precinct 3, just started his 5th year; Pleas Childress III, Precinct 2, currently in his 10th year and Frank D. Tambunga, Precinct 1, served since 1992, 16 years.
Duties of a County Commissioner
The job of the county commissioner calls for hands-on service delivery as well as policy-making budget decisions.
Four commissioners, each elected from a quarter of the county's population, serve along with the county judge on the commissioner’s court.
In addition to assuring that county roads are maintained, commissioners vote with the county judge to set the budget for all county departments and adopt a tax rate.
Among other responsibilities, the commissioner’s court:
• Sets the yearly property tax rate and approves the budget and employment level for the county;
• Sets commissioners and justice of the peace precinct boundaries;
• Calls, conducts and certifies elections, including bond elections;
• Sets employment and benefit policy;
• Establishes long-range thoroughfare, open space, land use, financial and law enforcement/jail needs plans;
• Acquires property for rights-of-way or other uses determined to be in the public's best interest;
• Reviews and approve subdivision platting and wastewater treatment for rural areas;
• Provides rural ambulance services and subsidizes rural fire protection;
• Oversees the construction, maintenance and improvement of county roads and bridges;
• Appoints non-elected department heads and standing committees;
• Supervises and controls the county courthouse, county buildings and facilities;
• Adopts a county budget;
• Determines county tax rates;
• Fills vacancies in elective and appointive positions; and
• Has exclusive authority to authorize contracts in the name of the county.
- Texas Association of Counties
Commissioners Q&A: Group sets budget, taxes and is the governing body of Crockett County
By MELISSA PERNER
The Ozona Stockman
This is the third in a series of Ozona Stockman question-an-answer articles featuring county and state officials in our community.
Today's article features the Crockett County Commissioners.
Crockett County has four commissioners that represent four county precincts.
Commissioner Frank D. Tambunga responded to these questions:
Why did you decide to run for your position?
I decided to run because my predecessor, my father, my uncles and other men fought so hard to have fair representation for citizens in our precinct in our county government during their time. I wanted to continue moving our county forward allowing fair representation for everyone in my precinct, as well as the entire county. I want people to know in my precinct and the county that their voice makes the difference on how our county can change if everyone takes the time to get involved. I want to set the right examples so our future county leaders will notice all we have done and they too can continue moving forward, working together to better improve our county for everyone to enjoy.
What kind of training, education or experience did you have to have for your position?
I received a diploma from our own Ozona High School. I always say that I had an opportunity to receive education from the best teachers, such as Mrs. Kirby. Along with my diploma, I have the best training I received, which is learning from my parents and other people as I grew up in Ozona. Also, although I do not have a college degree, I have taken some college course throughout my career. My military experience and serving with people from different races has allowed me to learn how people from different race are able to work together. With all types of training the main source is using common sense and listening to people.
What is the one thing about your job you enjoy the most?
I care about Ozona and Crockett County. It is a good place to live and I like having the opportunity to represent everyone in my precinct and the county.
What is one duty in your job that you enjoy the least?
What I enjoy the least is having to appoint someone into a vacant elected office and not allowing voters to decide until election time.
What is one duty that you perform that most people may not realize falls under your position?
The commissioner’s court is the governing body for Crockett County. Although the other government entities and their board members in the county, such as the Crockett County Consolidated Common School District and its board members agree on a tax rate or agree to have a bond election, the commissioner’s court has the final decision on setting the tax rate for the school and allowing a bond election to take place.
What are some duties that you often get questions about that DO NOT fall under your position?
I always get calls from people complaining about others speeding down our neighborhood street. This is a law enforcement issue. I have even received calls from people wanting me to waive a citation. This is a Justice of the Peace issue.
If you could change anything about your position, what would it be?
Allow more opportunity for citizens to attend our open public meetings. Possibly going back to when I first started as commissioner where we were meeting twice a month during the day and in the evening when people are off and have a chance to attend. Also, right now a request from a commissioner to our county road department could take several weeks, in some cases months, before it is completed. Most requests come from citizens that do not understand how our unified road system works and we often get accused of commissioners doing nothing about their request. I would like to have our unified road system arranged to where the commissioners had a small crew that each could direct to attend to work requests in a timely manner while maintaining the same budget in that department.
What do you want the people of Crockett County to know about your position?
My position as commissioner is to be the voice of the people in my precinct in our county government. However, I hope everyone understands that I will listen to how you view different issues. Your views are very important to me, but as I represent you my actions must be on how it affects the entire county. I am well aware that if my actions are not satisfactory to the people, I represent I can easily be replaced. My actions are not made because I am scared of not getting reelected. My actions are what I feel are the right thing to do.
Any additional information you would like to add:
I am grateful for the opportunity that I have been given in representing the people in my precinct. I really appreciate everyone’s support.
Commissioner Pleas Childress III responded to these questions:
Why did you decide to run for your position?
I ran for the position of county commissioner because it gave me an opportunity to serve Ozona and the people of Crockett County. I felt I had the ability to communicate with others, be objective in my decisions and represent the voters with fairness and effective leadership.
What kind of training, education or experience did you have to have for your position?
A commissioner, upon being elected for the first time, must attend training school in Austin, Texas, during the first year in office. The following year and each year thereafter, a commissioner must obtain at least 16 classroom hours of continuing education. The education instruction must be certified by an accredited public institution of higher education. I have met and continue to meet these requirements.
What is the one thing about your job you enjoy the most?
I enjoy meeting and working with the people of Ozona and the employees of Crockett County. The county employs approximately 160 men and women, and I truly enjoy working with them as we strive to meet our needs and goals through local government.
What is one duty in your job that you enjoy the least?
The duty or responsibility I enjoy the least is meeting and paying for unfunded mandates handed down from the state or the United States level of government. Such mandates can create financial burdens for our county and counties throughout Texas.
What is one duty that you perform that most people may not realize falls under your position?
The Crockett County Commissioner’s Court creates the budget for the county, which includes all departments, boards and elected officials of the county. The court works with each different branch and their needs. We balance these needs with the tax dollars available for that next year. We combine these separate budgets to create the total county budget for the next calendar year.
What are some duties that you often get questions about that DO NOT fall under your position?
Many people ask about water problems and trash collections. These services are not controlled by the Crockett County Commissioners. They are managed by a separate board, which is the Crockett County Water Control and Improvement District #1.
If you could change anything about your position, what would it be?
The position of county commissioners is provided by law in the Texas Constitution (Article 5, sec. 15). This process has been working for many years in all 254 counties in the state. It would take an act of Texas State Legislation to modify or change it. I feel the process is working well and no changes are needed.
What do you want the people of Crockett County to know about your position?
There are many times that voters ask a commissioner to make decisions or changes in county activities. One commissioner cannot act alone and has no authority to act or speak for the county. The commissioner’s court is made up for four commissioners and the county judge. County business can only be conducted when the court is in session and a quorum is present (three to five). Each meeting must be posted for 72 hours prior to the meeting. A special “called” meeting is an exception to the 72-hour rule if emergency criteria is met. Commissioners do business as a commissioner’s court only.
Any additional information you would like to add:
I feel the duty of a county commissioner holds many challenges and expectations. Honesty, ethics, integrity and trust in God are important guidelines for me. I am honored that the voters of Precinct 2, in Ozona and Crockett County, have allowed me to serve them as commissioner.
Commissioner Randy C. Branch responded to these questions:
Why did you decide to run for your position?
I believe that if you are elected to a position, like county commissioner, over a period of time you may get a little “too comfortable” or “complacent” and a fresh set of eyes and ideas are needed. Two or three terms should be the max.
What kind of training, education or experience did you have to have for your position?
Qualifications to hold this office are: 1. U.S. Citizen; 2. Texas resident for at least 12 months; 3. Reside in your precinct for at least six months and 4. Must be 18 years of age. County Commissioners are also required, after taking office, to attain 16 hours of continuing education credits every 12 months.
What is the one thing about your job you enjoy the most?
I have enjoyed getting things done that are what you might call “special projects.” For instance, a new water park in Ozona was really needed and I believe it has been enjoyed by all who have used it. Another would be the Courthouse Renovation Project. Preserving our courthouse, without giving the deed over to the Texas Historical Commission, has been a slow process but I am looking forward to the finished project.
What is one duty i that you enjoy the least?
I get a little impatient dealing with the Texas Historical Commission about what we can and cannot do to “our” courthouse as part of our renovation. We have a “working courthouse” and it needs to be kept in a workable condition and not retrofitted back to 1902 era.
What is one duty that you perform that most people may not realize falls under your position?
I have not used this duty yet, but the commissioner’s court can “acquire property for rights-of-way or other uses determined to be in the public’s best interest.”
What are some duties that you often get questions about that DO NOT fall under your position?
School taxes and school related questions do not full under county commissioner duties other than my own “personal” opinions may be offered up.
If you could change anything about your position, what would it be?
I would like to be able to make “county ordinances” which would alleviate some of the problems we have a hard time controlling (i.e. dogs and cats running loose).
What do you want the people of Crockett County to know about your position?
I do not take this position lightly. I listen to all questions and concerns and urge all of the citizens of Crockett County to talk to your commissioners about any concerns you may have. They will listen when called upon.
Any additional information you would like to add:
I urge all citizens of Crockett County to register to vote and to use this right at every opportunity you get. The only way to be heard by your legislators is to call, write or vote! I thank you for the opportunity to serve you and look forward to the next four years.
Commissioner Alfredo Moreno Tobar responded to these questions:
Why did you decide to run for your position?
To place myself in a better position to help the people in Precinct 4. People often visited me at home with issues and I felt I wasn’t in a position with the ability to help them. I also saw that the south side community was deteriorating and it needed some serious attention.
What kind of training, education or experience did you have to have for your position?
I feel that to represent the people, you have to understand their wants, needs and what they are entitled to. I had never held a county office and when elected, I made sure to meet and exceed the required educational training and conferences.
What is the one thing about your job you enjoy the most?
There are many things I enjoy about my job but mostly it is seeing the differences made by our decisions. It was a lot of work, but I am glad to have been a part of the completion of the Southside Recreational Park (i.e. skate park, kids park, swimming pool).
What is one duty in your job that you enjoy the least?
It is an honor and privilege to serve our community and I feel all the duties required are rewarding.
What is one duty that you perform that most people may not realize falls under your position?
Other duties that fall under my position are ranch and county roads, street lights and abandoned vehicles to name a few.
What are some duties that you often get questions about that DO NOT fall under your position?
I have no authority when it comes to the sheriff’s department enforcement of the law.
If you could change anything about your position, what would it be?
I truly enjoy my position as Precinct 4 Commissioner. I can’t think of one thing I would change about the position.
What do you want the people of Crockett County to know about your position?
The position is about teaming with my fellow commissioners and judge in order to make the best decision for our community.
Any additional information you would like to add: