By María Eugenia Guerra

ZAPATA -- In a manner now recogizable as her standard operating procedure for problem solving -- in this case for the falling water levels of the Falcon Reservoir and the destructive impact of those water levels on the economy of Zapata -- State Senator Judith Zaffirini called to a public hearing all interested, concerned, affected, and responsible parties. You may not have smelled the smoke at that October 30 public hearing, but you could see the discomfort of feet held to the fire as questions were asked and answers were tendered by representatives of the Texas Commission on Environmental Quality (TCEQ), Texas Parks and Wildlife Department (TPWD), U.S. Fish and Wildlife (USFW), and the International Boundary and Water Commission (IBWC).
Well-briefed on the concerns of Zapata residents for an unpredictable lake level that has wrought disaster on a local economy predicated in large part on revenues from tourism and sport fishing, the Senator spearheaded a panel comprised of U.S. Representative Ciro Rodriguez, State Rep.-elect Ryan Guillen of Starr County, and Zapata County commissioners Adolfo Gonzalez, Angel Garza, and Norberto Garza.
Though Zaffirini shared credit at the hearing with Rodriguez, Guillen, and others present (and made excuses for those not present, notably Zapata County Judge David Morales), the positive aspects of the hearing were clearly the fruit of her efforts and those of her staff to look at and find solutions for a plethora of problems that have devastated tourism and the Zapata recreational fishing industry to the tune of millions of dollars per year.
While Guillen and the Zapata County commissioners were largely inarticulate about the specific water-related problems the community faces, Zaffirini moved quickly to the core issues of having a lake level that allows a spawn this year, boat ramp and launching infrastructure, re-stocking of the fishery, illegal netting by Mexican commercial fishermen, and the buoying or removal of concrete hazards and old road and bridge infrastructure in the lake.
"They want solutions," she told representatives of state and federal agencies, including TCEQ Watermaster Carlos Rubinstein of Brownsville, a bureaucrat considered by many Zapatans to be obdurate, deaf to local concerns, and at work not for the entire watershed but mainly in the best interests of Valley citrus, cane, and produce growers.
"We don't want to listen to agencies and then have to tell our constituents, this is what the agency said. Give us some hope that we can meet their critical needs," Zaffirini said. After listening to Rubinstein's expiations for why his agency places so little value on whether or not Zapata has water enough to support an economy predicated on recreational revenues, the Senator asked him if he had ever played leapfrog as a child. "The citizens of Zapata call this a leapfrog. We are jumping over Zapata from Lake Amistad to the Valley. We don't want to hurt Amistad or the Valley, but we want to call attention to the needs of Zapata." Zaffirini pressed Rubinstein to address a two-fold concern voiced by Zapatans -- one is to keep the lake's level at at least 257 feet for the spawn from December to May and the other to prevent a drop of more than six inches within a two-week time frame during the six month spawn.
Rubinstein, who is to be credited for the ability to tap dance even when his feet are on fire, said that one solution to keeping some water in the Falcon Reservoir would be to acquire additional water rights to which to charge evaporation losses at Falcon rather than to Valley farmers and growers. Rubinstein suggested charging off those losses to the water rights owned by Texas Parks and Wildlife and U.S. Fish and Wildlife.
"Do I need to call Texas Parks and Wildlife? Does Rep. Rodriguez need to call U.S. Fish and Wildlife?" Zaffirini asked.
"How much water are you talking about? We don't agree with 50% evaporation rates here in Falcon. Do you need additional studies?" Rodriguez asked Rubinstein.
"We just need to ask for the authority to charge the losses to them rather than to the Valley farmers," Rubinstein said, adding his opinion that the Falcon Reservoir is half as efficient for water storage as Lake Amistad.
Texas Parks and Wildlife commissioner Donato Ramos, a Laredo rancher and attorney, told the panel, "Texas Parks and Wildlife has committed to release its water rights for this year."
"We also are committed to do it this year," echoed Ken Merrit, manager of the U.S. Fish and Wildlife's Río Grande Valley Wildlife Refuge.
Michael Evans of the International Boundary & Water Commission said that the commission could not release more or less water from Amistad but that it supported Rubinstein's effort to assign the evaporation losses to the state and federal wildlife agencies rather than to Valley growers.
Zaffirini asked Major Albert Gonzalez, head of Texas Parks and Wildlife Department's enforcement division, if it was feasible to fund two additional game wardens to put a dent in illegal netting activity by Mexican commercial fishermen who indiscriminately harvest all sizes and all species of Falcon Lake fish. Gonzalez said it was feasible, particularly in light of one warden vacancy in Zapata. Zaffirini also asked Gonzalez what requisitions he had submitted that had been denied. Gonzalez responded, "Our budget has been real tight on some things like night vision equipment." Zaffirini also questioned Gonzalez on his dealings with Mexican game warden counterparts, which Gonzalez depicted as an unreliable alliance. He also said that the illegal activity on the lake was two-fold -- illegal netting and drug smuggling in fishing boats, a view earlier stated by George Gunnoe, assistant chief patrol agent of the U.S. Border Patrol's Laredo sector.
Russ Downey, TPWD's engineer for recreational grants, told the panel that the state agency had grant money available for boating access facilities. "A local political entity must provide a match," he said, adding that grant applications from Zapata County "have not scored sufficiently to get grants."
Phillip Durocher, head of TPWD's inland fisheries, said that Falcon Lake had not been considered for re-establishing native vegetation because of the dramatic fluctuations in the water levels of the reservoir. "I'm going to ask staff to include Falcon in our studies," he said. Pressed by Zaffirini for when he would do so, Durocher said, "Within the next few weeks."
"How effectively do you communicate with the Watermaster?" Zaffirini queried Durocher.
"He's been real cooperative. The idea on how to mitigate the water level is a real good idea. It's not a permanent commitment, but we are doing it this year," Durocher said. As to re-stocking of fish, Durocher said, "The losses at Falcon have been dramatic due to lower water levels and the loss of habitat. We will stock as soon as conditions improve. It's going to be a priority." Durocher continued, "We won't be real successful in a reservoir that is declining. If we are able to stabilize this water level, we'll be here. The biologist who works this area keeps up with the water levels. He will make re-stocking recommendations."
Some of the most compelling testimony at the hearing came in the form of the visual presentation made by Zapata tackle store owner Larry Bridgeman, and from a host of Zapata County residents and landowners.
Bridgeman offered the panel and the 200 Zapatans in attendance a visual tour of the Falcon Reservoir when water was plentiful and in its current drought conditions. Calling the Watermaster "the only man in the free world to be following a philosophically bankrupt 59-year-old treaty," Bridgeman said that many of the reservoir's problems would be rectified if the lake could remain at levels between 265 feet and 285 feet. He chided Valley farmers for their use-it-or-lose-it practice of irrigating their already moist fields to preserve their water rights and the federal government for paying farm subsidies to Valley farmers who grow water-intensive crops like sugar cane. The photos of his presentation also depicted fishing piers and fishing camps high and dry out of the water as well as the slightly submerged Old Veleño bridge and the steel trestles at Tigre Grande Creek that pose life-threatening hazards for uninformed boaters on the lake. Using information from surveys and reports generated by Texas Parks and Wildlife, Bridgeman said that Falcon had been ranked the overall number one bass lake in 1994 and 1995 but had fallen to number 12 in 1997. "It is very likely not even on the list anymore," Bridgeman said.
Bridgeman reiterated concerns for having enough water for the annual spawn and implementing a low-level re-vegetation program. He also asked for the construction of all-level launching facilities that would work at levels between 242 feet and 262 feet with adjacent handicapped parking, access, and restroom facilities at Falcon State Park. He said that launching facilities in Zapata needed to work from lake levels of 246 feet to 261 feet and should also include handicapped parking, access, and restrooms.
The Zapata resident also asked for the improvement of existing ramps with the clearing of rocks and concrete rubble as well as improving the Old Veleño Bridge cuts by removing rubble and re-bar.
One of the most stunning and heartbreaking visuals in Bridgeman's presentation was information lifted directly from Texas Parks and Wildlife's 2001 executive summary about fishery decline.
The invited testimony part of the hearing culminated with the decision to appoint the Falcon Lake Task Force to clearly define the reservoir's problems and to then find ways to act on them. Senator Zaffirini named Ramos to chair the task force, adding that her staff member Chance Sampson would also serve on the task force. Ramos said, "We need to look at the whole watershed. Unless we can get some cooperation on the Mexican side, we provide only half a solution." Ramos urged the Zapata County commissioners to be aggressive with TPWD grant applications for recreational infrastructure and to ask questions.
In the public testimony part of the meeting that followed, Zapata County rancher Humberto Vela, who operates El Clareño Ranch on the shores of the reservoir, told the panel, "I have raised cattle when Falcon Lake was at the 307-foot level and when it was at the 249 level. At 307, I never had a Fever Tick problem. At 280 and below I have had repeated instances of Fever Tick infestation in my cattle. This results in additional costs in the form of loss of valuable grazing land, also additional cost of preventive methods in the treatment of cattle and deer, which are now an acknowledged carrier of the parasites.
"At the 307 level I saw limited amounts of alien migration across my lands and no incidences of illegal drug traffic. At the 280 and below, I have seen increased evidence of alien migration and a dangerous escalation in brazen drug trafficking -- to the point where members of my family have faced extortion and the lives of ranch workers have been threatened.
"Because of the issues that I have raised, I would submit to you that a full and proper consideration of the economic and national security impact of the water level in Falcon Reservoir must involve input from INS, Border Patrol, DEA, USDA (both Soil Conservation and Fever Tick Eradication branches), Fish and Wildlife, and possibly other state and local law enforcement agencies.
"In these times when federal funds will be limited and priority may be placed on issues of national security and border control, I think that we need to realize and make the case that a natural barrier is a great asset and the larger the barrier the greater its economic value.
"I would like to put forth a suggestion that I think we can implement locally, and by locally I mean those areas from below Amistad all the way to Falcon Dam. I believe that all areas which drain into the river and the Reservoir should be allowed and financially assisted to perform range management, brush control, and surface contouring to increase water capture in the Reservoir and all sources of inflow."
Beacon Lodge owner Gaylen Gilbreath told the panel that he had been to at least 20 meetings of the type hosted by Senator Zaffirini and that he and other Zapatans had tired of the ineffective outcomes. Gilbreath said that business in Zapata was off by 80% and that the annual Winter Texan influx that used to bring 10,000 visitors to the area now brought only 1,500. "We are economically decimated here," he said.
After the meeting, Gilbreath elaborated.
"As of right now Oso Blanco, Lakefront Lodge, and Beacon Lodge are up out of the water. Juan Vela, Twin Coves, Cox's Camp, and Redwood Lodge all had boat docks that are useable no longer. Some of those businesses are hanging on as motels. I used to have a waiting list at my park for RV space rentals. I only rent six or eight now."
Gilbreath, a director of IBC Bank, said, "The value of this lake could not be more clear to us than when we review financials for individuals who built businesses and their lives around this lake. Our CEO says Falcon Lake is a $10 million asset to Zapata."
Gilbreath noted the differences between Amistad and Falcon in ownership of the lakeshore. "On Amistad, the lakeshore belongs to the Department of the Interior. You cannot build a house, a business, or anything on it. If Amistad drops 100 feet, it means nothing to anyone. They have boat ramps a quarter-mile long, way into the water," he said, adding, "In Zapata, they took away land from the ranchers and the farmers and told them to go ahead and build a business on the lake. Both ends of this lake were meant for prosperity for the farmers. That's the name of the game. Why is Zapata the sacrifice? I guess we don't have enough votes to make a difference or to get someone to listen to us. The Valley has large lobbyists to look out for its water interests."
Gilbreath said the Treaty of February 3, 1944 (Water Treaty for the “Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande”) had outlived its usefulness. "Things change over the course of a hundred years. We change laws every day. Why are we abiding by a 1944 treaty that not only doesn't address our problems, but it creates our problems? The Mexicans are sure not operating by the treaty."
Gilbreath minced no words on his feelings about Watermaster Rubinstein. "One man is playing God with us. I've heard him say he could drain Falcon Lake if he wanted to. It must feel real good that you have a job with that much power, that you can ruin one whole town while giving their water to another. How does he sleep at night? He said he could be sued for just a little bit of evaporation. What farmer is going to sue for 2.002% evaporation?"
Gilbreath conceded that the day's hearing showed some promise. "On one account. Judith Zaffirini. It's going to take someone like her to move things along and to get better numbers. The Watermaster is using his own figures for evaporation losses. We need another set of figures. We need to reach a point where we store the water that has to go through here. They need to leave it here in Falcon until they need it."
A native of Ft. Worth, Gilbreath came to Zapata 40 years ago, drawn, he said, "to the big fish in this lake, the biggest deer, the biggest rattlesnakes, and ten-cent gasoline. I liked that I could see a long way on this land. I was born to fish."
Reflecting on the productive outcome of the Zapata hearing, Zaffirini said, "I organized the public hearing in response to constituent concerns. My goal was to use the hearing as a starting point to bring agencies and citizens together to develop a plan that addresses the problems at Falcon Lake. Ensuring Falcon Lake can support the peak spawning season over the next two years is one of my top priorities. Our panel of federal, state, and county elected officials voted unanimously to create the Falcon Lake Task Force and asked Laredoan Donato Ramos to serve as its chair. Having a group composed of those vested in the restoration of Falcon Lake has been the 'missing link' in this situation. This group also will work to develop long-term solutions to other problems such as illegal fishing and insufficient boat dock and pier facilities."
Zaffirini added, "It is significant that the Task Force will include representatives from Mexico. I strongly believe that options are increased greatly by the participation of our southern neighbors. Citizens can be assured that this problem will be addressed by the right people. The first meeting of the Task Force is being arranged for early December.
"We have to remember that this situation evolved over time. The October hearing and the December meeting of the Task Force are important first steps. In the meantime, we have negotiated an agreement between Texas Parks and Wildlife and the U.S. Fish and Wildlife Service that will allow water to be held in Falcon Lake for the upcoming spawning season. This agreement is not a long-term solution, but it does ensure water in the lake immediately and buys time while we work on a permanent solution."
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An update from Larry Bridgeman at press time, nearly three weeks after the hearing:
"Good news -- the lake level is at 268.11 feet. Bad news -- Phillip Durocher (TPWD's inland fisheries) last week says that there is no allocation associated with TPWD's water rights because of previous non-use. So that may not be an option even though it was offered as one at the hearing in Zapata. They probably knew that before the hearing. Also, they recommended no change this week in their regulations hearing even though the species with 25 fish limits, i.e., crappie, white bass, channel cat, and blue cat, are virtually extinct in the reservoir. No change on black bass, still have five-fish, 14-inch limit, which really should have been changed to three fish and none over 18 inches for several years or catch and release only. Regarding stripers, Durocher is still insisting that they do not destroy crappie and white bass. He says they have opened 10,000 fish and found no white bass or crappie.In previous years we caught a lot of stripers and nearly always found white bass and crappie in their gullets.Maybe the reason they are not in the TPW gullets is because there are no more crappie and white bass."