The Save Our Springs Alliance has filed suit against the West Travis County Public Utility Agency and its board of directors, challenging the utility’s decision to condemn 2.685 acres of the Barton Creek Habitat Preserve in Southwest Travis County.
SOS describes the preserve as “one of the most significant, untouched natural areas in Central Texas, spanning over 4,000 acres. Just a few miles from Downtown Austin, the Barton Creek Habitat Preserve is a unique refuge for native wildlife, including the black-capped vireo and the endangered golden-cheeked warbler.”
Bill Bunch, executive director for the Save Our Springs Alliance, called the land “irreplaceable” in a news release. He added, “From protecting water quality to preserving habitat for endangered species, the Barton Creek Habitat Preserve is essential for maintaining the ecological balance and natural beauty of Austin. Losing any part of it would be a devastating blow to our environment and the city.”
The lawsuit, which was filed on Nov. 15 in Travis County District Court, describes the hearing the utility board held in October as failing to meet the requirements of Chapter 26 of the Texas Parks and Wildlife Code in several different ways. According to the lawsuit, the defendants failed to provide proper notice and “failed to consider clearly enunciated local preferences,” as required by the law. “Defendants arbitrarily and capriciously determined that there is no feasible and prudent alternative to the use or taking of such land, providing no record of the consideration of any alternatives.”
The property, which is owned by the Texas Nature Conservancy, also includes a conservation easement owned by the city of Austin. The city purchased the easement in 2021 using funds from the 2018 open space bond.
It is not clear whether the city of Austin plans to take any action related to the proposed taking of its property. The Austin Monitor reached out to Austin Water for information but had not heard back by our deadline.
The West Travis County Public Utility Agency “can readily keep its pipeline within the existing right-of-way” with zero or minimal harm to the Barton Creek Habitat Preserve, according to SOS attorney Bobby Levinski.
“Conservation easements are designed to protect wildlife and natural resources from development, not to be targeted by public utilities as cheap corridors for building and expanding their facilities,” he said.
The utility voted to condemn the property in order to build a water main to serve new development along U.S. Highway 290 West in western Travis and northern Hays counties. If SOS wins the lawsuit, the utility will be forced to hold another hearing as required by state law. They will have to provide evidence that there is no reasonable alternative to taking the preserve land.
The project that sparked the lawsuit is separate from the Mirasol Springs development, which is also being worked out with the West Travis County Public Utility Agency and would provide a new 3-inch water pipeline extension with water from Lake Travis.
Photo made available through a Creative Commons license.
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