Resolution

Whereas, Texas Parks and Wildlife Department (TPWD) owns land within the city limits of San Marcos, Hays County, with approximately 3475 feet of San Marcos River frontage, where TPWD operates  the A.E. Wood Fish Hatchery (AEWFH); and,

Whereas, AEWFH specializes in rearing fingerling sport fish for stocking into more than 300 Texas reservoirs; and,

Whereas, water for the AEWFH and its ponds is obtained from the spring-fed San Marcos River; and,

Whereas, the City of San Marcos (the City) is partnering with the U.S. Army Corps of Engineers on an Aquatic Ecosystem Restoration Project (the Project)  to eliminate exotic vegetation and restore native vegetation to the San Marcos River and its banks; and,

Whereas, TPWD supports the Project; and,

Whereas, for the City to qualify for certain grant funds to carry out the Project, the City must have fee ownership or a permanent easement covering all properties included in the Project; and

Whereas, the City has requested a 12-acre easement from TPWD along the 3475 feet of San Marcos River frontage (the easement); and,

Whereas, the easement will be crafted to not adversely affect any operation or the primary objectives of the AEWFH; and,

Whereas, the Texas Parks and Wildlife Commission (the Commission) finds that notices of today’s hearing of this matter were published at least once a week for three consecutive weeks in a newspaper of general circulation which is published at least six days a week in the community nearest to the property in which such newspapers are published (San Marcos Daily Record) with the last day of publication being not less than one week or more than two weeks before the date of today’s hearing and that such notices specified the date and time at which the Commission would hear testimony regarding the proposed easement; and,

Whereas, the Commission finds, (1) that there is no feasible and prudent alternative to the use or taking of the easement; and, (2) the project includes all reasonable planning to minimize harm to the easement and to EAWFH; and,

Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code, that granting the easement for purposes of habitat restoration on riparian property is in the best interest of TPWD; and,

Now, therefore, the Commission authorizes the Executive Director to take all necessary steps to grant an easement for the purposes and subject to the conditions described herein and in the motion approving this Resolution.

Adopted and approved this 23rd day of January, 2014.