Commission Agenda Item No. 5
Presenter: Ted Hollingsworth

Action
Grant of Drainage Easement – Hidalgo County
Approximately 1 Acre at the Estero Llano Grande State Park
March 25, 2021

I.     Executive Summary:  The city of Weslaco (City) requests an easement on the Estero Llano Grande State Park (SP) for upgrading drainage infrastructure, including the replacement of culverts under the park entrance drive and the re-profiling of an existing drainage channel.

II.    Discussion:  Estero Llano Grande SP is one of three units of the World Birding Center (WBC) and consists of 230 acres of native landscape including woodlands, thorn forest, and a shallow lake.  The WBC attracts a wide variety of birds due to its hab­i­tats and its lo­ca­tion; about 340 species have been documented there.  The park has many trails which are easily accessible to visitors in order to enjoy bird watching and view other wildlife species.

The City has scoped and let a project to significantly improve drainage upstream from the park. To facilitate the project, the City is requesting access to Estero Llano Grande SP property to conduct maintenance of an existing drainage channel, including removing vegetation, re-excavating channel contours, rebuilding headwalls for erosion control, and replacing culvert pipes with larger culvert boxes under FM 1015 on the west side of the park and the park’s entry drive.  The Hidalgo and Cameron Counties Irrigation District No. 9 (District) has managed and cleared the subject drainage channel for many decades prior to and continuing through the Texas Parks and Wildlife Department’s (TPWD) ownership of the park. The TPWD staff, the District, and the City have worked together cooperatively to determine the extent of the District’s pre-existing prescriptive easement for the drainage channel.  Some of the proposed culvert and channel contouring work presupposes a 100-foot wide easement and work area.   Because of a lack of a legal description of the District’s easement, there is some question as to whether a small portion of the project area is included within the District’s pre-existing easement.

While the City and the District believe that an existing easement encompasses the entire work area, all parties agree that a recorded easement clearly defining the District’s easement would benefit and protect all parties, especially if any portion of the work area is not included in a current easement.

The TPWD staff is also evaluating impacts to the park from increased runoff from the City as part of the drainage project.  The City and the District are amenable to TPWD’s recommendations for additional water management measures inside the park to benefit the wetlands of Estero Llano Grande SP and to mitigate the potential flooding of TPWD land.  Recommendations primarily consist of a pump station that would move water from the drainage ditch into the park’s ponds and marshes during low-flow events and into the Llano Grande once the park’s wetlands are full. Currently, TPWD pays the irrigation district for water to keep its wetlands hydrated during dry periods.

III.   Recommendation:  The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts the Resolution attached as
  Exhibit A.”

---

Commission Agenda Item No. 5
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the
Granting of an Easement Covering Approximately 1 Acre of Real Property in
Hidalgo County for the Maintenance of a Drainage Channel

Resolution

     Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates the Estero Llano Grande State Park (SP) for a variety of recreation and conservation values, including restoration and management of a varied landscape that includes significant habitats for many resident and migratory species, including songbirds, shorebirds, and wading birds; and,

     Whereas, the City of Weslaco (City) is seeking to reduce flooding in the City by upgrading drainage infrastructure upstream from the SP; and,

     Whereas, the Hidalgo and Cameron Counties Irrigation District No. 9 (District) has managed and cleared the affected drainage channel in the park for many decades prior to and continuing through TPWD ownership of the park; and

     Whereas, the City requests access to the SP to accommodate part of its planned drainage upgrade, including the installation of larger culverts at the park’s entry; and,

     Whereas, the City and the District are unable to provide a legal description of the District’s pre-existing easement to ensure that the City has the rights necessary to perform the drainage work in the park as planned; and,

     Whereas, the City requests use of approximately one acre of land running along the north and south side of an existing channel to accommodate the proposed drainage improvements; and,

     Whereas, a recorded instrument describing the District’s easement would confirm the City’s ability to use the subject approximately one acre of land as requested; and,

     Whereas, the City has agreed to measures for reducing ponding and retention times in the park, including the installation of a high capacity pump for moving water out of the drainage channel in the park into park wetlands and/or  the Llano Grande as needed; and,

     Whereas, the Texas Parks and Wildlife Commission (Commission) finds that as required by Texas Parks and Wildlife Code (PWC) chapter 26, notices of today’s hearing of this matter were published at least once a week for three consecutive weeks in newspapers of general circulation which are published at least six days a week in the communities nearest to the state park in which such newspapers are published (The Monitor in Hidalgo County), 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,

     Whereas, the Commission finds, in accordance with PWC chapter 26, that (1) there is no feasible and prudent alternative to the use or taking of such land (Easement);  (2) the program or project that requires the use of an Easement includes all reasonable planning to minimize harm to the land; and,

     Whereas, the Commission finds that the grant of an Easement subject to conditions that will minimize harm of the Easement to the SP is in accordance with PWC section 11.301; and,

     Now, therefore, the Commission authorizes the Executive Director to take all necessary steps to negotiate terms and conditions under which an Easement may be granted, and to grant an Easement to the Hidalgo and Cameron Counties Irrigation District No. 9  for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

     Adopted and approved this 25th day of March, 2021.

---

Commission Agenda Item No. 5
Exhibit B

Location Map for Estero Llano Grande State Park in Hidalgo County

---

Commission Agenda Item No. 5
Exhibit C

Vicinity Map for Estero Llano Grande World Birding Center State Park (SP),
2 Miles South of Weslaco

---

Commission Agenda Item No. 5
Exhibit D

Map of Estero Llano Grande State Park Outlined in Yellow

---

Commission Agenda Item No. 5
Exhibit E

Map of the City of Weslaco’s Requested Easement Area Outlined in Red
Estero Llano Grande State Park Outlined in Yellow