WITHDRAWN Commission Meeting Agenda Item No. 12
Presenter: Jason Estrella

Action
Grant of Utility Easement – Rusk County
Approximately 0.2 Acres at Martin Creek Lake State Park
August 25, 2022

I.      Executive Summary: Rusk County Electric Cooperative (RCEC) is requesting a new utility easement to connect an existing 500-foot powerline, located on state property, to a proposed 1,760-foot powerline on Luminant property, adjacent to Martin Creek Lake State Park.

II.     Discussion: In 1976, the Texas Utilities Generating Company (now Luminant) deeded the 286-acre Martin Creek Lake State Park to the Texas Parks and Wildlife Department (TPWD), which opened the park to the public the same year.  The park sits on the shores of the 5,000-acre Martin Creek Lake, providing outdoor recreation for park visitors such as fishing, paddling, water-skiing, and swimming; as well as cooling water for a lignite-fired, electricity generating plant.

In the mid-1970s, a powerline of about 3.1 miles in length was constructed to provide power to operate the gates on the Martin Creek Lake Dam. That line is in now in need of major repairs.  In lieu of rebuilding the original powerline, Luminant is requesting RCEC build a powerline from the east side of the state park to the dam gates.  The line would tie into an existing easement and line that serves the state park and would require 350 feet of new easement across the park to reach the park’s east boundary. RCEC would then only need to construct an additional 1,760 feet of new power line, saving Luminant and RCEC from using a much longer and more circuitous route to reach the gates.

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.”

Attachments – 5

  1. Exhibit A – Resolution
  2. Exhibit B – Location Map
  3. Exhibit C – Vicinity Map
  4. Exhibit D – Area Map
  5. Exhibit E – Map of Requested Easement Route

Commission Agenda Item No. 12
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Request for Utility Easement Covering Approximately 0.2 Acres of Real Property in Rusk County 

Resolution

     Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates Martin Creek Lake State Park (SP) for an array of conservation and recreation values providing fishing, hiking, camping, and a variety of day use opportunities for the public; and,

     Whereas, Rusk County Electric Cooperative (RCEC) holds an easement and powerline along the east side of the SP and Luminant owns land adjacent to the park and operates Martin Creek Lake Dam; and,

     Whereas, RCEC requests a 30-foot-wide easement, approximately 350-feet long for extending the existing powerline across Martin Creek Lake SP, for the purpose of connecting to a proposed, upgraded powerline on Luminant property and providing electricity to the Martin Creek Lake Dam; and,

     Whereas, TPWD staff finds this installation will have minimal impacts to the SP; 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 SP in which such newspapers are published (the Longview News-Journal in Gregg 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) and  (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 RCEC 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 August, 2022.

Arch “Beaver” Aplin, III, Chairman

Dick Scott, Vice-Chairman

James E. Abell, Member

Oliver J. Bell, Member

Paul L. Foster, Member

Anna B. Galo, Member

Jeffery D. Hildebrand, Member

Robert L. “Bobby” Patton, Jr., Member

Travis B. “Blake” Rowling, Member



Commission Agenda Item No. 12
Exhibit B

Location Map for Martin Creek Lake State Park (SP) in Rusk County


Commission Agenda Item No. 12
Exhibit C

Vicinity Map for Martin Creek Lake SP in Rusk County
Approximately 20 Miles Southeast of Longview


Commission Agenda Item No. 12
Exhibit D

Area Map of Martin Creek Lake SP
Location of RCEC’s Requested 350’ Easement in Yellow
RCEC Existing 500' Easement in Pink
RCEC Proposed 1760' Powerline in Blue
RCEC Existing Powerline in Green
State Park Boundary in Red


Commission Agenda Item No. 12
Exhibit E

Area Map of Martin Creek Lake SP
Location of RCEC’s Requested 350’ Easement in Yellow
RCEC Existing 500' Easement in Pink
RCEC Proposed 1760' Powerline in Blue
RCEC Existing Powerline in Green
State Park Boundary in Red