Report on the San Marcos River Task Force

VI. Ongoing Caldwell County Litigation and Guadalupe County Actions

The recreational activity in the study area has led to a lawsuit in Caldwell County and to a regulatory challenge in Guadalupe County. In February 2016, Mr. Tom Goynes and his wife Paula, individually and doing business as the San Marcos River Retreat (which is within the study area), sued the two tubing companies in Caldwell County District Court (Goynes v. Don’s Fish Camp and Texas State Tubes, Cause No. 16-0-075). The plaintiffs in the Goynes case rely on theories of “private nuisance” and “nuisance per se”, and seek injunctive relief that would require the defendants to undertake certain measures to control recreational use of the riverbed. In August 2016, the parties agreed to a temporary injunction (Tab 50) that would address recreational use in the riverbed pending the trial on the merits, which is scheduled for November 28, 2016. Plaintiffs have also filed a Motion for Contempt, claiming that the defendants failed to abide by the temporary injunction over Labor Day weekend 2016. The Motion for Contempt is scheduled for hearing on November 8, 2016. Mr. Goynes and the tubing companies are members of SMRTF.

On October 18, 2016, the Guadalupe County Commissioners Court heard the application of Cool River Ranch for a permit for the next Float Fest, which the promoters were proposing for July 21-23, 2017. The application was denied by a 3-1 vote. The promoters have submitted a revised application which would reduce the event from three days to two. The Commissioners Court’s “Notice of a Special Meeting” and vote results are included at Tab 51.

Additionally, Guadalupe County passed a resolution on November 1, 2016 requesting that the legislature authorize a local option election for the creation of a Water Oriented Recreation District (Tab 52, Guadalupe County Resolution).