THE LAKE WATCH
 WWW.PLDA.ORG
 JUNE 2005
 

New Board Elected at General Meeting

Members elected new board members at the general meeting held in New Braunfels in April.  They took office at the May board meeting then elected officers from among the group.  Fifteen board members are authorized b the bylaws, a majority of whom must be landowners or representatives of land owners on Lake Dunlap.  Newly elected board members are: Bruce Sheppard, Bill Miller, Diana Salzman, Gary Grossenbacher, and Byron Foreman.  Officers elected for the 2005-2006 year are: Tony Sellers, President, Julius Grossenbacher, Vice President, David DeViney, Secretary, and Byron Foreman, Treasurer.  Officers may be reelected to two terms and there is no restriction on the number of terms board members may serve.  The board meets monthly.

 Fourth of July Parade a Tradition of PLDA

On the Fourth of July PLDA sponsors a Lake Dunlap Parade from Riverbend to the dam.  Everybody is invited to participate with decorated boats.  Prizes for 1st, 2nd, and 3rd place boats are awarded at the dam.  No registration is required and the rules are : (1) Show up on time and (2) join the parade. See the flyer in this bulletin.

 Insights from the Board
Prepared by Tony Sellers President of PLDA, on behalf of the Board of Directors.

 Purpose of PLDA

With the diversity of the population among Lake Dunlap neighborhoods, interests significantly differ. The Preserve Lake Dunlap Association (PDLA) exists to aid the citizens in organizing to maintain and enhance the lake’s natural beauty through the prevention and or elimination of pollution, growth of noxious weeds, and any other threat to the lake’s long term well being.

Lake Dunlap was former by the construction of the Schumansville Dam in 1928.  It continues to serve not only the homeowners along its shores but entire communities with fishing, boating, and water sports; and it supports the businesses which cater to these interests.  As the Texas water shortage drains this vital resource, Lake Dunlap has become a source of drinking water for several communities.  It also continues to serve, regrettably, as a sewer for New Braunfels; and PLDA continues its efforts, relentlessly, to seek appropriate treatment of the effluent pumped into the lake by New Braunfels Utilities.  Protecting the environmental quality of Lake Dunlap now, and for the future, safeguards our quality of life and shields property values from decline.  Our ability to influence the outcome of any action impacting Lake Dunlap is in direct relationship to the strength of PLDA’s membership.

 Membership Decline

IN 2004 PLDA’s membership was 180, but it has dropped to 129 in 2005.  We need more members with a passion for the future of the lake.  We need more members who are willing to expend not only their annual, dues but their time and effort for the protection of our property, the quality of the lake’s water and the safety of all who use the lake.  Many have made a considerable investment to be on the lake.  We need your involvement to protect your investment.

Better Lake Safety Needed

An increasing area population has put pressure on the lake environment, especially water safety.  Boats and especially the scooters seem to be everywhere.  PLDA recognizes the problems and will emphasize water safety, particularly enforcement of boating regulations.  A basic outline of boating safety requirements is included in this issue of LAKE WATCH.  (See also http://boat-ed.com/tx/course/whomayoperate.htm)

 Member Visit TCEQ

On June 9, board members Dan Laroe and Tony Sellers visited with Dr. Carol Lear and six other staff members at the Texas Commission on Environmental Quality (TCEQ).  Dr. Lear is the Senior Attorney for Water Quality at TCEQ.  The purpose of the visit was to ascertain the stats of the statutory review of comments (approx. 600) presented to TCEQ at its public hearing on the NBU permit renewal for its waste water treatment facility (Permit # 10232-001).

 

Public Comments Reviewed

TCEQ has been in the process of reviewing the comments for over two years.  The formal Reply to Comments (RTC) is expected in August, 2005.  Once the RTC is released in 30 day time period begins for additional information concerning the permit application, and particularly, information supporting grounds for a contested hearing on the permit.  TCEQ has indicated that NBU appears to be in compliance with regulatory standards and directives.  The basic controversy between PLDA and NBU, which has been the focal point of the two public hearings held thus far in 2002 and 2004, is NBU’s refusal to treat its effluent from waste water treatment facilities to remove phosphorous.  It is this chemical in its various forms which remains in the dark effluent and causes the dark green color of lake water and the excessive growth of algae.

 Guidelines for Safe Boating

Legal Requirements for Texas Boat Operators:

1.  Applicable to any powered boat with 10 or more horsepower, or sailboat over 14 feet.
2.  All persons born after August 31, 1984 are required to pass an approved Texas Park & Wildlife (TPW) boater education course.
3.  These persons must carry with them on the vessel the TPW certification and photographic identification.
4.  You must be 16 years of age or older to operate a power boat unless:
          a. You are 13 years of age, or older, and have passed TWP certified boater course
          b. You are accompanied by a person on board who is 18 years of age or older
          c. Be aware that the mandatory boater education law supersedes this law of limiting the age of power boat operators.

5.  You must be 16 years of age or older to operate a personal water craft unless:
          a. You are 13 years of age, or older, and have passed  Tip certified boater course
          b. You are accompanied by a person on board who is 18 years of age or older
          c. Be aware that the mandatory boater education law supersedes this law of limiting the age of power boat operators.

6.  Texas law prohibits anyone from boating whole intoxicated, including operation of any boat, sailboat, personal water craft, water skis, surfboard, wake board, or similar device (all collectively defined as a water vessel).  Operators who have a blood alcohol content of 0.08% or greater, are considered intoxicated.  By operating any water vessel on Texas water, you have consented to be tested for alcohol and/or drug if arrested by law enforcement.  Refusal to submit to testing will result in the suspension of your vehicle (automobile) driver’s license for a minimum of 180days. 
7.  Negligent and reckless operation of a water vessel is illegal, and is defined as the failure to exercise the care necessary to prevent the endangerment of life, limb or property such as:
          a. Operating at speeds that are not prudent based on traffic, water conditions, water, visibility, swimming areas, shorelines, skiers, persons fishing, divers, sailboats, and /or any other potential hazards.
          b. Causing damage to a person or property with the vessel’s wake       
          c. Allowing passengers to ride on the bow, gunwale, transom, seat backs or any place where there may be a chance of falling overboard.
          d. As an owner of a vessel you are liable if you allow others to operate your vessel in a negligent or reckless manner.
          e. Non-powered watercraft has the right of way. 

Legal Requirements Specific to Personal Water crafts (PWC)

1.  Each person is riding or being towed behind a PWC must wear a U.S. Coast Guard approved personal floatation device.
2. It is illegal to operate a PWC between sunset and sunrise.
3.  A PWC must maintain a distance of at least 50 feet from another vessel, person, stationary platform, or shoreline while under way.
4. A PWC should not be operated in a manner that requires the operator to swerve at the last possible moment to avoid a collision.
5.  A PWC should not jump the wake of another vessel.
6.  It is illegal to chase, harass, or disturb wildlife with a PWC
7.  It is illegal to buzz or spray another vessel or swimmer.
8. A PWC must be rated for at least two people when towing persons on any device and accompanied with a rear view mirror no less that four inches in size from bottom to top as well as across side to side
9. If an observer is used, a PWC must be rated for three people- the operator, the observer, and the towed person.

Special Note: As an owner of a PWC, it is illegal for you to allow anyone to operate your PWC in such a way as to violate the law of Texas.

 Contact Board Members

Officers and board members are listed on page one of this bulletin.

Members with questions are welcome to contact them.  The board meets on the third Thursday monthly at Miller Distributing Co. on I.H. 35.  Members are invited to attend and present their views.  If convenient contact Secretary David DeViney or President Tony Sellers to get on the agenda.

 Did You Know?

The first Lake Dunlap association began on January 27, 1967.  Bruce Shepherd, recently elected to the board, served as a director in 1967.  The association was incorporated in 1974.  During the next decade the organization battled with the City of New Braunfels over the weeds cut from Landa Park which floated into Lake Dunlap.  Pollution and water safety have always been the main concerns of the organization.  The dam creating Lake Dunlap was erected in 1928 and named the Schumansville Dam although the population of the town at that time was less than ten people.  The dam contains a fish ladder although no ladder-climbing fish have ever been known to inhabit the lake.  One of the two crocodiles found below the dam this year was captured by Texas Parks and Wildlife personnel.  The other one must be lonely.  IT would be wise to catch him rather than find him a companion.