Preserving Texas In the News

By MAX B. BAKER and R.A. DYER

Driving around the borders of the proposed Eagle Mountain Lake park, Dave Hooper sees a small group of white-tailed deer feeding in the high grass. On other tours, usually at daybreak or dusk, he has seen foxes, coyotes and wild turkeys.

"There even have been reports of eagles out here," said Hooper, who grew up playing on the shores of Eagle Mountain Lake. "It's a nice place to start and end the day, even as you drive past the sign that says, 'Keep Out.'"

If all goes as was promised last week, that sign may be coming down, and Hooper may be able to walk across the 400-acre site. Gov. Rick Perry last week announced an agreement by the Texas Parks and Wildlife Department to sell the land for use as a local park.

A lot of questions still swirl around the complicated land transaction, however. Details have not been released on exactly how much will be paid for the property and who is donating the money, when the park could be opened and what amenities it might contain, and how many natural gas wells are likely to be drilled on the site. There is a pervasive fear as well, particularly with the political winds swirling around Perry's announcement, that the deal will fall apart.

"It's hard to express concerns about a real estate transaction we don't know anything about at this point," said Hooper, who is president of Save Eagle Mountain Lake, a nonprofit group that has been lobbying for the park for years.

White knight?

Perry announced late last week that the undeveloped state parkland would be sold to local authorities and developed as a park. The governor said proceeds from the sale would be used to buy land for a bigger regional state park, presumably an unidentified 5,000-acre property in Palo Pinto County. The state bought the Eagle Mountain land in 1980 for $3.8 million. The deal is being pulled together by the Trust for Public Land, a San Francisco-based nonprofit group that specializes in developing parkland through public-private partnerships.

In addition to about $3 million contributed by the water district and Tarrant County to buy the land, the group reportedly is expected to get donations from TXU, AT&T and others. Sources familiar with the sale say the price is about $10 million. Previously the water district offered $10.5 million for the land with its mineral rights. Later it offered $2 million for just the surface rights. A real estate appraiser knowledgeable of land sales in the area surrounding Eagle Mountain Lake said the $10 million price tag seemed reasonable.

But the letter of intent from the Trust for Public Land outlining the deal remains private. The selling price remains private. The possible contributions of corporate donors remain undisclosed. A spokesman for the group said the letter includes private details, such as a discussion of time limits for coming up with the money.

James Sharp, a spokesman for the trust, said that the group's mission is to conserve green space -- but that it's ultimately up to the government agencies to work in good faith to help make it happen. "Eagle Mountain Lake is a perfect example of how we work with communities," Sharp said. "As an independent nonprofit, one of the ways we work in the marketplace is we can work with some confidentiality. ... We prefer to work with confidentiality before the terms are finalized, and [so far] the terms are not definite."

The Texas General Land Office has also declined to release the letter and has indicated that it will seek an attorney general's opinion on whether it should release the letter as requested by the Star-Telegram under the Texas open records law. "We've got negotiations to do, and there is a dollar amount in [the letter]," said Texas Land Commissioner Jerry Patterson, explaining the decision by his office to withhold the information. Patterson said it could take up to six months to complete the transaction. He and others familiar with the negotiations said one of the options has always been to get a public trust -- a white knight -- to buy the property for a park. The other option was to sell portions for development and retain some of it as green space.

Joseph Fitzsimons, chairman of the Texas Parks and Wildlife Commission, is confident that the deal will get done. Fitzsimons said he asked the Trust for Public Land to take the lead because he believed that the group's entrepreneurial spirit was a perfect match for such a complicated purchase. "These guys are pros. They would not submit a letter of intent if they weren't confident they could close the transaction," he said.

Wells and wild turkeys

While there are not yet any formal plans, officials envision the land at Eagle Mountain Lake as a day park with hiking trails, bathroom facilities, picnic areas and open spaces for visitors to view wildlife. The $1 million pledged by the county four years ago was for acquisition and development, and the county may consider increasing it, Tarrant County Administrator G.K. Maenius said.

The water district may also boost the $2 million it has committed to the project. Jim Lane, a water board member, said the first thing the district may have to do is hold public hearings throughout Tarrant County to allow taxpayers to comment about how the land should be used.

Some people wonder whether the wildlife, and the visitors who go there, can peacefully co-exist with the natural gas wells that are also planned for the site. State park officials said that there are already two wells on the land -- one is completed, the other just got under way -- and that another four to five pad sites could be added.

Apparently as much as 10 acres could be set aside for natural gas exploration. Depending on what is needed after the drilling rig is gone, the well sites could be designed so that they are not intrusive, said Ted Hollingsworth, senior project manager in the state parks department's land conservation program. "The vast majority of existing rigs on our properties -- after the drilling is completed -- end up with a simple Christmas tree to a set of valves and small tank battery," Hollingsworth said. "There are ways to minimize the impacts."

Vic Henderson, president of the Tarrant Regional Water District board and a petroleum engineer, said they can strike a balance. "I feel they can co-exist, especially with the type of park that is being anticipated," Henderson said. While he would rather not have wells on the parkland, Hooper said it's better than having no park at all. He is also somewhat concerned that the deal could come undone if the criteria hinge on the amount of money to be paid. "Is the biggest amount of money always the best for the taxpayer?" Hooper asked.

Luke Metzger, an activist with Environment Texas, has been critical of the state's dealings with regards to Eagle Mountain Lake. But he said that in this instance he understands the need for confidentiality. He noted that the Trust for Public Land has an excellent track record of working with government agencies and the private sector to preserve land for conservation use.

"I would give them the benefit of the doubt -- a lot of these negotiations need to be kept confidential," Metzger said. "And this is state business [so eventually] we should be able to see the deal ... and any questionable environmental impacts, and those kinds of details, need to come out."