Developers Sued for Silt in Austin's Famed Hamilton Pool

Rodman Excavation, Inc. of Frisco, Texas and Coldwater Development, Ltd. are being sued by the Texas Attorney General on behalf of the Texas Commission on Environmental Quality as well as Travis County, where the historic and popular pool is located.

The lawsuit claims that a Hays County subdivision called the Ranches at Hamilton Pool "disturbed the land without effective pollution control measures" during construction, "causing the pollution of Hamilton Creek and damaging Hamilton Pool."

The developers say they followed all state and Hays County regulations. They blame heavy rains in late May, but complaint states that government inspectors saw "silt-laden runoff" flowing into Hamilton Creek in September.

Hamilton Pool in Travis County, Texas (Photo credit unknown)

They also want the court to order the developers to retain an environmental engineering firm to determine the reasons for the pollution and the failure of pollution controls.

They are asking the court to order operational and physical modifications to prevent the discharge of pollutants and remediation of the environmental damage to Hamilton Creek and Hamilton Pool, including the payment of all remediation costs.

"Our intent in joining forces with Travis County is to make sure all evidence of any environmental violations is brought forth and fully prosecuted under state law," said TCEQ Executive Director Glenn Shankle, as he filed the lawsuit October 30.

About 3/4 of a mile upstream from its confluence with the Pedernales River, Hamilton Creek spills out over limestone outcroppings to create a 50 foot waterfall as it plunges into the head of a steep box canyon. The pool and a grotto were formed when the dome of an underground river collapsed due to erosion thousands of years ago.

Located 30 miles west of Austin, the pool was designated a preserve by the Travis County Commissioner's Court in 1990.

The water quality is monitored regularly. Swimming is allowed at the pool only when the water meets safe standards and the pool is periodically closed due to high bacteria levels. Even so, the preserve attracts some 75,000 visitors each year, and a trip to the pool was named the Best Day Trip - Wet in the Best of Austin awards for the past three years.

Travis County Judge Sam Biscoe called Hamilton Pool an important county landmark that must be restored for future generations.

"We must ensure that the pool is clear once again and also that we put measures in place to protect it from future pollution threats," the judge said. "We cannot let development ruin this environmental jewel."

The preserve is inhabited by the federally endangered migratory golden-cheeked warbler, and many other birds. The uplands of the preserve are a juniper and oak savannah; several rare plant species including the chatter box orchid are found in the canyon areas along Hamilton Creek.

Hamilton Pool Preserve is a part of the Balcones Canyonlands Preserve, a 30,428 acre system of endangered species habitat owned by Travis County, the City of Austin, The Nature Conservancy, the Lower Colorado River Authority, Travis Audubon Society, as well as private owners.

The Balcones Canyonlands Preserve represents a regional effort to balance protection of endangered species habitat with economic development.

Copyright Environment News Service (ENS) 2007. All rights reserved.