July 2006 Archives

There we were at work today, Gretchen and I, in downtown Austin in our spacious "atrium" (what used to be the lobby before it got made into the area for our desks). It has a 2-story ceiling and a 2-story bank of windows along one side of it, and Gretchen's desk abuts part of the glassed-in front area as well. Out of the blue she said, "What is up with the birds this year? They keep flying into the windows!"

So it appears that it is, at the least, a city-wide phenomenon. I told her about our birds at home, and Hugh's blog entry of the other day and Nell's response. Tres bizarre, as they say in France (about les oiseaux et les fenetres, undoubtedly).

Maybe their little brains are addled by the heat. Maybe it is a mass bird-suicide protest attempt along the lines of beached whales and dolphins. Maybe it's Hitchcock come to life and they're aiming at our heads, only those darn clear flat things keep getting in the way and foiling their dastardly plot.

Opening July 28th at Barton Creek Square 14.

Here is the homepage

Also a Wiki entry

Not many reviews out yet, but a few here

Yesterday afternoon, I was surprised sitting in my office by a bird slamming into the window. This happens from time to time. But yesterday, this sparrow was hurtling full speed, and when he hit the window, he stunned himself and slid down to the porch. I ran out and the little guy lay motionless except for breathing about a thousand times a minute. This was a dangerous situation as our cats like to hang out in just that spot. I stood guard for several minutes, hoping the little guy would come around, but he just lay there. I nearly gave up on him, and went inside to retrieve a piece of cardboard to move him with; when I returned, he still lay there but as I approached, he revived and flew away. Me cheering!

About an hour later, another bird slammed into the window again! Recovered nicely, and flew off.

I have two hypotheses.

First, something about the window glare fools the birds. The windows are under the porch roof, not on the perimiter of the house, and are face North. So it's unclear to me what a bird could mistake them for.

My second theory occurred to me only during a bike ride later that evening. The wind was blowing strongly out of the South. Could it be that a bird has to work really hard flying south against the wind, and that when it drops down below the roofline in the lee of the house, it suddenly finds itself moving twice as fast as it expects?

Sorry, but the hamburger part of the announcement was wrong. They have cancelled that. The ice cream part is still correct and will begin at 6:30. The meeting with Gerald Daugherty about signage around the Hammett's Crossing bridge will begin at 7:00.

Christie Schroeter, our neighbor out in Cypress Mill, has organized a community meeting with Gerald Daugherty to discuss the problem of speeding on the hills and bridge at Hammett's Crossing. The meeting will be held at St. Luke's fellowship hall in Cypress Mill. It's being billed as an ice cream social and is scheduled for 7p.m. on Thursday, July 27.

In order to get Commissioner Daugherty to speak to all of us in the community, Christie (who lives in Blanco County) had to promise that she would get people from the Travis county side of HPR to the meeting. Please let everyone you can think of who use the low water crossing (and even those who don't but might like to get together with neighbors and have some ice cream) to this gathering.

By the way, there will also be a hamburger supper before the meeting at 6 p.m. on the church grounds and everyone in the community is invited....just bring a side dish and come if you can.

While looking at the freshly disturbed waterline right-of-way from Hamilton Pool Road one will notice that the waterline traverses slopes on all portions of the right-of-way that are visible from the road. No earthen water diversion terraces can be seen from the road. Loose soil along the slopes is protected only by temporary silt fences.

What is likely to happen is that during hard, washing thunderstorms, loose soil will wash downhill and accumulate against the silt fences. When soil washes downhill the structure and the texture of soil is irreparably damaged, so that soil damage occurs even though the LCRA may be able to blade some of the soil back into place. Silt fences are for construction phase erosion control only. Grass plants, yet to grow, would provide some protection from erosion; but warm season perrenial grasses normally require three to five years to mature. Vegetative cover is subject to damage by drought, by vehicular traffic, and by disease and should therefore be augmented by permanent terraces. Even with the right-of-way fully revegetated, permanent terraces will be needed to divert water from the right-of-way into more gently slopeing areas, thereby reducing erosion caused by water rushing down the right-of-way.

The U. S. Department of Agriculture, N. R. C. S. has provided some guidance addressing erosion along pipeline rights-of-way in a publication titled "Guideline for Re-establishment of Vegetative Cover on Disturbed Areas Along Pipilines" in which the U. S. D. A. recommends that diversion terraces be constructed across pipeline rights-of-way at intervals of about 50 to 150 feet depending on steepness of slope and safe outlets to prevent run-off water from following the pipeline. The U. S. D. A. guideline provides a rule of thumb formula for determining the hieght and spacing of terraces. Most such terraces are less than two feet high and do not create a visual problem or an obstacle to vehicular traffic. One helpful function terraces perform is to reduce erosion caused by water runing down trails made by livestock and by pipeline service vehicles used to operate and maintain the pipeline.

Correctly located and constructed permanent terraces reduce erosion by creating proper water diversion. Proper water diversion along the right-of-way is important to the health of the watershed. The LCRA should protect our watershed by providing water diversion terraces that are appropriate to the terrain and consistent with individual preferences of landowners along the right-of-way.

Henry

Just a cut and paste here.

Water Wars: Drought, Flood, Folly and the Politics of Thirst Diane Rainses Ward

Lurking in the background of the last great wars over oil is a likely
series of battles over a resource without which we literally cannot live:
water.

That is why corporations have already begin working toward the privatization
of water rights and the distribution of water throughout the globe. It is a
relatively quiet profit-making encroachment on our most basic free
commodity -- at least up until now.

Water Wars sets the stage for the developing political and real wars over
something we always believed to be a free, elemental resource. In short,
it's an extremely fascinating and well-written primer into how historically
we have gotten to this point. It focuses on specific issues and initiatives
relating to water -- and reveals their impact on the global problem.

Along the way, Diane Raines Ward, the author, provides us with historical
background on the role of water in the development of civilization. After
all, it's the ultimate resource we take for granted and is inextricably
intertwined with life itself.

Yet, after reading this book, you will never take water for granted again.

Consider some of these facts:

"Six thousand children die daily from water-related maladies."

"In Onitsha, Nigeria, poorer householders spend almost twenty percent of
their income on water."

"1.4 billion people, almost twenty percent of those living on the planet,
don't have access to an adequate supply of clean water."

Currently, "a third of all countries suffer water stress."

"In Bombay, local mafias chain water taps and charge residents by the
bucket."

Our fear is that it won't be long before water distribution becomes a
private, not a public, utility. Imagine Exxon/Mobil in charge of our water
supplies. Trust us, they are already thinking about it. Water is the new oil
to big business, because oil is running out.

In "Water Wars: Drought, Flood, Folly, and the Politics of Thirst," Diane
Raines Ward makes a compassionate, detailed and compelling argument that we
need to adopt an international strategic approach to water use, because
demand is outstripping supply.

It's a plea we should heed, ignoring it at our peril. She leaves it to
another author to explore the corporate plans to turn water into a
profitable commodity (although bottled water already does that on a
small-scale), but she persuasviely sets the stage.

We may be reaching the tipping point where water will no longer be free, and
the poor may literally die of thirst on a regular basis.

Diane Raines Ward warns us.

We should be listening.

With shipping included, BuzzFlash is able to offer "Water Wars" for less
than the original price due to a special purchase.***
http://www.buzzflash.com/store/reviews/276

Also info on water in the ME

HISTORY OF CONFLICT

The allocation of the Jordan's headwaters began to be taken seriously in the
1930s when increased Jewish immigration into Palestine created a need for
sustained water management for agricultural development and drinking. Five
separate plans for managing the Jordan's waters were proposed between 1939
and 1953 alone. Lebanon initially based its right to draw water from the
Hasbani on a 1920 treaty between Britain and France covering aspects of
their mandates over Syria (including Lebanon) and Palestine. Article 8 of
the treaty permitted Palestine to make use as it saw fit of the Jordan's
headwaters passing through its territory "after satisfaction of the needs of
the territories under the French mandate ." The Lebanese argued that Article
8 allows Lebanon unrestricted use of water from the Hasbani; Israel is
entitled to whatever is left.

The most comprehensive arrangement on sharing the waters of the Jordan was
the 1953 Main Plan, more commonly known after Eric Johnston, an American
ambassador who negotiated the agreement during four trips to the region
between 1953 and 1955. Johnston persuaded Lebanon, Syria and Jordan to
permit Israel to channel some of the Jordan's waters to the Negev Desert in
the south, technically an illegal out-of-basin transfer. Israel agreed to
drop its demand that the Litani river -- which flows wholly in Lebanon --
should be incorporated into a final water sharing agreement. In the final
arrangement, Lebanon was granted 35 million cubic meters (mcm) a year to
irrigate 8,700 acres in the district of Hasbaya. Syria gained 132 mcm and
Jordan 480 mcm. Israel won 400 mcm, or 40 percent of the total, which,
according to Johnston, represented a "radical concession by the Arabs."

Perhaps too radical, as the plan was never ratified by the governments of
the four countries. Instead, Israel embarked in 1959 on a unilateral scheme
to channel water from the Jordan to the Negev. In response, the Arab League
decided to implement a ten year-old plan to divert the Jordan's headwaters,
including the Hasbani, away from Israel. The Arab diversion project began in
1965. Israel bombed the works, setting in motion a chain of cross-border
skirmishes that culminated two years later in the 1967 Arab-Israeli war.

Israel destroyed Lebanon's original pumping station and eight-inch pipe
located beside the Wazzani springs during the 1967 war, denying Lebanon the
use of the spring water for 34 years. In 1978, Israel invaded Lebanon,
securing a strip of territory along the border which included the Wazzani
springs. In the early 1980s, Israel attempted to annex a corner of southeast
Lebanon east of the Israeli town of Metulla which would have included the
Wazzani. The scheme was dropped after objections from Saad Haddad, commander
of the Israeli-allied Army of Free Lebanon. However, the Israelis were able
to make use of the Wazzani by pumping drinking water from the springs via a
four-inch pipe to supply Ghajar, a village populated by Syrian Alawites
which was occupied by Israel in 1967 and is located on the east bank of the
Hasbani.

OF PUMPS AND PIPES

Following the Israeli withdrawal in May 2000, the Lebanese government began
assessing the water needs of the area. In March 2001, the state-run Council
of the South installed a pump and four-inch pipe beside the Wazzani springs
to supply drinking water to several impoverished villages in the immediate
vicinity. Israel's reaction was out of proportion to the scale of the
scheme.

Uri Saguy, head of the Israeli Mekorot water company and former head of
Israeli military intelligence, warned of a "war or forceful confrontation"
if understandings were not reached on water allocation. For two weeks, the
specter of a Middle East water war was invoked in the Lebanese and Israeli
media. The fuss only died down when United Nations peacekeepers in south
Lebanon pointed out that the pipe was only four inches in diameter, and that
the Israeli authorities had been informed of the project several weeks in
advance.

http://www.merip.org/mero/mero093002.html

I. CASE BACKGROUND

1. Abstract
In the Middle East, the supply of water is much less than its demand,
thereby resulting in conflict over it. This is true for Israel and Lebanon,
where there have been struggles, although not always armed, for the waters
of the Litani River. At this point, Israel occupies southern Lebanon. Part
of the Litani is located in this region. There are conflicting reports and
conclusions over whether or not Israel is using the Litani. There is also a
verbal struggle over which country needs the Litani more, could make best
use of it, and who, therefore, should develop their use of the Litani.
Although there is not an armed struggle over it now, it has been involved in
armed struggles in the past (in the 1967 war, and in 1982) and it is
conceivable that in the future the struggles over it may become armed.

2. Description
The themes of this section are the environment and the Litani River,
conflict over this, and the solution.

A. Environment
Some "8% of the world's freshwater supplies are used for . We need adequate
supplies of water to feed ourselves. Agriculture accounts for some 63
percent of the world's use of freshwater."(1) No where is the need for water
more evident than where water is scarce, as in the Middle East. In fact,
there has been an armed conflict over water, in particular, the Litani
River, between Lebanon and Israel.

The entire basin of the Litani River is located within the borders of
Lebanon. The river rises in the central part of the northern Biqa'a Valley,
a short distance west of Baalbek and flows between the Lebanon mountain to
the west and the anti-Lebanon mountains to the east, running south and
southwestardly at its own pace. The river enters a gorge at Qarun, flows
through it about 30 kilometers and, near Nabatiya and the Beaufort Castle,
abruptly turns right (to the west), to break through the mountain range to
the right, and continues to flow through the hilly terrain of the al-Amal
region. North of Tyre, it empties into the Mediterranean.

The Litani River flows not far from Israel. The nearest part of the Litani
to Israel is where the river turns by Nabatiya, four kilometers from
Israel's border. The river's proximity to Israel may make it even more
tempting for Israel to exploit. The Litani River is 170 kilometers long,
with a basin of 2,290 square kilometers. A narrow ridge about 5 kilometers
wide separates the Litani from the Hasbani River, a tributary of the Jordan
River.

http://www.american.edu/ted/ice/litani.htm

http://www.muslimnews.co.uk/news/news.php?article=11379

http://www.commondreams.org/views02/0926-08.htm

http://www.unu.edu/unupress/unupbooks/80859e/80859E0a.htm

http://english.people.com.cn/english/200007/22/eng20000722_46168.html

http://www.thirdworldtraveler.com/Middle_East/Lebanon_water_war.html

I am so sick of the commercial "Keep Austin Weird" crap. But I had not realized there is a richer, sadder, story behind it:

The folks at Absolutely Austin (a.k.a. Nobonz, Outhouse Design, Udamon, etc.), who make most of the T-shirts, hats, and some of the bumperstickers you see, got the trademark for "Keep Austin Weird" in October 2003. We realize most people don't care, and for good reasons. We invented the phrase, did the original bumperstickers, and put up this website before they were out of their diapers, so forgive us for being a touch defensive and probably egotistic.

The real problem with this turn of events is that it points out the boring irony of the entire "movement" (to use a grandiose term). It was a small attempt to counter Austin's descent into rampant commercialism and over-development. Absolutely Austin getting the trademark rather than letting this chicken run free is a sad proof that commercialism is winning. Most people probably think of Keep Austin Weird as a marketing slogan rather than our original attempt to highlight those aspects of our town that are really weird. Making money isn't high on that list. And they are enforcing the trademark, getting desist orders to folks who were making T-shirts.

79R10061 JRJ-D

By: Rose H.B. No. 3407

A BILL TO BE ENTITLED

AN ACT

relating to the prohibition of signs on Farm-to-Market Road 3238.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 391.252(a), Transportation Code, is
amended to read as follows:
(a) A [Subsequent to the effective date of this subchapter,
a] person may not erect an off-premise sign that is adjacent to and
visible from the following highways:
(1) on or after September 1, 2001:
(A) [(1)] U.S. Highway 290 between the western
city limits of the city of Austin and the eastern city limits of the
city of Fredericksburg;
(B) [(2)] State Highway 317 between the northern
city limits of the city of Belton to the southern city limits of the
city of Valley Mills;
(C) [(3)] State Highway 16 between the northern
city limits of the city of Kerrville and Interstate Highway 20;
(D) [(4)] U.S. Highway 77 between State Highway
186 and State Highway 44;
(E) [(5)] U.S. Highway 281 between State Highway
186 and Interstate Highway 37;
(F) [(6)] State Highway 17 between State Highway
118 and U.S. Highway 90;
(G) [(7)] State Highway 67 between U.S. Highway
90 and Farm-to-Market Road 170;
(H) [(8)] Farm-to-Market Road 170 between State
Highway 67 and State Highway 118;
(I) [(9)] State Highway 118 between
Farm-to-Market Road 170 and State Highway 17;
(J) [(10)] State Highway 105 between the western
city limits of the city of Sour Lake to the eastern city limits of
the city of Cleveland;
(K) [(11)] State Highway 73 between the eastern
city limits of the city of Winnie to the western city limits of the
city of Port Arthur;
(L) [(12)] State Highway 21 between the southern
city limits of the city of College Station and U.S. Highway 290; or
(M) [(13)] a highway located in:
(i) [(A)] the Sabine National Forest;
(ii) [(B)] the Davy Crockett National
Forest; or
(iii) [(C)] the Sam Houston National
Forest; and
(2) on or after September 1, 2005, Farm-to-Market Road
3238 beginning at State Highway 71 and any extension of that road
through Hays and Blanco Counties.
SECTION 2. This Act takes effect September 1, 2005.

I receved an email from an hpr neighbor who reported that there were off-premise signs for Belvedere and The Ranches on HPR...which is illegal according to the scenic corridor protection that was granted by the Leg in 2005 for hpr.
Anyone know who might enforce this little bit of hard fought protection hpr has been granted?

nell

Thanks to the neighbors who've volunteered to contribute to the HPR blog!

Here's a quick tutorial on adding an entry to the blog.

a) Give the entry a nice title
b) Choose a category... use an existing one if possible, but you can create new ones if need be.
c) After you've typed up your entry body, change the status to "Published" (if you are ready for it to be seen by the public).

d) Press "Save" and the entry goes public (if status is "Published").

I am not sure if I am posting this in the correct location but hopefully it will be found as folks click around our new blog courtesy of Hugh Winkler!

THANK YOU HUGH ! This looks like an amazing amount of time and effort~

I especially love your Main Menu page description of Hamilton Pool Rd....where we live ... : )

Saturday evening, as the 1st phase of the LCRA Hamilton Pool Road water pipeline was being completed, a group of easement neighbors got together to discuss concerns and problems that occurred during pipeline construction and also to discuss what lay ahead for the restoration of their land.

Having a pipeline run through your property by power of eminent domain can have the average property owner feeling frustrated and powerless. After all it is often the first time something like this has probably ever happened to you and it is hard to find someone to advise you without hiring an attorney.
However, you do have certain rights and some bargaining power. The following are some suggestions that my neighbors and I have learned through this experience.

1. Before the process actually begins find out who else in your neighborhood or community has been targeted as an easement property owner. It is to your advantage to keep the lines of communication open with these neighbors. Get together and share your ideas, information and resources. The more you know the more control you will have over the process.

2. Remember that even though the utility company/TXDoT/LCRA etc. have the power of condemnation they would prefer to work with you. Condemnation costs them money and time and often results in negative PR for the utility.
It is to your advantage to be armed with good information and be prepared to negotiate and make the best deal possible in the beginning.

3. You may prefer to have an attorney who specializes in condemnation law, review your easement contract and negotiate for you. Generally they work on a contingency fee.

4. The utility company's appraisal of your property, which will result in the purchase price you will receive for the easement right, is just that...
their appraisal. It is certainly reasonable to hire your own appraiser and get your own appraisal. You can even find your own comparable sales and offer them as substantiation in a counter offer if you feel their appraisal is too low.

5. Part of your easement contract is the sale price and another part will describe the restoration of your property The agreement for the restoration of your property is an important part of this process.

A few obvious, but often neglected, reminders that you might want to make part of your contract:

* During construction the utility must insure the safety of your family, pets and livestock. Depending on the pipeline location on your property and its proximity to you, it is not unreasonable to insist that the construction site be fenced off during construction and restoration

* If the installation is to be a waterline, for instance, make sure your contract reads that a waterline of a specific size and ONLY a waterline will be installed; no gas lines, no communication lines, no fiber optics etc. Carefully review your tree survey and identification and make sure that you are all in agreement about what trees may not be removed
* Take pictures of your property before, during and after construction and the restoration of your land. If a problem arises, photos may be very helpful.

Land Restoration
While we all want to negotiate the highest easement purchase price and that initially may seem paramount, equally important is to negotiate the best contract for the restoraton of your property.
Attached are 3 helpful doc.s that will give you guidelines and specifications about what you can reasonably expect and negotiate for land restoration. Remember this is every bit as important as the easement price you negotiate:

* City of Austin - Seeding and Soil restoration (virtually identical to LCRA guidelines).

* Guideline for Re-establishment of Vegetative Cover on Disturbed Areas Along Pipelines

Lastly, one of the most important and valuable things you can do during the construction process and the restoration of your land is ....
KEEP YOUR EYES OPEN and WATCH WHAT GOES ON!!
Know the job foreman, have their contact info. handy and with your contract in hand you may be able to derail potential problems and make, what can be a difficult process, more productive.