Two environmental groups are threatening to sue the city of Buda and neighborhood developers.
Buda Community Action Network (BudaCAN) and the Save our Springs Alliance (S.O.S.) have drafted a "Notice of Intent to Sue" the city and the developers of Garlic Creek West, a new neighborhood on FM 967.
The groups' suit claims recent damming of Garlic Creek is a violation of the Clean Water Act.
To get to the area, it's a hike to the back of the land Joy Braswell and her parents have leased for eight years. Braswell now makes the trip often to check up on the developers of the Garlic Creek West.
"I'm taking pictures of everything. I'm taking pictures of the workers on our property, I'm trying to get pictures of the toilet paper the workers have left behind on our property, because they're using our land as a toilet," she said.
Braswell is angrier about the creek. She said Garlic Creek flowed until the developers built a dam.
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Water quality lawsuit
BudaCAN and S.O.S. plan to sue the city of Buda over a new subdivision they say threatens water quality.
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"The two issues that we're concerned with today has to do with the road, the dam, and according to the U.S. Geology Survey, Garlic Creek is a dedicated creek, therefore, it has certain protections. In other words you cannot build a road over or you can't dam it up," John Conway of BudaCAN said.
City administrator Bob Mathis said the developers are doing nothing to stop the flow of water. He claims it's a filter, not a dam.
"This is not an active creek, but when the water is flowing through here because of rainfall, we want to catch all of the runoff and filtrate that before it actually gets to the adjacent property owner and on down Onion Creek," he said.
Mathis does admit there was a dam here used briefly to install water and wastewater lines below the creek, but he said developers are doing all they can to protect Onion Creek.
Mathis also said the Texas Commission on Environmental Quality has been to the site and did not notify the city of any violations.
The Buda City Council approved Garlic Creek West last year. Part of the development is located in the Barton Springs-Edwards Aquifer Recharge Zone.
BudaCAN and S.O.S. have previously joined forces in filing a lawsuit against the developers and the city of Buda in state court challenging the development agreement for the development of Garlic Creek West.
The lawsuit also claims the developers don't have the required permit to dam the creek and that the dam extends to neighboring private property, without their consent.
The groups are giving the developer and the city 60 days to correct the problems before they file a federal lawsuit.
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