Citing its need to access water in surrounding counties, the
city of Midland last week submitted comments against the listing of
the dunes sagebrush lizard as a federal endangered species.

In a letter signed by Mayor Wes Perry, City Attorney Keith
Stretcher and Councilmen Jeff Sparks and Scott Dufford, the city
wrote that not only would the listing of the lizard create issues
for the city’s future water needs, it also would violate the
Endangered Species Act because it would fail to take into account
the state’s efforts to protect the lizard.

“West Texas is in a severe drought, and the development of
appropriate water resources is imperative. … Without additional
rainfall or the development of the T Bar Ranch, Midland will be
without water,” the letter states. “The water issue is not a
balancing of economic or land use interests but is an issue
regarding the ability to live in our area of the country.”

The letter was sent Wednesday to the U.S. Fish and Wildlife
Service’s chief of policy and directive management division. The
service has been considering adding the lizard to the endangered
species list and in December agreed to delay the decision until
mid-June because of new information.

As part of its delayed decision, the U.S. Fish and Wildlife
Service will accept additional public comments and new scientific
data submissions through Jan. 18.

During a visit to Midland in the fall, representatives with the
U.S. Fish and Wildlife Service said the agency simply is trying to
protect the lizard. It lists habitat removal, fragmentation and
land degradation because of oil and gas development as some of the
primary threats to the lizard. Because the species exists in such
small numbers, representatives said its habitat in West Texas and
eastern New Mexico needs to be protected.

Representatives said the service is not targeting any specific
industry in its endangered species considerations; the service is
examining 111 species throughout Texas for possible inclusion on
the list.

The city’s letter says if the lizard were added to the list, it
could impact negatively Midland’s ability to provide water to its
residents for the next 30 to 40 years. The T Bar Ranch property in
Winkler County — which the city is in the process of developing —
is the only additional groundwater source the city currently owns
to support its future needs, the letter says.

“If the (lizard) is listed as an endangered species, this would
greatly increase the cost of developing the T Bar Ranch water field
and potentially eliminate access to the field,” the letter states.
“The development of this water field will be dramatically curtailed
and possibly eliminated if the (lizard) is listed.”

Aside from T Bar Ranch, the listing of the lizard could pose
problems or create higher costs for bringing water to Midland from
the Colorado River Municipal Water District or the Paul Davis Well
Fields.

That was the case for the CRMWD when it constructed O.H. Ivie
Reservoir while accommodating for the Concho water snake. Executive
Director John Grant said previously the district spent an estimated
additional $3 million to account for the snake and its habitats
while developing the reservoir.

In relation to the lizard, the city also argued the
consideration of the reptile is flawed because it ignores local
information.

During the lizard’s consideration, the state submitted a draft
Texas Conservation Plan that would work to “implement conservation
measures for this species by removing threats to its survival and
protecting its habitat,” according to the letter.

The Fish and Wildlife Service did not take into account the
state’s conservation plan during its most recent comment period,
the letter states, which violates the rules laid out in the
Endangered Species Act.

During the peer review process, the city’s letter states, one
review of the proposal to add the lizard was in favor of its
addition as an endangered species because Texas was not taking
action to protect the lizard. If the state’s conservation plan had
been noted, such a conclusion would not have been made.

“The FWS has also failed to address the most current data
regarding both the success of conservation agreements in New Mexico
and the (lizard) population in Texas,” the city’s letter reads.
“There has not been any credible information brought forward to
sustain any theory that the (lizard’s) population is
declining.”

Mayor Wes Perry said the city also is interested in the threats
posed to the area’s oil and gas industry by the lizard’s listing.
He added that, for the city, water and the ability to build
pipelines is the imperative issue.

“We’re going to fight for our water,” he said.

Kathleen Thurber can be reached at kthurber@mrt.com.

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