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<br />special meeting, apri I 20, 1966
<br />
<br />page two
<br />
<br />AN ORDINANCE MAKING IT UNLAWFUL TO WLLFULLY
<br />SWIM, DIVE, SKIN-DIVE, SCUBA DIVE, BATHE, WADE,
<br />GO INTO, OR BE (OTHER THAN IN A BOAT) IN, ON,
<br />UPON OR UNDER THE WATERS OF SPRINGLAKE, BEING
<br />THAT PART OF THE SAN MARCOS RIVER AND LAKE UP-
<br />STREAM FROM AND FORMED BY THE DAM WHICH WAS
<br />CONVEYED BY LOWER COLORADO RIVER AUTHORITY TO
<br />PAUL J. ROGERS BY DEED MAY 1ST, 1956, RECORDED
<br />VOLUME 168, PAGES 383-384, HAYS COUNTY DEED I
<br />RECORDS; WITH CERTAIN EXCEPTIONS; FIXING A PEN-
<br />ALTY FOR VIOLATION OF THE PROVISIONS OF THIS
<br />ORDINANCE, PROVIDING FOR A SEPARABILITY CLAUSE;
<br />REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
<br />AND DECLARING AN EMERGENCY
<br />
<br />Alderman Froh moved adoption of the Ordinance.
<br />Alderman Whittenberg seconded the motion. The Mayor
<br />said the Council would be glad to hear from the large
<br />number of visitors, but comments would be I imited to
<br />five minutes for each speaker. Twelve persons spoke
<br />to the question, some several times.
<br />Mrs. Lucious Parish, the second to speak, stated she
<br />and her husband had made their living from the River
<br />for 35 years. She asked if, were the proposed ord-
<br />inance passed, they would be al lowed to continue
<br />(gathering aquatic plants for sale). The Mayor said
<br />the ordinance would not exclude anyone in a boat.
<br />Others raising questions and expressing opinions on
<br />various aspects of the ordinance were: Mrs. Carolyn
<br />Chandler, Brad Coleman, Benjamin Archer, Bi II Malone,
<br />Mrs. Benjamin Archer, Edward Johnson, Charles Chandler, I
<br />Don Brod, George Willis, III, Mrs. Jerri Veidt, and
<br />Miss Kay Anderson, President of Spring Lake Divers Club.
<br />Counci Imen Damon, Froh and Pool spoke to the question.
<br />Alderman Damon questioned Mr. Brod about scuba diving
<br />at Rio Vista, where he conducts his Aquatic Sports busi-
<br />ness. Mr. Brod replied that the water was not deep
<br />enough, and visibility was only one-third as clear as
<br />at Spring Lake. He explained that the water collects
<br />dirt and mud as it flows through City Park. The visi-
<br />bi lity at Rio Vista is not sufficient for taking under-
<br />water pictures and movies. Mr. Damon raised the quest-
<br />ion of access to Spring Lake, since the property on both
<br />sides is privately owned. Mr. Brod had stated previous-
<br />ly that John Stokes had offered him access through his
<br />property. To Mr. Damon's question about scuba diving in
<br />New Braunfels, Mr. Brod replied that the water in the
<br />Guadalupe River is too swift, and ntit deep enough.
<br />Dr. Pool said his opinions on public waters had been form-
<br />ed long before he ever came to San Marcos, and had been
<br />influenced by the late Dr. -Walter p, Webb whi Ie he was a
<br />studen~ at the University of Texas. He said he was con-
<br />cerned about Texas Water L",ws",nd had spent the previous I
<br />day ",nd night reviewing the text of Betty Eakle Dobkins'
<br />book, "Th-eSpan ish Element in T exasWater Law". Dr. Pool
<br />read a portion of the preface, concluding with a quote
<br />and a comment: "... ' al I the waters belong to the King
<br />and are common to al I'.... After San Jacinto, you can sub-
<br />st i tute 'State' for 'K i ng' . I h~pe that we make a carefu I
<br />and wise decision."
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