Desalination Plant |
 |
March 8, 2009
Department of the Army
Col. Edward P. Manning
Headquarters, United States Army Garrison, Fort Bliss
1 Pershing Road
Fort Bliss, Tx 79916-3803
Dear Col. Manning,
El Paso Water Utilities has spent $100 Million to build a desalination plant and learning center on Fort Bliss property.1 EPWU customers would like to know what they will receive in return.
This is not an unusual request. Any prudent purchaser knows exactly what they are getting in return before they hand over the money. However, in this case, EPWU handed over the money and customers have waited nearly four years to find out what they will get in return. EPWU and Fort Bliss refuse to disclose the terms of their contract and easement for the desalination plant. EPWU customers need to know how you will divide the water and how you will share the cost.
The memorandum of agreement2 indicates that EPWU customers may not receive any of the water and they may be forced to subsidize losses on the sale of water to Fort Bliss for the next thirty years.7 There is evidence to suggest that the plant was a gift to the BRAC Commission.3 The right of entry4 was signed on the same day that the BRAC Commission announced their decision to expand Fort Bliss.5
"Because of the urgency expressed by the City of El Paso to proceed with construction"4
the right of entry simply gives EPWU the right to enter the base to construct the plant. It "is revocable at will by the Department of the Army"4 and EPWU agreed to "accept and be bound by an easement to be drafted by the Department of the Army and to such terms and conditions which the Department of the Army may deem to be reasonable and proper to protect its interest."4 The agreement does not mention water rights.
Although the agreement provides that "in no instance shall the term of the agreement exceed two years from the date of its execution,"4 it has been extended three times. Construction is finished, the dedication ceremony took place two years ago, the plant is in operation, people are visiting the learning center every day but the right of entry remains in effect as though the plant is still under construction.
EPWU has already agreed to accept such terms and conditions that the "DOA may deem to be reasonable and proper to protect its interest" but Fort Bliss will not release the proposed contract and easement because they are "contract sensitive."
I can think of only one other instance where customers pay their money and find out later what they will receive in return, a slot machine. However slot machine customers don't have to wait over four years to know the results.
El Paso is the second poorest large city in America. We have over 200,000 citizens living in poverty. They can not afford to play a $100 Million slot machine but EPWU will cut off their water if they refuse to play.
Evidence suggests that the decision to give away the desalination plant was heavily influenced by a few local businessmen (REDCO and the Chamber of Commerce) who wanted to expand Fort Bliss in order to expand their profits.3 Local citizens had no voice in the decision. Your predecessor, Col. Burns, is now employed by REDCO. The President/CEO of EPWU (also on the board of REDCO) was rewarded with $508,000 a year for delaying capital improvement projects that would have benefited EPWU customers so that customer money could be spent on Fort Bliss.6
Is this the freedom that your troops are fighting for? Are they fighting for the right of businessmen to force local citizens to subsidize growth? I believe that your troops are fighting for government by the people. Very few, if any, of your troops would side with a handful of businessmen over the 750,000 citizens that had no voice in the process but are forced to pay for the plant.
EPWU must be held accountable for their actions. They can not be held accountable until we know precisely what they have done. We will not know precisely what they have done until we see the terms of the contract and easement. Please release this information.
Sincerely,
Jimmy W. Janacek
cc: June Bates, Freedom of Information Act Office
Notes:
1)PSB 2008 CAFR Note 5 to Financial Statements, p41
2)Memorandum of agreement March 7, 2005,A4.1
3)https://www.citizensmakethecall.com/fraud.htm
4)Immediate Right-of-Entry No. DACA63-9-05-0535 DATED May 11, 2005
5)El Paso Times, May 14, 2005, Section A
6)Performance plan for Edmund Archuleta June 1, 2007
7)https://www.citizensmakethecall.com/gift_that_keeps_on_giving.htm
