The Matagorda Beach Access Issue

The Matagorda Beach Access Issue

What's wrong with this picture ?
*(See answer at very bottom of this page) *

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"When the people fear the government you have tyranny ...
when the government fears the people you have liberty."
Thomas Jefferson

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On August 25, 2003 The Texas Chapter of the Recreational Fishing Alliance (RFA), filed a lawsuit in 130th Judicial District Court, in Matagorda County Texas.

This lawsuit, a Petition For Declaratory Judgment, seeks judicial review of action taken by the Matagorda County Commissioner’s Court and will show that the resolution by the Commissioner’s Court to amend the Matagorda County Dune Protection and Beach Access Plan, and it’s approval of a lease (which passed that measure over the strenuous objections of Precinct 2 Commissioner George Deshotels, who voted against it) of substantial beach property to the Lower Colorado River Authority, violates the Texas Open Beaches Act in several respects.

The suit illustrates violations of the Act with regard to limitation of public beach access, destruction of adjacent wetlands, inadequate dedicated parking, and an unreasonable restriction to access by persons with disabilities. The suit will also show that the entire access plan submitted to GLO was based on outdated information.

To those who would claim that beach access is not a fishing rights issue:

How about we close your favorite bay to boats, install a couple of piers & tell you no one is interfering with your right to fish ?

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Click Below To View:

"Lawsuit Claims Matagorda Violated Open Beaches Act" as published in the August 26, 2003 edition of the Victoria Advocate.

"County Sued Over Beach Plan" as published in the August 28, 2003 edition of the Bay City Tribune.

"Jetty Pier Deemed Unsafe; No Money For Repairs" as published in the September 4, 2003 edition of the Matagorda County Advocate.

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**** Matagorda Defense Fund ****

The Matagorda Defense Fund has been structured to fund the fight for the rights of recreational anglers and other users of the Matagorda Beach. We urge all who are interested in this issue to contribute to the cause. Any remaining funds will be used for other angler's rights issues as identified by the Matagorda Bays RAC.

Please make checks payable to "RFA TEXAS" and enter "Matagorda Defense Fund" in the "memo" area.

Please mail checks to:

Patti McKelvy
P.O. Box 1770
Bay City TX 77404-1770

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"Usually, terrible things that are done with the excuse that progress requires them are not really progress at all, but just terrible things."
-Russell Baker

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The Matagorda Beach Access Issue In a Nutshell

By Patti McKelvy

NOTE: Photos for this article are courtesy of Fly2theBay.com and matagordabay.com

The Lower Colorado River Authority (LCRA) purchased 1600+ acres at the mouth of the Colorado River & adjacent to Matagorda Beach to build a Nature Center & Preserve. In early 2001 LCRA made no mention of closing any portion of Matagorda Beach to vehicles. In 2002, LCRA wanted 1 mile of Matagorda Beach to be closed to vehicles. The LCRA facilities (Nature Center, Learning Center, Viewing Tower, etc), RV Park, Restaurant, & privately owned Lodge, were to be located adjacent to the Colorado River.

On 8/10/03, Matagorda County Commissioner’s Court gave LCRA Jetty Park for $0 for 25 years !
The Interlocal Agreement (IA) gives LCRA the ability to limit access to Jetty Park Beach (see 2C & 2F of IA) & LCRA reserves its “superior right to control the direction & management of the Park Facilities” (see 4 of IA).

Many excuses have been used as to why LCRA wants ½ mile (reduced since, due to overwhelming opposition) of Matagorda Beach to be closed to vehicles. The truth came out when the Executive Director of the Matagorda County Economic Development Corp said that the private developer of the lodge requires the beach to be closed!

A new road cut through the Wetlands is to be built as a new access point to the beach, cutting through the fragile dune system, to access the rest of the beach, which is overwhelmed by soft sand in the summer. As of 07/15/03, Three Mile Cut was opened to the Gulf of Mexico by Hurricane Claudette, thus making the rest of the beach inaccessible. No contingency plan is in place to assure access to all of Matagorda Beach. When access is available, 4-wheel drive vehicles are required !

LCRA is creating a park under the guise of creating a “natural beach” habitat for people to visit. A beach with houses & resort property along it is far from being a natural beach. Click here to view the LCRA plan that we have. Map A MAP B MAP C

We are concerned that this could be the start of what has transpired at Galveston. First, close off a little of the beach to vehicles, thus the general public, in front of existing housing. Then, as more houses are built, more beach is closed off, and the general public is soon excluded from using the beaches via vehicles as they have since vehicles existed. We do NOT want Matagorda to become another Galveston west end !

Who are the LCRA, and why are they in the business of building revenue generating parks anyway? The information on their website (LCRA.org) says that they provide electricity, water, and other services to all or part of 58 counties in Central and Southwest Texas, and that they "allocate water for current uses and help plan for future needs". Their information states that they are concerned with water supplies for residential, industrial, and agricultural usage, but make no mention of the fact that fresh water inflow is needed to maintain a healthy marine estuary system along our coast. Will they turn the Colorado into another Rio Grande, of which the lower end barely flows during summer months anymore due to so much water being removed upstream? Doing so would have a drastic effect on the bay systems in the Matagorda area.

According to the Open Beach Act, any current access that is restricted must be replaced by equal or better access. What better access can there be than total open (including vehicular) access? Anything less constitutes not only a violation of the letter and the spirit of the Texas Open Beaches Act, but it is also a violation of the Americans With Disabilities Act (ADA), a federal law, and the Equal Protection Clause (Section 1) of the Fourteenth Amendment to the U. S. Constitution.

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"Never believe that a few caring people can't change the world. For, indeed, that's all who ever have."
Margaret Mead

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*Answer to above - What's wrong with this picture? *
NOTHING !

Absolutely NOTHING is wrong with this picture. It depicts vehicles AND pedestrians safely sharing our public beach. Does this not make you wonder about the TRUE hidden agenda of those who want to close this beach to vehicular access ?

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RFA is an IRS 501 (c) (4) not -for -profit organization. Contributions, gifts or membership dues paid to the RFA or its chapters are not deductible as charitable contributions for federal income tax purposes.