By Andy Sevilla

The Barton Springs/Edwards Aquifer Conservation District delayed action on an agreement with TxDOT intended to provide heightened environmental protection for the construction of SH45 SW.

The state transportation agency formulated an agreement instead of modifying a 25-year-old consent decree. The decree settled litigation between Save Barton Creek Association and the Federal Highway Administration in 1990 and spells out the construction and maintenance of SH45 SW.

 “One of TxDOT’s objectives in this agreement was to take the things that they were committing to — that they believe were superior to the consent decree — and capture that in this document,” John Dupnik, BSEACD general manager, said at the board’s Jan. 15 meeting. 

TxDOT is proposing construction provisions for SH45 SW that are equal to or more protective than the consent decree, according to the agreement.

Dupnik said the agreement is not an endorsement of the Environmental Impact Statement or of the project, it just records what TxDOT intended, and in the board’s view sets the baseline that could be improved upon for the roadway’s construction. 

The conservation group was scheduled to vote on the agreement at its Jan. 15 meeting, but Travis County, the city of Austin and district residents requested the board delay action for at least three weeks to further review the agreement.

BSCEAD will take the matter up at its Feb. 12 meeting. Area residents may comment on the agreement by Jan. 30.