Commission Agenda Item No. 9
Presenter: Jason Estrella

Action
Grant of Interagency Easement – Jefferson County
Approximately 21 Acres at the J.D. Murphree Wildlife Management Area
May 27, 2021

I.      Executive Summary: The United States Fish and Wildlife Service (USFWS) requests an easement to install, replace, or repair water control and management facilities on the J.D. Murphree Wildlife Management Area (WMA).

II.     Discussion: The 24,498-acre J.D. Murphree WMA preserves a mosaic of tidal, intermediate, and freshwater wetlands including bayous, ponds, lakes, emergent marshes, salt meadows, and coastal prairie. The WMA is managed for its diversity of native wetland habitats and associated species such as alligators and waterfowl.

The purpose of the USFWS project is to repair and refurbish levees and a water control structure which serve as shared facilities between the McFaddin National Wildlife Refuge (Refuge) and the J.D. Murphree WMA.   Repairs will be made to the O-Ditch Levee, and the aging Wild Cow Bayou Water Control Structure (WCS) will be replaced with a similar structure. The levee was originally constructed between 1953 and 1966 and has been maintained by USFWS. It is a functioning structure in need of repair due to damage from Hurricane Harvey. The WCS was installed within the footprint of the O-Ditch Levee in 1991 and needs replacement due to deterioration of its components over time.

Approximately 1.42 miles of the O-Ditch Levee and WCS occur on the J.D. Murphree WMA.  Texas Parks and Wildlife Department staff believes it is in the best interest of the WMA for the Texas Parks and Wildlife Commission to grant approval for the project, as described within the USFWS scope of work, as the marsh areas on both the Refuge and the WMA are protected by the levee and WCS, and those areas provide habitat for many species of migratory birds as well as native flora.

III.   Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts the Resolution attached as 
Exhibit A.”

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Commission Agenda Item No. 9
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Grant of an Interagency Easement Covering Approximately 21 Acres of Real Property in Jefferson County

Resolution

            Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates J.D. Murphree Wildlife Management Area (WMA) in Jefferson County for conservation, research, and recreation purposes, including restoration and management of coastal marsh serving as habitat for resident and migratory birds, waterfowl hunting, and fishing; and,

            Whereas, the United States Fish and Wildlife Service (USFWS) and TPWD own and maintain the O-Ditch Levee and the Wild Cow Bayou Water Control Structure (WCS) which traverses the Salt Bayou Unit of the WMA; and,

            Whereas, the system for the O-Ditch Levee and the WCS is an artifact of the previous landowner, prior to the division of the land; and,

            Whereas, USFWS requests an easement to install, replace, or repair and operate the water control and management facilities on the WMA; and,

            Whereas, TPWD staff finds this project will serve the best interest of the WMA and will have a positive impact on the habitat; and,

            Whereas, the Texas Parks and Wildlife Commission (Commission) finds that as required by Texas Parks and Wildlife Code (PWC) chapter 26, notices of today’s hearing of this matter were published at least once a week for three consecutive weeks in newspapers of general circulation which are published at least six days a week in the communities nearest to the WMA in which such newspapers are published (the Beaumont Enterprise in Jefferson County), with the last day of publication being not less than one week or more than two weeks before the date of today’s hearing; and,

            Whereas, the Commission finds, in accordance with PWC chapter 26, that (1) there is no feasible and prudent alternative to the use or taking of such land (Easement);  (2) the program or project that requires the use of an Easement includes all reasonable planning to minimize harm to the land; and,

            Whereas, the Commission finds that the grant of an Easement subject to conditions that will minimize harm of the Easement to the WMA is in accordance with PWC section 11.301; and,

            Now, therefore, the Commission authorizes the Executive Director to take all necessary steps to negotiate terms and conditions under which an Easement may be granted, and to grant an Easement to the USFWS for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 27th day of May, 2021.

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Commission Agenda Item No. 9
Exhibit B

Location Map for J.D. Murphree Wildlife Management Area in Jefferson County

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Commission Agenda Item No. 9
Exhibit C

Vicinity Map for J.D. Murphree Wildlife Management Area (WMA),
Ten Miles Southwest of Port Arthur

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Commission Agenda Item No. 9
Exhibit D

Site Map for Proposed Water Control and Management Facilities Easement at
J.D. Murphree Wildlife Management Area
Project Area in Yellow
J.D. Murphree Wildlife Management Area Boundary in Red

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Commission Agenda Item No. 9
Exhibit E

Project Area Map for Proposed Water Control and Management Facilities Easement at
J.D. Murphree Wildlife Management Area
Project Area in Yellow
J.D. Murphree Wildlife Management Area Boundary in Red