River Place pathway at the center of a government controversy

Once hailed by GreenNinja Active City Guides as one of the most scenic and best-maintained trails in Austin, a large segment of the River Place nature trail remains closed amid an ensuing controversy involving numerous government entities.

The original 1-mile trail was built in 2003 by the River Place Municipal Utility District for both residents and nonresidents, said Sandy Perry, president of Friends of River Place Trail, a grassroots effort to reopen the trail. An extension was built in 2009 that expanded the trail to more than 3 miles, she said.

In March 2012, the River Place MUD closed the trail extension after the City discovered that a 1,600-foot segment of the extension was constructed on the Cortaa Nature Preserve, federal preserve land managed by the city, Perry said. The River Place MUD agreed to return the encroaching portion of the trail back to its natural state, she said.

The trail extension remains closed by two federal agencies, the United States Fish and Wildlife Service and the United States Army Corps of Engineers, which have both said the use of the extended trail is harming the endangered Golden Cheeked Warbler, Perry said.

In the spring of 2012 and 2013, the River Place MUD directed wildlife consulting firms to conduct studies to determine the welfare of the Golden Cheeked Warbler, Perry said.

"The [studies] show that there's no harm to the warbler, and the warblers are doing just fine," Perry said.

She said the River Place MUD hired local environmental law attorney Alan Glen of Sedgwick LLP in May to review the case. On Sept. 17, Glen sent a notice to both USFWS and the Corps that the River Place MUD intends to file a lawsuit against both agencies.

"The agencies are taking the position that the construction of the trail violated agreements between the developers and [federal] agencies that were approved when River Place was created," Glen said.

He said the USFWS and the Corps lack jurisdiction over River Place MUD since the MUD was not a party to the original agreement and the approvals expired more than 15 years ago. Also, the original approvals do not prohibit building a nature trail on the property, he said.

The agencies argue that preserves, by their nature, do not include nature trails, Glen said.

"The [federal government maintains] virtually an identical trail in the Balcones National Wildlife Refuge, a high-quality warbler habitat that is open year-round without restrictions," he said. "And, they've approved many other nature trails in the Golden Cheeked Warbler habitat."

He said the spring 2013 study of the nature trail demonstrated that the trail has not harmed the Golden Cheeked Warbler and that his client's goal is to try to reopen the trail this year.

"We won't simply reopen the trail but will continue to monitor it and invite the [USFWS] to work with us on those endeavors," Glen said. "I hope, over time, any ill feelings can heal and the groups can be partners."

The USFWS attorneys are reviewing the notice sent by Glen and are waiting to see if a lawsuit is filed, said Lesli Gray, USFWS public affairs specialist for State of Texas.

"The Golden Cheeked Warbler is still listed as an endangered species,"

Gray said.