To commemorate this watershed moment, on the 25th anniversary of the ordinance's passing, a retroactive screening of the "Common Ground: A Battle for Barton Springs" documentary will be screened at Barton Springs pool.
Pat Brodnax, managing director of the Save Our Springs Alliance, said the SOS Ordinance galvanized a strategy of asking voters for bond money to purchase land over the Edwards Aquifer that still continues today.
"The ordinance shaped the culture and environmental landscape of Austin because it laid a foundation for a series of other local victories," she said.
History of the ordinance
The event, which sparked the fight for stricter development regulations, occurred June 7, 1990, when Barton Creek Properties, owned by mining giant Freeport-McMoRan Inc., proposed to develop 4,000 acres of land along Barton Creek, Brodnax explained. Following an all-night hearing in front of Austin City Council during which over 800 Austinites showed up to voice their opposition to the proposal, the application was ultimately denied; however, it was this moment that led local environmental officials to conclude that existing regulations were not sufficient in protecting the water quality of Barton Springs.
"Our fun at the time was watching city council meetings and being involved in this movement," Brodnax said. "The whole city, thousands and thousands of people, were involved; everybody knew what the SOS was."
What ensued was two years of citizen-led petitioning to garner the 27,000 signatures needed to form the SOS Ordinance. Brodnax said there were two primary camps involved in the debate: proponents of the initiative who said the water quality of Barton Springs was at stake because of the existing legislation's broad allowance for impervious cover, as well as a lack of regulation of urban pollutants; and opponents of the movement who claimed the proposed ordinance was unconstitutional and stripped business owners of economic opportunities.
The SOS Ordinance proposed limiting the amount of impervious cover, or human-made surfaces impenetrable by rainfall, to 15-25 percent over the sensitive lands of the Barton Springs recharge zone and contributing areas. Existing regulations allowed developers to build anywhere from 20-70 percent impervious cover. In addition to stricter impervious cover regulations, the ordinance also sought to enact regulations on the levels of pollutants in rainfall runoff on development sites.
"Developers and some business owners were against it," Brodnax said. "On the other hand we had hundreds of businesses that were for it because they knew Barton Springs made Austin unique. Developing over the recharge zone was not good for the economy or the environment."
The primary opponent of the SOS Ordinance was the Citizens for Responsible Planning. Groups that supported Ordinance No. 2, which would have kept existing regulations in place while a regional plan to protect the springs was sought, included the Greater Austin Chamber of Commerce and the Real Estate Council of Austin.
In the end, the SOS Ordinance passed by a nearly 2-1 ratio, with 64 percent in favor and 36 percent opposed. More than 73,308 voters turned out that day, a figure considered quite high for an election devoid of City Council candidates, according to a Austin-American Statesman article published Aug. 9, 1992.
"From council members and businesses, Realtors to homeowners, average citizens stood up and fought for this," Brodnax said. "It was a time when people banded together and thought they could make a difference."
Since its passing, the SOS Ordinance has been fought "tooth and nail every which way," Brodnax said. After facing countless lawsuits, in 1998 the Texas Supreme Court upheld the ordinance, stating "such limitations are a nationally recognized method of preserving water quality [and] the City has the right to significantly limit development in watershed areas in furtherance of this interest."
Common Ground: The Battle for Barton Springs
Chronicling the events that followed the all-night hearing was Karen Kocher, graduate student in the University of Texas' film production program. Kocher's documentary, which was shot on a S-VHS camera and an $185 budget, follows the everyday citizens that fought to make the SOS Ordinance law.
"I started filming right away," she said. "When various environmental and neighborhood groups got together and formed the SOS Coalition, I knew something big was happening."
Having recently moved from Washington, D.C., Kocher said she was "fascinated" by the level of citizen involvement.
"The story tells how the SOS came to be as a result of people's disgruntlement with the political process," she said. "I just happened to be at the right place at the right time to capture the story."
The 30-minute film will be screened at the Barton Springs Pool on the 25th anniversary of the ordinance's passing next Tuesday.
"If anything, I want people to realize that it is only because of the individual citizens who worked so hard that we can still swim at Barton Springs," Kocher said.
Kocher's latest project, called "Living Springs," is an interactive documentary about the history, science and culture of Barton Springs. By producing a 25-episode web series, Kocher hopes to make the story of Barton Springs available to anyone with an internet connection.
"My whole thing is let's just get people to the place where they can get educated if they so choose and to realize that everybody has a responsibility [to protect Barton Springs]," she said. "You can't just enjoy the springs."
Today's fight
With Austin's rapid growth and development, Brodnax said impervious cover regulations of 15-25 percent over sensitive lands are no longer sufficient to protect clean water. Today, the SOS Alliance is fighting for permanent protection of the land through conservation easements, which it pursues through public-private funding and landowner stewardship. The group also works with the city to promote the use of bond money to purchase land over the Edwards Aquifer and particular the Barton Creek recharge zone, Brodnax said.
"The SOS Ordinance gave a fighting chance to Barton Springs and the [Edwards] Aquifer over the past 25 years, but the weakening of SOS and the rapid growth in this area raises concerns," she said. "It may take another uprising to save [Barton Springs]."
Other threats to water quality, Brodnax said, have emerged since the ordinance's passing. The alliance is currently in the midst of a legal battle over the expansion of MoPac South and the construction of SH 45 SW, the proposed limited-access, four-lane, 3.6-mile toll road connecting MoPac to FM 1626 in Hays County.
"With all of the newcomers to Austin, it's really important to reach all people and educate on the threats to Barton Springs and the [Edwards] Aquifer," she said.
Informing the general public about the importance of protecting clean water is accomplished through programs such as Barton Springs University, an annual all-day event of outdoor learning and activities for students and average citizens. This year's event will take place Sept. 26 at Barton Springs Pool.
Photos courtesy Alan Pogue
