Opening Comments by Jim Attrell, President Marluc LLC dba Lake Godstone™

In August of 2024 the Texas Commission on Environmental Quality (TCEQ) began an investigation of the surface water rights of our property and determined that we illegally constructed a flood control system with a small lake and three tiny fishing ponds (total size of all is less than 100 foot acres), illegally irrigated certain areas of our 188 acre family nature retreat (mostly supporting wildlife in accordance with our Wildlife Tax Exemption) and illegally used State-owned surface water for drinking purposes.

Prior to constructing Lake Godstone™  in 2016 we met with the Jacksboro Texas Natural Resources Office and were told that we owned the surface water (rainfall) and as long as we did not change the exit course of the water we owned the water and so we proceeded with the construction of Lake Godstone™ with expert supervision by our surveyor, lake contractor, biologist and general contractor. The November 2024 rainstorm is an example of how Lake Godstone and its detainage and retainage ponds have created a flood control system protecting downstream land owners from serious flooding which was common prior to its construction. See video click here.

Our lake and ponds capacity is l less than 100 foot acres of surface water which exempt us under Section 11.142 of the Texas Water Code.

Following is a detailed partial description of our wildlife management program and what we use to educate our visitors and guests. We have 537 entries of wildlife and vegetation species that we have found on the property now recorded  in our iNaturalist account. Thanks to erosion control, our lake and ponds, tree additions, perimeter feral hog fencing and campus wide planting of native vegetation over the last eight years, our 188 acre nature retreat has attracted a wide variety of wildlife. Many native creatures now call Lake Godstone™ home. See our bobcat twins.

Following is an excerpt from our Wildlife Management Plan and it is followed by details of the impact the TCEQ has had thus far on our operations and then my final comments and questions for TCEQ.

Lake Godstone™ Wildlife Management and Water

Exploring Wildlife Water Sources and Their Importance in Nature

Introduction

Water is an essential resource for all living beings, especially for wildlife that depend on it for survival. Wildlife water sources are critical components of nature that support various ecosystems across the globe. These water sources impact not only the wildlife that directly uses them but also the vegetation surrounding them, which plays a pivotal role in sustaining local biodiversity.

In this blog, we will explore the importance of wildlife water sources, types of available water, the significant role of vegetation, and engaging activities for families wishing to connect with nature. We’ll also highlight how these aspects converge near Graford, Texas, at Lake Godstone, providing an ideal location for nature enthusiasts.

The Importance of Wildlife Water Sources

Understanding Wildlife Water Needs and Their Habitat

Understanding the water needs of wildlife is crucial as various species have unique requirements for hydration. Water is needed for drinking, feeding, and behavior — it plays a vital role in the overall health and well-being of wildlife populations. Furthermore, water sources create habitats that support biodiversity.

Types of Water Sources: Free Water, Metabolic Water, and Preformed Water

Wildlife utilizes three primary types of water sources:

1. Free Water: This is water readily available from open sources like streams, ponds, and lakes that animals can drink directly.
2. Metabolic Water: This water is produced internally during the metabolism of food. It’s a critical source for many animals, especially small mammals and birds.
3. Preformed Water: This type is found within the food that animals consume. Many fruits and vegetables have high water content, contributing to the hydration of various species.

The Role of Vegetation in Sustaining These Water Sources

Vegetation plays a significant role in preserving and enhancing wildlife water sources. Plants help to stabilize soil and control erosion, reducing the amount of sediment that contaminates waterways. Additionally, trees and shrubs contribute to the shade and cooler environments needed for certain aquatic species, making it essential for maintaining the health of aquatic ecosystems.

Exploring Local Flora and Fauna

Identifying Plants Near Water Sources That Support Wildlife

The areas surrounding water bodies often host unique flora that supports various wildlife species. Examples include:

• Cattails: These plants provide cover and nesting materials for birds and amphibians.
• Willows: They serve as food sources and nest sites for many bird species.
• Bulrushes: Often found in wetlands, they help stabilize shorelines and provide habitat for fish.

How Local Flora Contributes to the Ecosystem Around Water Bodies

Local plants contribute to the overall functionality of water ecosystems by filtering pollutants, providing shade and oxygen through photosynthesis, and serving as habitats for various wildlife species. By supporting these plants, we also protect the wildlife that relies on them for survival.

Importance of Maintaining Biodiversity in These Environments

Biodiversity is crucial for robust ecosystems, as it enhances stability and resilience to environmental changes. Maintaining a variety of species helps improve the overall health of water sources and supports the habitats that many animals depend on.

Family Nature Activities

Suggestions for Family-Friendly Activities Centered Around Local Wildlife Water Sources

Connecting with nature can be a rewarding experience for families. Here are some engaging activities:

• Nature Walks: Guided trails around local water sources allow families to observe and learn about various plants and animal species.
• Bird Watching: Bring binoculars and use field guides to identify birds inhabiting the area. Bird feeders near water sources attract a variety of species.
• Wildlife Photography: Encourage children to capture images of wildlife, promoting a deeper appreciation for nature.

Ideas for Creating Nature-Inspired Experiences for Kids and Adults Alike

Families can create memorable experiences by:

• Hosting picnics near water sources, combining food with nature enjoyment.
• Organizing scavenger hunts that encourage exploration of local flora and fauna.
• Participating in local conservation dayswhere families can volunteer to clean up water bodies, helping to maintain the health of wildlife habitats.

Environmental Education Trips

Planning Educational Trips Focused on Wildlife Observation at Lake Godstone near Graford, Texas

Lake Godstone serves as an excellent location for families looking to explore wildlife and the surrounding environment. Organizing a trip dedicated to wildlife observation can foster educational opportunities for children and adults alike.

• Visit Lake Godstone, where families can engage in various outdoor activities and educational programs focusing on local wildlife.

Benefits of Environmental Education for Families and Children

Understanding ecosystems empowers individuals to make more informed decisions regarding environmental conservation. For children, hands-on learning experiences can spark their interest in nature, promoting further inquiry and exploration.

Incorporating Local Flora and Fauna Knowledge into Outings

Families can integrate knowledge about local plants and animals into their visit by discussing the significance of particular species and their roles in the ecosystem during trips. This fosters a greater appreciation for the environment and instills a sense of responsibility toward nature conservation.

Group Nature Retreats

Organizing Retreats for Church and Business Groups Aimed at Wildlife Observation and Education

For groups seeking a unique setting for reflection, education, and teamwork, nature retreats centered around wildlife observation can be highly rewarding. Lake Godstone offers amenities and accommodations for larger groups, providing the ideal atmosphere for bonding and growth.

Activities and Amenities Available for Group Gatherings

• Canoeing and Kayaking: Water activities that promote teamwork and fun.
• Guided Nature Hikes: Tailored educational sessions on local flora and fauna to enhance knowledge.
• Team Building Activities: Nature-based activities designed to foster teamwork and cooperation.

Nature Conservation Efforts

Highlighting Local Conservation Organizations and Their Roles in Protecting Wildlife Water Sources

Many organizations work tirelessly to protect local wildlife habitats and water sources. Collaborating with these organizations can provide valuable insights and participation opportunities for those interested in conservation efforts in Graford and its surroundings.

How Individuals Can Contribute to These Conservation Efforts

Individuals can play a vital role in conservation by:

• Participating in local clean-up events.
• Establishing and maintaining water sources in their yards that benefit local wildlife, such as bird baths or small ponds.
• Advocating for wildlife protection through local governance.

Conclusion

In conclusion, wildlife water sources are integral to maintaining the delicate balance of ecosystems and supporting local wildlife. By connecting with nature, observing wildlife, and understanding the importance of water and vegetation, we can all contribute to preserving these invaluable resources.

We invite you to experience the beauty of nature firsthand by booking your stay at Lake Godstone. Engage in outdoor activities, witness wildlife in their natural habitats, and create unforgettable memories with your family and friends. Visit us at www.LakeGodstone.com to plan your adventure today!

References

1. Ways to Add Water for Wildlife to Your Yard
2. How to Provide Water for Wildlife
3. Wildlife Water Sources | Texas Natural Resources Server
4. Providing Water to Wildlife - UF/IFAS Gardening Solutions
5. Offering Water For Wildlife: Some Things to Consider
6. From Forests to Faucets: Where does your drinking water come from

TCEQ Impact on our Wildlife Management Program

Our one-acre deer grazing field has newly planted red oak trees to provide cover,  forty new butterfly bushes to attract monarch butterflies and bees, and it doubles as a baseball or soccer practice field. We brought in 2 feet of topsoil five years ago and created this oasis for wildlife which also features a small retainage pond for a water source. TCEQ directed us to cease irrigation of this field and so it is likely that it will return to its original  barren condition.

After three years of planting milkweed all over our 188 acre campus we started seeing monarch butterflies and we were awarded a Monarch Butterfly Waystation. TCEQ directive to stop irrigation meant that we had to acquire a water tank and fill it with well water and deliver it to the way station so that we could keep our plant life alive during summer drought.

Worms are a bait for catching large mouth bass in our lake and so we built a worm garden and irrigated it to keep the necessary vegetation in the bed to support the worms. This small irrigation system also irrigates a small 500 sf lawn adjacent to the worm garden. TCEQ directive to stop irrigation means that this vegetation will likely die and so will the worms.

We built a private playground for our children with a grassy area of about 1,000 square feet and it was irrigated twice a week in dry conditions to keep the grass green. This grass will most surely disappear in the summer months and will not likely recover.

Minnows and frogs are another good bait for fishing in Lake Godstone™ and so we built a tiny minnow pond with lake irrigation (the water runs back into the lake) to raise them and to educate about the multitude of water creatures that live there year around. There are many frogs that call this pond home. TCEQ directives will result in the drying up of this small pond and death of all vegetation and wildlife that lives there. In addition the bird bath watering station will no longer exist.

We irrigate the small catfish pond (stocked with channel catfish, bluegill and crayfish) and feed the fish with a protein feed station similar to the other ten fish feeders around Lake Godstone, the Beaver Pond and the Crappie Pond. This pond will most certainly dry up in the summer and destroy the wetlands in the pond and below the pond along with the wildlife that depends on the water source that flows through the wetlands and the Beaver Pond and then back into Lake Godstone™.

There are numerous detainage ponds around the 188 acre family nature retreat that support our wildlife and vegetation. There is a 90 foot elevation drop from the north to the south of the property and decades or erosion caused the top soil to disappear and limestone rock to become the predominant soil surface throughout the campus. Our ponds provide a water source for vegetation and wildlife and gradually seep into the limestone rock creating a strong subsurface water stream back into the lake. When the lake was under construction we discovered numerous such streams.

We have a number of wildife feed stations with corn, protein and bird feed stations along with watering holes. This watering hole was fed by irrigation water and now that TCEQ directives have been met, the watering hole is already dry.

This wildlife watering hole is located near our east water well and so we were able to connect well water to the location and keep the hole full to support the adjacent wildlife feed station.

Our bird view station is adjacent to the Beaver Pond, bird bath, large bird feeder and bird feeders next to the minnow pond. We attract many species of birds from red wing blackbirds, robins, sparrows, wrens, cardinals, and hummingbirds. There are bird boxes, bat boxes and owl nest boxes strategically placed around the entire campus. A blue heron, twin bobcats and a beaver have permanently adopted our retreat as well as a number of deer, raccoons, rabbits and fox.

Our bees  thrive on the many types of native lowers that we have planted over the last eight years. Bees need a water source and during drought we bring water to the water trough located at the hive. We enjoy teaching our guests about bees.

We are not a non-profit organization but we operated like one with preference given to serving families and church groups with an affordable nature experience for the purpose of outdoor youth education for the benefit of non-profit organizations such as Christian Outdoor Ministry and Doc’s Memorial Outdoor Adventures who hold annual events at Lake Godstone™. Our owner representatives have not taken any kind of compensation in the company at anytime and they have at the time of this writing invested $6.5 million in the development of the property. There are no owner-use only facilities on the property,

Domestic Water use of Lake Water

in 2019 we built the irrigation system to various areas described herein and In 2020 during the addition of our Captains Cabin it was discovered that the main well might be failing and so we tapped into the irrigation system to provide domestic water to the facilities nearest the main water treatment plant. Most of the campus domestic water was provided by the east water well but the nearest connection was 1,000 feet away from these facilities. TCEQ directed us that use of the lake water was illegal and so we immediately completed the 1,000 foot piping to connect the east water well to the main plant; thereby eliminating use of lake water for domestic purposes.

Irrigation Systems using Lake Water

To summarize our past and current use of lake water for irrigation following is the list of the entire extent of such use.

1. One acre grassy deer grazing field with newly planted red oak trees and butterfly bushes t. This grassy fieild doubles as a baseball and soccer practice field. Irrigation is shut off.

2. Small  1/2 acre Catfish Pond and 2 acre wetlands to support fresh water vegetation and wildlife. Irrigation is shut off. Unless connected during the spring it will dry up and destroy the habitat we created. The water also ends up in the Beaver Pond and then the lake. In a severe drought lasting several months the Beaver Pond is also at risk of habitat loss.

3. Tiny watering holes at wildlife feed stations. Irrigation is shut off except at one station using well water.

4. Children’s Playground 2,000 sf. Irrigation is shut off. Lawn will die in the summer heat.

5. Worm garden and 500 sf lawn. Irrigation is shut off.  Garden will die in the summer heat.

6. Tiny Minnow Pond. Irrigation is still connected otherwise all aquatic creatures and vegetation will almost immediately die. Waiting for further direction.

7. Monarch Butterfly Waystation. Converted to hand watering by 200 gallon water tank filled with water from our well and transported as needed. No irrigation system used or needed.

I would ask TCEQ to explain exactly how Lake Godstone™ is negatively impacting safety and health of Texans?… Why the small pond exemption is not taken into consideration? ...Why watering a children’s playground is considered commercial use of the surface water?  …. Why after eight years of flood control and wildlife support are we suddenly a threat to the State of Texas?… 

When you drive through a playground area or school zone there is a warning sign with a speed limit… Where is the TCEQ warning sign? How is the average property owner supposed to know that TCEQ considers the irrigation of a children’s playground or drinking lake water is a danger to the health and safety of Texans?

Typical Guest Review…

The ranch was the perfect home base for all our adventures, and the lake was so refreshing. The kitchen was perfect for our needs,. The attention to detail in your property is amazing!! We loved looking for birds, we saw one new species for us, the Bell’s Vireo and we also saw the green heron, who I just adore. We even caught a view of the beaver on our last night!!! So happy with your clear love and protection of the wildlife. I know we will be sharing about this place to our friends. 

And many more of our guests over eight years… telling you what they think….

TCEQ has fined thousands of real offenders an average of $7,000.00 over the last few years including an $11,000.00 fine on a petrochemical company who released serious pollutants on Texas landowners. Now they are considering a similar fine on Lake Godstone™? … Fining us for following our own Wildlife Management Plan? …. and watering grass in a small children’s playground?

If we were to present our case to a court here is what we would say.

Defendant’s Memorandum in Defense of Lake Godstone

Honorable Judge [Name],

I. Introduction

We submit this memorandum in defense of Lake Godstone against the allegations presented by the Texas Commission on Environmental Quality (TCEQ). Our goal is to demonstrate the legitimacy and environmental benefits of Lake Godstone, a crucial resource for both the local ecosystem and community.

II. Background

In August 2024, TCEQ began an investigation into Lake Godstone's surface water rights, alleging illegal construction of a flood control system, irrigation of specific areas, and usage of State-owned surface water for drinking purposes. It is essential to understand that prior to the construction of Lake Godstone in 2016, discussions with the Jacksboro Texas Natural Resources Office confirmed our right to use surface water (rainfall) as long as the exit course of the water remained unchanged.

III. Legal Framework

Section 11.142 of the Texas Water Code provides exemptions for small ponds, a category under which Lake Godstone and its associated ponds fall. Our facility meets these criteria, thus qualifying for said exemptions.

IV. Argument

A. Environmental Stewardship

Lake Godstone serves as an effective flood control system, preventing downstream flooding that was prevalent before its construction. The November 2024 rainstorm exemplifies this system's positive impact, as it protected downstream landowners from serious flooding.

B. Wildlife Management

Our nature retreat spans 188 acres, supporting a diverse range of wildlife in line with our Wildlife Tax Exemption. We have meticulously managed the land to enhance biodiversity, with 537 entries of wildlife and vegetation species recorded in our iNaturalist account. The development of Lake Godstone and its ponds has been integral to our wildlife management and erosion control efforts.

C. Community and Educational Value

Lake Godstone provides essential services to the community, including recreational opportunities, wildlife education, and nature retreats. We host family-friendly activities and group nature retreats, fostering a connection with nature and promoting environmental education. The lake and surrounding areas serve as habitats for a variety of species, contributing to local biodiversity and ecosystem health.

D. Compliance and Impact

Our actions have consistently complied with state and federal environmental regulations. The allegations of non-compliance by TCEQ are unsubstantiated and fail to acknowledge the broader ecological and community benefits provided by Lake Godstone. The TCEQ's directive to cease irrigation and other activities has already adversely affected our wildlife management program and the health of the ecosystem.

V. Conclusion

We respectfully request that the court dismiss the claims against Lake Godstone and recognize its value to both the environment and the community. The TCEQ's allegations are unfounded and fail to consider the significant positive impacts of Lake Godstone's construction and management.

Comments by Jim Attrell, President Marluc LLC dba Lake Godstone™

The TCEQ's investigation disregards our meticulous efforts in environmental stewardship and wildlife management. Before constructing Lake Godstone, we were assured of our rights to the surface water by the Jacksboro Texas Natural Resources Office. Our flood control system has prevented serious flooding, as demonstrated in November 2024.

Our compliance with the Texas Water Code, specifically Section 11.142, exempts our lake and ponds from the TCEQ's allegations. We have invested in a comprehensive wildlife management program, which has enhanced biodiversity on our 188-acre retreat.

The TCEQ's directives have harmed our efforts, including the irrigation of a children's playground and wildlife habitats. We urge the TCEQ to provide clear explanations of how Lake Godstone negatively impacts the health and safety of Texans, and why our exemption under the small pond provision is not considered.

Lake Godstone has received positive feedback from visitors, highlighting our dedication to wildlife protection and environmental education. The TCEQ's actions against us are disproportionate compared to fines imposed on serious offenders.

Jim Attrell, President