Chapter 4 THE BIG BEND GUZZLER WAR
Posted by: "Don Mahan"
(EMAIL ADDRESS REMOVED BY SHANEA)Sat Aug 16, 2008 4:19 pm (PDT)
Shane here is chapter four. This was written back in 2003. There are
currently over 90 guzzlers and water catchments on Terlingua Ranch that
I have photographs of.
PROSE The Big Bend Guzzler War A true story of a modern day range war.
© Copyright 2003, By Donald Mahan
Used here with permission.
Chapter 4
Updated: January 2002 thru January 2003
Well now partner, I can't hardly believe I have not written anything
about the bloody Big Bend Guzzler War in a whole year. But it was over a
year ago when, I first wrote the first three chapters of the Guzzler
War. Also I have promised my worthy opponents that I would declare an
end to the war. Well I did declare an end to the war, but my opponents
keep violating the true spirit of peace and well a man is just not a man
unless he is willing to defend certain basic rights. Rights like:
* Freedom of speech and access to the Terlingua Ranch Newsletter.
* Freedom to hunt in peace on his own land without 100 to 125
motorbikes crossing his land.
* Elections with qualified observers allowed for both residents and
non-residents.
* Proper road maintenance is not received, but paid for.
* Money losing resort operations, which only benefits a few property
owners and tourists.
* Decreasing property values with no board action or plans to stop
this.
* Adequate water for wildlife on Terlingua ranch.
Well if all the above sounds like sour grapes from a loser in an
election, think again. The three candidates from the Many Tinajas Hunt
Club won in the board election held on January 25, 2003. Don Mahan,
Suzan Ivy and Jim Miller won all three board seats being voted on in the
recent election. Their stated platform goals were as follows:
1. Providing water for wildlife by building guzzlers at no cost to
the ranch or other property owners.
2. Improve hunting all over the ranch.
3. Improve Road Maintenance.
4. Give non-resident property owners an effective voice on the POATRI
Board.
5. Establish common sense guidelines for managing the money taken in
by the POATRI board in the form of Maintenance Fees.
6. Establish better relations between residents and non-residents.
During the past year the Board of Directors, finally decided to let us
have a paid advertisement in the Ranch Newsletter. After over six months
of trying we finally were able to get a small ad for the Many Tinajas
Hunt Club along with information concerning our telephone number, email
address and web page address. This is why we declared an end to the
Guzzler War. They also let Beechie have an advertisement for his
automobile repair shop, and the Terlingua Community Church to run a
small advertisement. Some people on the ranch could benefit from a
little preaching. The ranch newsletter also even set up a new bulletin
board for property owner comments on their web site. Not one single
property owner comment was ever permitted on their web site. Finally
before the infant bulletin board could ever utter a word the Terlingua
Board of Directors took it off the web site. The Board of Directors has
never permitted us to run a story in the ranch newsletter, telling
property owners of the advantages of building guzzlers on their private
property. I ask you, who is holding the smoking gun?
Now for a true humorous story of how elections are conducted on
Terlingua Ranch. In the previous election in January of 2002 the
previous board president told us that the ballots would be opened
starting 15 days before the election day and that we could have an
observer watching the vote counting. Well it doesn't take a genius
to figure out that no one in his right mind would sit in Alpine for 15
days watching the Official Independent Vote Counter counting votes.
Maybe if the observer had a slight case of the dreaded Chihuahuan desert
dead brain disease, he could endure two weeks of watching vote counting.
Being greenhorns and more interested in guzzler building and quail
hunting, we decided to skip the vote watching.
This year in January of 2003, we again asked the entire board of
directors when the ballots would be opened? Also we told them that this
year they should follow POATRI by-laws and open the ballots on Election
Day. Total silence from the board of directors, like they had all
contacted lockjaw or all broken their writing hands. Then, they told us
that it was up to the Official Independent Vote Counter to decide.
Finally, I wrote the Official Independent Vote Counter a letter and
requested to know when the ballots would be opened, requested that we be
permitted to have an official observer, and where would the ballots be
counted?
She wrote me back a very nice letter stating the following:
· Vote counting would be on Election Day.
· We could have an observer present.
· Vote counting would be at the ranch.
· She thanked us for informing her about the POATRI By-laws.
(Wonder if our tricky opponents had forgotten about that little chore?)
After getting her letter, I got a telephone call from the Official
Independent Vote Counter telling me that board president had just called
her and told her that we now could not have an official observer to
watch the vote counting this year. Now all city, school, county, state,
and federal elections permit official observers. Why does a non-profit
corporation like Terlingua Ranch not permit observers? Needless to say,
due to their past tricks, we were extremely nervous to think about all
the tricks that could now be played. We then told the board that if we
couldn't have an observer watching the vote counting, then we would
be watching the door to the vote counting room to make sure that no one
else entered the room. We even had a camera to take their picture. We
thought we had talked to enough voters to win, but were afraid of the
unknown. Our suspicions proved unfounded, but when the next election
comes around next year, I still want an official observer so that I can
sleep better at night.
The vote counting did finally get started on Election Day. The vote
count for the board election took 1 1/2 days because of the record high
number of ballots cast for recent elections. In year 2002 only 997 votes
were cast, and in the year 2003 a total of 2605 votes were cast. This is
an increase of 1608 votes being cast or a 161 % increase in voter
participation. This increase was primarily due to hard work by the Many
Tinajas Hunt Club members and friends.
The 2605 votes counted represent approximately 867 property owners who
voted, since each property owner is allowed to vote for three
candidates. This means that approximately 24.8 % of the 3500 property
owners eligible to vote, actually voted. This is a significant increase
from the 9.5 % that voted the previous year.
I would like to personally thank all the people who worked so hard to
make this grass roots victory possible and the property owners who voted
for our candidates. We now have three (3) board members who favor our
platform/goals on a nine (9) member board of directors. While we plan to
work very hard to advance our platform /goals, progress will be slow
until we elect two more board members and gain a majority status on the
board. My chief objective this year will be to serve the property owners
and to find still additional voters who want change on Terlingua Ranch.
The voters this year have given a clear signal about the need for change
on the ranch and the present board of directors should listen to the
voters if they want to remain relevant and in office.
Well so much for politics and on with the story. Toby, my trusted
yellow lab died last year after a long and full life (14 years) hunting
blue quail, doves, ducks and rabbits on Terlingua ranch. I plan on
purchasing a new yellow lab in February 2003. I tried out a chocolate
lab, but he was a bit too hyper for me, bit my wife's hand (four
stitches) and then bit a fellow in Del Rio who got too close to his dog
food. Going back to yellow labs for good. I almost died last year when
I went into a lake to retrieve two ducks without good old Toby. I
thought the water was shallow until it went over my knees/ head after
taking one step too far. Being a good swimmer I then pretended to be a
Toby. The next day I came down with the worse case of flu I have ever
had. Yep, a new dog is definitely needed.
Well the guzzler building business is really taking off these days.
Don't have to pay any income taxes on all the profits, as there is
no income. Ron Mahan, my twin brother in Florence Alabama, has talked
his wife into setting us up the finest little web page you ever saw. It
tells the hunters why they should build guzzlers, how to build guzzlers,
cost estimates for guzzlers, guzzler schematics, guzzler plans, guzzler
photographs, applications forms to join our club, financial information
on how Terlingua ranch spends our money, poetry, short stories and a
bulletin board for your comments. Just go to
http://home. hiwaay.net/ `rhmahan/ <http://home. hiwaay.net/ %60rhmahan/>
and click on it. It is all free information.
Since the majority of property owners now senior citizens no longer hunt
we have set up a separate group for "Friends". Most of these
members are more concerned about the declining property values on
Terlingua ranch than in shooting game. "Friends" are club
members who do not build guzzlers, do not pay dues, do not vote, but are
kept informed about the club and the ranch. Only informed people can
help to select proper board members or suggest changes in ranch policy.
More than a year ago, a small group of property owners started
organizing a club with the unique purpose of furnishing adequate water
for all wildlife on the 200,000-acre ranch. The club has a funny
sounding name originated by Ron Mahan, the Many Tinajas Hunt Club. The
name was chosen because it means "many waterholes". Year 2002
has been a good one for the Many Tinajas Hunt Club or MTHC. In about
fourteen months we have grown from zero to 41 members. All have pledged
to build a guzzler (or have one) for our desert wildlife. We are well
on our way towards 100 members, so we can get 100 guzzlers built in two
or three years. Our members have now built 7 new guzzlers and repaired
2 old guzzlers for a total of 9 operating guzzlers on the ranch. Neil
Burch, former ranch manager, had said that there was no interest in
guzzler building among property owners, but I guess he was just talking
to the wrong property owners. Non-hunters and birdwatchers instead of
hunters!!
By improving wildlife populations with water for wildlife, we will
attract back the hunters and thereby improve property values. The
present POATRI board's policy of no water conservation for wildlife,
and no programs to improve hunting activities on the ranch, and
supporting the money losing resort operations is a failed policy, and
will eventually result in zero property value and bankrupt the POATRI
organization. The failed resort operations lost $120,000 in year 2001.
The board has not submitted the financial reports for year 2002. These
losses caused the ranch board to curtail current road maintenance.
The next time you are in the Terlingua Ranch restaurant, go to the south
dining area and look at the framed picture of a cartoon about Rick
O'Shay close to the bathrooms. Then look at the bottom of the framed
picture and see what Terlingua Ranch land prices were selling for in
about 1970.
The motorbike rally people are still interfering with hunting on
Terlingua ranch despite Burl Hughes, Barbara Trammel, and the POATRI
board being told several times that they are interfering with our
hunting. Some of our opponents like to stir up the war on a regular
basis. Another darn smoking gun. Darn is about the strongest curse word,
my 88 year old father, the Judge will allow. Again this past year, the
motorbike rally was run on the first and second day of quail hunting
season. We tried to stop the rally by the following means:
* Requested that Burl Hughes move the motorbike rally to a date other
than during quail season. He refused to do this. He is currently
planning another motorbike rally in year 2003, during hunt season.
* Tried to get the game wardens Captain Steve Whitaker and Ray Spears
to file criminal charges against Burl Hughes, Barbara Trammel, and the
POATRI board. Charges were to be filed for "Harassment of
Hunters". The hunting property owners of the Terlingua Ranch have
had their legal right to lawfully hunt quail on their own property
intentionally interfered with for the past six years by the actions of
the Houston Trail Riders Club (represented by Burl Hughes), local
sponsor Barbara Trammel and the POATRI board of directors. This occurs
annually when 100 or more motorbikes go roaring down our private roads
in front of and thru our private hunting property. This frightens the
wild birds so badly, no hunting can be done.
When you tell someone his actions are causing you a problem, a good
neighbor will generally not keep on interfering with your hunting. When
he keeps on doing it, it is intentional interference of your hunting.
Captain Steve Whitaker and Warden Ray Spears met with Brewster County
Judge Val Beard and Brewster County Attorney Steve Houston and decided
there was no violation of law based on what we sent to Judge Val Beard
and also to the TPWD.
Captain Whitaker said that they could not file a case in Brewster County
on this because the local officials would not do anything just for
bikers driving by our property. He also stated that wardens will be
"in the area" to make sure actual harassment of hunters
"like a biker driving around you when you are trying to shoot a
quail does not, in fact happen".
I can assure you that no quail will be present to shoot at when
100 to 125 motorbikes come thru your property. The loud motorbikes will
have already scared all the quail away and it is impossible for hunters
to shoot quail or for bikers to ride around you while you shoot quail.
Please ask any quail hunter about this if you are not an experienced
quail hunter.
Judge Val Beard and Steve Houston should have realized this and
permitted our request for Harassment of Hunters charges to be filed.
Steve Houston also has a serious conflict of interest as he is currently
representing the POATRI board of directors on civil suits.
* We filed a motion in the Brewster County District for a temporary
restraining order against the Houston Trail Riders. We had twelve (12)
notarized affidavits by property owners that stated that the motor bike
rally was interfering with their quail hunting and that they did not
give permission for the Houston Trail Riders to cross their land.
District Judge DeHart ruled our request for a Temporary Restraining
Order was moot or invalid because the October 27, 2002 dirt bike rally
had already been run. He didn't mention the fact he was the one who
delayed the hearing until the rally had been run. He also would not let
me represent my brother in the hearing because I am not a lawyer.
Never the less, we are still hopeful the Houston Dirt Bike Club will
want to compromise, and schedule their rally at a time other than our
quail and deer hunting season. The election results may also help bring
them back to the bargaining table. Then, we also have additional plans
to stop the motorbike rallies if required. Of course I do not intend to
shoot myself in the foot and file criminal charges against myself as a
board member.
Texans and General Sam Houston, the first president of the independent
country of Texas, lost many battles with the Santa Anna and the Mexicans
before they won the war at San Jacinto. We are also determined to fight
on, because we know our cause is right and we will prevail.
I have been doing a lot of thinking about hunt parks. Terlingua ranch
should have some hunt parks for the average hunter to have a place to
hunt deer. Since the majority of property owners no longer hunt, it
would not be fair to require non-hunters to pay for this. There are a
number of ways to go about re-establishing hunt parks.
1. Private groups could lease land (state land or private land) for
the hunters. Hunters would then pay for an annual lease and would be
allowed exclusive hunting rights on the property. Some of the Many
Tinajas Hunt Club members are currently doing exactly this and we hope
to obtain more land for more members. On leased land we plan to provide
permanent water and some game feeders.
2. POATRI could lease land (state land or private land) for the
hunters. Hunters would then pay for an annual lease and would be allowed
exclusive hunting rights to the property. Permanent water should be
provided on all the hunt parks.
3. Hunters can buy up additional Terlingua land to create small
private hunt parks. Some of our members are already doing this, due to
current low land prices.
4. Other plans are possible.
Everyone will benefit from the development of hunt parks. Land will
become more valuable due to increased game harvests. Also road hunting
will decrease as more hunt parks are created. Some of the people that no
longer hunt, may want to lease their land for hunting. Some people that
no longer hunt may want to donate their land to POATRI for the creation
of new hunt parks. Already some property owners are giving land to
POATRI and this land is being auctioned off. Resort operations should
benefit from increased hunter visits. Organizations that do not satisfy
the needs of its members tend to go out of business.
Also I have been thinking about our resort operations (motel,
restaurant, water sales, gasoline sales, souvenir sales, and stables).
The majority of property owners also do not use these resort operations
either. If it is not fair for hunt parks to be paid for by the general
funds, then it is also equally unfair for people who do not use these
resort facilities to have to pay for them.
The current resort operation losses are slowly bankrupting POATRI.
Already road maintenance is being curtailed due to resort operation
losses. Needed maintenance on the motel, restaurant, RV bathhouse, and
ranch office is also being curtailed. We
need to wake up and stop these losses. Consideration should be given to
putting the motel and restaurant up for lease or for sale or on a profit
basis (break even or be shut down). Even if both the motel and
restaurant were shut down, there are other motels and restaurants on
highway 118 available to property owners on both sides of 118. The
existing lodge is not used much by property owners with land west of
118. Maybe the new asphalt pavement to the lodge will help resort
operations prosper, but don't count on it. I see many failed
businesses out on highway 118, not sixteen miles off the highway. We
need a discussion on this subject as it is slowly destroying our ranch.
This is your ranch, which is owned by all the property owners of
Terlingua Ranch. . Input from all property owners is badly needed. What
do you think should be done about hunt parks, resort operations and
other areas of concern?
The End
While the war has ended, a peace treaty has not been worked out nor
signed.