PROGRESS REPORT
TEXAS COLONIAS SUB-GROUP
     June 1992 - July 1993

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                   ACKNOWLEDGEMENT
The progress of the Texas Colonias Sub-group would not have
been possible without the generous participation of the
leadership, management and staff of the participating State
and Federal agencies.

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                          Progress Report
                     Texas Colonias Sub-Group
I.    Purpose of the Texas Colonias Sub-group

      Thetpurpose of the Texas Colonias Sub-group is to develop
      an integrated and coordinated approach to implementing
      financial and technical assistance for drinking water and
      wastewater infrastructure in the colonias along the
      Texas/Mexico border.

II.   Progress Report Summary

      The Texas Colonias Sub-group has been a successful vehicle
      for integrating State and Federal agencies involved in
      financing drinking water and wastewater infrastructure for
      the colonias.

      The Sub-group has also been successful in providing
      information to political subdivisions and colonia
      residents.

III.  Background

      Colonias are generally rural neighborhoods and
      unincorporated subdivisions in or near cities  in Texas and
      New Mexico along the U.S.  - Mexico International Boundary.
      Colonias are characterized by substandard housing,
      inadequate plumbing and sewage disposal systems,  and
      inadequate access to clean water.   They are  highly
      concentrated,  impoverished and legally isolated from
      neighboring cities.   The common thread is the  potential  and
      immediate health threat due to inadequate or lack of safe,
      potable water  and sewage disposal.

      There  are approximately 1,193  colonias in Texas along the
      border with an estimated population of 279,863.   Of  this
      total,  165,616 or 59.2% reside in  the four lower  Rio Grande
      valley counties  of Cameron,  Willacy,  Hidalgo and  Starr.
      Hidalgo county has the  highest identified population of
      109,337 or  39% of the total  colonia population.   El  Paso
      county,  on  the upper Rio Grande, has  the  second largest
      population  with  47,827  or  17%  of the  total colonia
      population.  Population densities  range up to  23  persons
      per  acre.

      The Texas Water Development  Board needs survey  produced
      preliminary cost  estimates  for water  and wastewater  in the
      colonias.   The total estimated cost to provide  water and
      wastewater  services to  the colonias is approximately $696

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      million (1992 dollars).  Of this total, approximately $147
      million is needed for water service and $467.3 million for
      wastewater service.  The estimate also includes $80.8
      million for connection fees and indoor plumbing
      improvements needed by existing colonia residents.

IV.   Agencies Participating in the Colonias Sub-group

      The Texas Colonias Sub-group is chaired by the
      Environmental Protection Agency (EPA) and is composed of
      representatives from: the U.S. Department of Housing and
      Urban Development, the U.S. Department of Agriculture -
      Farmers Home Administration (FmHA) and the Rural
      Development Administration  (RDA), the International
      Boundary and Water Commission  (IBWC), the Texas Water
      Development Board  (TWDB), the Texas Department of Housing
      and Community Affairs  (TDHCA), the Texas Water Commission
      (TWC), the Texas Department of Health  (TDK),  the
      Governor's Border and Immigration Issues Office and, just
      recently, the Texas Attorney General's Office, Consumer
      Protection Division.

V. Texas Colonias Sub-group Activities

      Information Exchange
      The Texas Colonias Sub-group has provided a forum for
      Federal and State  agencies  involved  in providing drinking
      water and wastewater funding  assistance to the colonias to
      become aware of the extent  of  each agency's area of
      interest and program requirements.   The Sub-group
      represents an opportunity to  know the  resources _ of each of
      the agencies and work  toward  solutions cooperatively on a
      continuing basis.  The  Sub-group meets, generally monthly,
      to exchange information.  Summaries  of the meetings held
      to-date appear  in  Appendix  A.

      Two management  tools were created to assist in attaining
      the objectives  of  the  Sub-group.  A  matrix which  delineated
      each agency's authority and eligibility criteria  (see   -_
      Appendix B) and a  consolidated project list  (see  Appendix
      C).

      The matrix was  initially used to  depict each  agency's
      requirements and  limitations.   This  information has  been
      incorporated into  brochures (see  Appendix  D.)  for use  in
      explaining the  programs to  the public.

      The project  list  indicates  the funding agency,  amount_of
      assistance,  the stage  of  assistance from pre-application
      through  construction,  and  whether the  project involves
      water  or  wastewater  facilities.   Each  agency  in the  Texas  .
      Colonias  Sub-group with funding authority  provides  input  to

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 the Consolidated Project List..  The list provides a tool to
 show what colonia water and waltewater projects are
 expected, which projects are in planning or under
 construction and the list can assist in coordination
 between interested agencies.

 The Sub-rgroup has facilitated networking between the staff
 of the funding agencies for project-by-project
 coordination.  Regular meetings of the Sub-group,  generally
 monthly,  have engendered a cooperative spirit among the
 members.   It is recognized that more can be accomplished
 working together than working separately.  Continued contact
 between the funding agencies is encouraged to develop
 comprehensive and cost effective solutions.
 Communication,  whether on a formal or an informal  basis,
 has enhanced coordination between agencies and provided a
 mechanism for more comprehensive solutions to the  water and
 wastewater problems in the colonias.   Continued contact
 between the funding agencies will forge comprehensive and
 cost effective solutions,  as an example,  the Farmers Home
 Administration and the Texas Water Development Board
 coordination of projects in the lower Rio  Grande valley.

 The sharing of  project related  information between State
 and Federal agencies  has been a major effort of the Sub-
 group.  The project status report is  updated,  at least
 monthly,  with current information as  provided by FmHA/RDA,
 TDHCA and TWDB.   This project status  report  serves as the
 primary coordinating  tool  between the agencies and provides
 information on  drinking water and wastewater projects in
 the pre-application stage,  application stage,  planning
 stage and under construction.   At this time  (July  1993),
 approximately 95  projects  representing over  150  colonias
 are being reported.

 A coordinated approach  to  providing assistance will  reduce
 the duplication of  effort  and target  funds from  agencies
 with unique  authorities  to the proper  applicants.  This
 coordinated  approach  may also reduce  the confusion at  the
 local  level  concerning  the myriad  of  assistance  programs
 and application requirements.


 Outreach  to  Colonias  and Local Government

 In  an effort  to assure that the colonias residents and
 local officials were  aware of available financial
 assistance, the Sub-group sponsored a series of workshops
 at  five border locations.  These workshops provided local
 leaders and colonias residents with information and options
 for  funding assistance.  Colonias residents, local
government and non-governmental organizations were invited

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to the five workshops to be informed of the various
assistance programs available from State and Federal
agencies.  Brochures (see Appendix D) were prepared and
distributed that described the programs available for water
and wastewater assistance to the colonias, including a bi-
lingual brochure for individuals, describing assistance
available to the residents of the colonias.

The 1993 Texas colonias workshops were conducted in El Paso
on April 8, in Eagle Pass on April 15, in Laredo on April
22 and in Harlingen and Rio Grande City on April 29.  The
Department of Housing and Urban Development funded the use
of a consulting firm through an existing contract to assist
the Sub-group.  The consultant, The Communications Group
(TCG), assisted by providing logistic and coordinating
services for the workshops.  News releases and public
service announcements were sent to area newspapers,
television and radio stations.  Follow-up calls were made
to confirm receipt of the material.  Translation services
were available at each location.  Local reaction to the
workshops was very positive.  Local attendees were
appreciative of the effort by the members of the Sub-group
to familiarize them with the various and sometimes
confusing assistance programs.

Two general subject areas were voiced as common concerns by
workshop attendees that are related to the Sub-group's
interests.  The effect of the lack of platting in the
colonias and what can be done to address the immediate lack
of sanitation services during the implementation of the
infrastructure support.

The lack of platting was a common problem expressed during
the workshops.  It was stressed at the workshops that
platting is no longer a requirement for eligibility_of any
of the agencies' water and wastewater financial assistance.
Without platting, however, subdivision improvements cannot
be properly accomplished.  This is a responsibility and
task that has fallen on the counties in order to be able to
bring in water and wastewater systems, roads, paving and
drainage.  Until recently, there were no funds to help pay
for platting costs.  However, in 1992, amendments to the
Cranston-Gonzalez Affordable Housing Act added platting as
an eligible activity.

It was also noted that the lack of approved development and
platting becomes a critical issue when a city is under
pressure to annex an area with colonias.  If the city_does
annex a colonia subdivision it then  incurs the financial
responsibility for platting in order to provide water,
sewer and other services.  Even when the area is platted,
there is a need to determine rights of way and easements,

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 all  of which  is  a  costly undertaking.  Understandably,
 cities and  counties  are hesitarit  to assume  such  a burden
 when their  resources are already  strained.

 The  second  concern was the  issue  of what  intermediary
 measures could be  taken during the implementation of the
 infrastructure support.  Based on the fact  that  almost all
 of colonia  residents are living with unsafe drinking water
 in barrels  and cans  and with unsanitary,  overflowing
 cesspools,  the residents specifically requested  regulatory
 flexibility and  funding assistance to drill water wells and
 to construct  septic  tanks.

 At issue were governmental  restrictions on  the drilling of
 wells for community  use, and the  building of septic tanks.
 Some participants  seemed to feel  that since these systems
 were practical in  former rural settings,  they should be
 allowed now.  It was explained that these regulations are
 meant to protect the health and welfare of  individuals
 using or living near such systems and therefore must be
 enforced.   These systems, when used for more than one
 household or  in high density areas are no longer as safe as
 they were when they  were built and used in  sparse rural
 areas by individual  households or farms.  It was pointed
 out  that a  water well that  serves more than one family
 could become, or be  viewed  as, a water authority with all ,
 of the applicable  rules and regulations.

 The  Sub-group will explore  the issue of intermediary or
 phased support for potable water and wastewater disposal
 during the  implementation of the infrastructure support.
 There is a  need that  has been identified  because the
 potential or  immediate health threat from unsafe water
 containers  and inadequate sewage disposal continues to
 exist during the implementation of the infrastructure
 support.
Technology Transfer

The Sub-group is in unique position to sponsor, or aid
others, in conducting technical workshops and seminars on
cost-effective, technology-based, approaches to the water
supply and wastewater treatment issues in the colonias.

The Sub-group will provide a forum for State and Federal
agencies to share information on comprehensive and
affordable solutions.  The information may concern low cost
technology or local management structures.

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V. Continuing and Future Activities

      The agencies represented in the Sub-group will continue to
      coordinate project-by-project activities.  The Consolidated
      Project List will be used to facilitate the coordination.

      The outreach and marketing effort for colonias assistance
      will be continued.  Colonias residents and local leaders
      need information on funding assistance options.

      The Sub-group will continue to provide a forum for
      information on unique or innovative technology applicable
      to the colonia environment.

      Regional solutions to water and wastewater service will be
      encouraged.  Cities with adjacent colonias should be
      encouraged to provide services where it would be more cost
      effective to increase treatment capacity of existing
      facilities than to build new plants.

      The Sub-group will pursue ways of implementing intermediate
      solutions until the permanent water and wastewater
      infrastructure can be built.

      The Sub-group will pursue means that will increase
      compliance with the model subdivision rules and the
      platting and recording requirements.  These may involve
      supporting or encouraging more aggressive local
      enforcement, review of existing rules or regulations and
      modify or add stipulations/conditions to financial
      assistance instruments.

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        APPENDIX A
TEXAS COLONIAS SUB-GROUP




   MEETING SUMMARIES
       June 1992 -July 1993

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TEXAS COLONIA SUBGROUP MEETING




           MINUTES
        JUNE  10,  1992
TEXAS WATER DEVELOPMENT BOARD




        AUSTIN, TEXAS

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 The  first  Texas  Colonia  Sub-Group meeting was  held on
 June 10, 1992, in  the  Texas  Water Development  Board Conference
 Room in Austin,  Texas.
The attendees were:

Oscjar Cabra Jr.
Harold  (Dick) Smith
Marvin  Waters
Yusuf Farran
J. Gary Lightsey
Wayne Thorburn
R.D. Smith
Roy Moeller
David Juarez
Fernando R. Escarcega
Tom Brown
Gary Bechtor
Todd Chenoweth
EPA
EPA
EPA
IBWC
FmHA
HUD
HUD
TWDB
TWDB
TWDB
TWDB
TWDB
TWDB
INTRODUCTION

Mr. Cabra opened  the  meeting with an overview of the Border Plan
Work groups and Sub-groups.   He stated that there were six major
work groups to address the environmental issues of the Border Plan.

These six major work groups are:

1)   Air - chaired by Region 9
2)   Hazardous Waste - chaired by Region 6
3)   Water - chaired by Region 9
4)   Enforcement - chaired by EPA Headquarters
5)   Emergency Response - chaired by EPA Headquarters
6)   Pollution Prevention - chaired by Region 6

There are six sub-groups of the Water Work Group in Region 6.

They are:

1)   Texas Surface Water Quality
2)   Ground Water Protection
3)   Public Water Supply
4)   Texas Colonias
5)   Laredo/Nuevo Laredo Wastewater Treatment Project
6)   New Mexico Colonias

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                               -2-
The core members of the Texas Colonias sub-group are:

The U.S. Environmental Protection Agency
Farmers Home Administration
International Boundary & Water Commission
Texas Water Development Board
Texas Water Commission
Texas Department of Health
The U.S. Department of Housing and Urban Development

In addition,  the EPA  Border Environmental Plan  Public Advisory
Committee  was  mentioned.     The  functions  of  the  EPA  Border
Environmental Plan Public Advisory Committee are:  1) to serve as
conduits for  the public dissemination  of  information concerning
specific projects and programs pursued under the Plan; 2) together
with the Plan and with the  Coordinators,  serve as a clearing house
for the receipt of public comments from area residents and others
related  to the  Plan  and   its  implementation;  and,  3)  promote
community relation activities and right-to-know policies.

Attached is a copy of the News Release identifying the members of
the committee/ a  copy  of the New Mexico Environment Department's
draft  Report  titled  " Water  and Wastewater  Disposal  Needs  of
Colonias in New Mexico", and a copy of the directory of the
Region 6 sub-groups.
PURPOSE OF MEETING

The purpose of this meeting was highlighted by Mr,
twofold:
Cabra.   It was
     To  develop  an  integrated  and  coordinated  approach  when
     providing financial assistance to the Colonias, because it is
     anticipated  that  during implementation of  the  Border Plan,
     obstacles to funding the Colonias' needs will arise that will
     require the  sub-group  to deliberate and  resolve how best to
     expedite financial assistance to the Colonias consistent with
     the Border Plan.

     To agree upon the best approach for establishing coordinated
     efforts  involving all sub-group  member  agencies.   A group
     consensus reflected that a MOA or MOU should be developed and
     should recognize  local officials  roles and  responsibilities.

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                               -3-
Other subject areas were discussed:
CRITERIA FOR COLONIA ELIGIBILITY

•    EPA believes there is a need to establish a matrix of colonia
     eligibility  criteria  as  identified  by  all  participating
     agencies.    EPA  drafted  such  a  matrix  from  information
     contained  in  the TWDB  Colonia  Plumbing Loan  Program,  TWDB
     Economically Distressed Areas Program,  and as best determined,
     the HUD County District Block Grant Program.  The development
     of the  matrix will  help the sub-group with  an  integrated
     approach in providing assistance to the Colonias.   Sub-group
     members will submit their respective eligibility criteria for
     financial assistance to the Colonias to EPA within two weeks
     from the date of this meeting.

PRIORITIES AND PRIORITY SYSTEMS
     EPA's concern is how to expedite assistance to the Colonias.
     EPA's 1993 budget includes $50  million  for wastewater needs
     for the Colonias, FmHA will provide  $25 million  in 1993 for
     water projects,  and HUD has set-aside  $5.7 million for Colonia
     assistance.   With all  these  different funding sources,  the
     sub-group will need to identify a program "Pooling Scheme" for
     both water and wastewater assistance so that we (participating
     agencies)  can  maximize the  efficiency  of  the tax  payer's
     dollar.     HUD   representatives  requested  that   the  local
     officials need  to be involved in the  coordinating efforts of
     the agencies and that it should be up to the local official
     to identify the assistance priorities in the Colonias.
     Sub-group members will submit their ideas and recommendations
     on the "Pooling  Scheme" concept of each agency's authority to
     assist the Colonias  to  EPA within  two weeks from  the date of
     this meeting.

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                               -4-
COLONIA DEMONSTRATION PROJECT
     Valle Escondido Colonia in Cameron County was selected by the
     sub-group as the  "Demonstration  Project"  that will consider
     the  construction  of a  Microbial Rock  Filter Plant as  the
     Colonia's wastewater  treatment plant.   The  initial  design
     concept was to provide wastewater treatment only .to
     40 homes; however, the sub-group recommended that additional
     capacity be provided for future growth.  This project will be
     the demonstration model  of a "solution to a wastewater problem
     in a Colonia."  IBWC will design, construct, and operate the
     wastewater plant for the first 3 years of operation.

     Since EPA will not be  able  to provide any funds  until  the
     early part  of  1993 for the  demonstration project,  the TWDB
     will investigate  if EDAP funds  can  be made  available to a
     Federal Agency.

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TEXAS COLONIA  SUB-GROUP MEETING




            SUMMARY
       SEPTEMBER 2,  1992
 TEXAS WATER DEVELOPMENT BOARD




         AUSTIN, TEXAS

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 The  second  Texas  Colonia  Sub-Group  meeting  was  held  on September
 2, 1992,  in the Texas  Water  Development  Board Conference  Room in
 Austin, Texas.
 The  attendees were:

 Oscar  Cabra Jr.
 Terry  J. Turner
 Wendy  Gordon
 Anthony Bennett
 Ruth Cedillo
 Fernando R. Escarcega
 Todd Chenoweth
 Neal Sox Johnson
 J. Gary Lightsey
 Kathy  Little
 Gay  Erwin
 Sandra Martinez
 Sally  Gutierrez
-  U.S. Environmental Protection Agency
   U.S. Environmental Protection Agency
-  Texas Water Commission
-  Texas Water Commission
-  Texas Dept. of Housing & Comm. Affairs
-  Texas Water Development Board
   Texas Water Development Board
   Farmer's Home Administration
-  Farmer's Home Administration
   Senator Bentsen's Office
   Senator Bentsen's Office
   Governor's Office
   Texas Department of Health
INTRODUCTION

Four binational work groups have been working since 1983 to
implement the terms of the 1983 joint Mexican-U.S. comprehensive
Border Agreement and its technical annexes.  Those four work
groups address air, water, hazardous waste and emergency response
issues (pollution prevention and enforcement were added in 1991).
The Presidents of Mexico and the United States directed SEDUE
(now SEDESOL) and EPA to develop a plan.  As a result of the
Integrated Border Environmental Plan, each work group formed sub-
groups to focus on high priority concerns in the border area.

The primary purpose of the Texas Colonias Sub-Group is to
expedite solutions to the lack of potable .water and the lack of
wastewater treatment in the colonias.

Mr. Cabra opened the meeting with an overview of the status of
the EPA's appropriations for FY 93.  The Senate and the House
have each passed different versions of an appropriations bill for
EPA and the bills will have to go to a conference committee.   The
Department of Agriculture's appropriation (which includes $25
million for the colonias) has been passed.  The exact language
was not 'available at the time of the meeting and there are
questions as to how the $25 million for the colonias will be
implemented.

The^opening of the Department of Agriculture's Rural Development
Administration office in Levelland, Texas, was announced by Mr.
Neal Sox Johnson.

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                               -2-

Mr. Todd Chenoweth said that the Colonias Needs Assessment
Report, produced by the Texas Water Development Board, is
expected to be available in mid-September.


Sub"-Group Work Plan

     Eligibility Matrix

The latest version of the eligibility matrix was distributed.
The matrix is meant to provide a brief description of each
agency's eligibility criteria as it may apply to financial
assistance for the colonias.

     Pooling Scheme

Mr. Cabra reiterated that the purpose of the sub-group is to
facilitate coordination and networking between the various
agencies which are capable of assisting the colonias to solve
their sanitation problems.  The sub-group will provide the means
for each agency to share information on drinking water and
wastewater projects in the pipe-line.  The sub-group will also
share observations on barriers that hamper or prevent the
assistance to the colonias and suggest solutions to those
problems.  The networking between the funding agencies will
maximize the benefit from each public dollar spent.

The members of the sub-group who represent funding agencies
agreed to send information on their program's application
process.  Also lists of drinking water and wastewater projects
will be sent to the EPA by September 11 for compilation into a
master list.  The projects will generally be in three categories:
(1) Pre-Application for Assistance,  (2) Application in Process
and (3) Not Completed Construction.  The information will be
provided to the sub-group prior to the next meeting.

The sub-group members also agreed to share the obstacles they
have experienced in implementing their programs in the colonias.


Other Subnects Discussed

The Sub-group discussed the issue of regulating development by
enforcement of sanitary codes and standards.  Onsite wastewater
treatment facilities  (i.e. septic tanks, etc.) which handle more
than 5000 gallons per day require a permit from the Texas Water
Commission.  Facilities which handle less than 5000 gallons per
day only require a local  (county) permit.  These facts were
brought out during a brief discussion of how the various agencies
may consider the infrastructure sizing in colonias which have not
been fully developed.  This may be an issue for the sub-group to
consider in a future meeting.

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                               -3-

There was also a discussion with regards to statutory and
regulatory requirements that prevent further exacerbation of the
existing sanitation problems.  It was reported that the Texas
Attorney General has developed a training course for County
Officials on existing State laws to assist them regulate
development in unincorporated areas.

Next Meeting

The next meeting of the Texas Colonias Sub-Group will be
Wednesday, September 30, at 10:00 am, in room 513f, Texas Water
Development Board, Stephen F. Austin Building.  The sub-group
will discuss the compiled information and evaluate networking
concepts that will enhance the utilization of the shared
information.

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TEXAS COLONIA SUB-GROUP MEETING




            SUMMARY
      SEPTEMBER  30,  1992
TEXAS  WATER DEVELOPMENT BOARD




         AUSTIN,  TEXAS

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 The third Texas Colonia Sub-Group meeting was held on September
 30,  1992,  in the Texas Water Development Board Conference Room in
 Austin,  Texas.
 The  attendees  were:

 Oscar  Cabra  Jr.
 Terry  J.  Turner
 Neal Sox  Johnson
 J. Gary Lightsey
 Eugene G.  Pavla
 M.J.  (Mayo)  Pena
 Fernando  R.  Escarcega
 Todd Chenoweth
 Elizabeth Valdez
 Andrea Abel
-  U.S. Environmental Protection Agency
   U.S. Environmental Protection Agency
   Farmer's Home Administration
   Farmer's Home Administration
-  Farmer's Home Administration
-  Farmer's Home Administration
-  Texas Water Development Board
   Texas Water Development Board
-  Valley. Interfaith
   Governor's Office
WORK GROUP PURPOSE

The primary purpose of the Texas Colonias Sub-Group is to
expedite solutions to the lack of potable water and the lack of
wastewater treatment in the colonias.
INTRODUCTION

Mr. Cabra opened the meeting with an overview of the status of
the EPA's appropriations for FY 93.  The Conference Committee has
reported out an appropriations bill for EPA.  Passage is expected
soon.
Colonias Master List

The submissions by the sub-group members to the colonias master
list are appreciated.  As new information becomes available, a
new list will be distributed.
Farmers Home Administration

Mr. Neal Sox Johnson and his staff briefed the sub-group on how
the funds recently appropriated for FmHA use in the colonias will
bemused.  Mr. Johnson provided information on funding levels,
eligibility requirements and processing times for the programs
under his direction.

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r
            Some of the points Mr. Johnson made are:

                 •    $25 Million appropriated

                      -    targeted to the colonias
                           $2 Million for individuals thru 504 Housing
                           Program

                           $23 million to recognized entities
                                10,000 population or less
                                County can apply for grant
                                70% per capita income
                           -    Unemployment rate
                                Maximum grant to individual is $3500
                                   Service line for wastewater ($2000)
                                   Service line for water ($1500)
                                Significant health risk to major portions of
                                population
                           -    Colonia designated by State or County as in
                                existence on October 1, 1989.
                                Not limited to border counties
                           -    November target date
                                No new construction in floodplain however
                                improvements to existing homes can be funded.
                                Evidence of ownership, deed purchase,
                                purchase contract.
                                One - year appropriation.
            Next Meeting

            The next meeting of the Texas Colonias Sub-Group will be
            November 12, 1992, at 10:00 am, in room 513f, Texas Water
            Development Board, Stephen F. Austin Building.

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            SUMMARY

TEXAS COLONIA SUB-GROUP MEETING
       NOVEMBER 13, 1992
     SAM HOUSTON BUILDING
        AUSTIN, TEXAS

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The fourth Texas Colonia Sub-Group meeting was held on November
12, 1992, in the 7th Floor Conference Room, Sam Houston Building,
Austin, Texas.
Attendees

Oscar Cabra Jr.
Terry J. Turner
Fernando R. Escarcega
Todd Chenoweth
Steve Walden
Charles R. Maddox
Neal Sox Johnson
Andrea Abel
Wayne Thorburn
Paco Valentin
Ruth Cedillo

Jorge Arroyo
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
Texas Water Development Board
Texas Water Development Board
Texas Water Commission
Texas Department of Health
Farmer's Home Administration
Governor's Office
Dept- of Housing and Urban Development
Farmer's Home Administration
Texas Dept. of Housing and Community
Affairs
Texas Water Commission
WORK GROUP PURPOSE

The primary purpose of the Texas Colonias Sub-Group is to
expedite solutions to the lack of potable water and wastewater
treatment in the colonias.
EPA Funding

Mr._Cabra opened the meeting with an outline of the plans for the
administration of the recently passed funding for the colonias.

        $50 Million for colonias
           $2 Million for planning and design only
           wastewater only
           Administered through grant to TWDB
              grants to public entities and non-profit orgn.
           One to one State match required
              EDAP can serve as the match
           Cross-cutter Federal requirements apply
           Platting will not be EPA eligible
              HUD funds are more appropriate
           Colonias must have existed on November 1,  1989
           General Criteria guiding the options
              Get the money to the colonias as soon as possible
              EPA desires award to TWDB as soon as possible -
              target is December,  1992.
                 discussions are underway on options  for grant
                 conditions.
              New EPA regulations will not be needed  - grant
              conditions will serve
              TWDB is checking with State comptroller to see  if
              State legislation is required.

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Colonias Project List

The sub-group members will update the project status list,
include dates on which projects reached a certain status and
return the marked-up lists to Mr. Cabra by December 11, 1992.
New lists will be distributed one week before the next meeting.


Corps of Engineers

Mr. Chenoweth asked if anyone had any information concerning a
$300,000 appropriation to the Corps of Engineers for work in the
colonias as contained in the Omnibus Corps Water Bill.  EPA will
attempt to get information on the subject and report to the sub-
group at the next meeting.


Farmers Home Administration

Mr. Johnson and Mr. Valentin reported that proposed regulations
concerning the $25 Million for the colonias are expected in
December.  FmHA will provide the proposed regulations to the
subgroup as soon as they are available.


Meeting Schedule

The advisability of a regular meeting schedule was discussed.  It
was generally agreed that a regular meeting schedule is
preferable.  The sub-group members reached concensus that,
starting in January, the meetings will be held on the 2nd
Wednesday of the month from 10:00 am to 12:00 at locations to be
announced.

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 Outreach  -  Communications  Strategy

 The  sub-group  members  discussed  the  need  for  getting  the word out
 to colonias residents  and  public bodies concerning the
 availability and  sources of  financial  assistance.

 Mr ."Johnson agreed that publicity is neces.sary but cautioned  that
 expectations should not be raised until the programs  are ready to
 operate.  Mr.  Johnson  also suggested that publicizing the various
 colonias  assistance programs would be  a good  activity for the
 Rural Development Council.

 Ms.  Cedillo stated that the CDBG program usually holds public
 hearings  in February and March.   It  would be  very helpful to  know
 the  activities of the  other agencies during that time.

 The  sub-group generally agreed that  early February would be a
 good time to hold the  outreach seminars.

 Mr.   Thorburn will bring the idea  of  outreach  seminar(s)  to the
 Rural Development Council.   The RDC's reaction should be known bv
 the  end of November.

 The  communications strategy options will be discussed further at
 the  January meeting of the sub-group.
Next Meeting

The next meeting will be on January 13, 1993, at 10:00 am,
location is to be determined.
The

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            SUMMARY

TEXAS COLONIA SUB-GROUP MEETING
       JANUARY 13, 1993
     SAM HOUSTON BUILDING
        AUSTIN, TEXAS

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 The fifth Texas Colonia Sub-Group meeting was held on January 13, 1993
 in the 7th Floor Conference Room, Sam Houston Building, Austin, Texas.

 Attendees
 Oscar Cabra Jr.
 Terry_J.  Turner
 Michael W.  Meeham
 Scooter Brockette
 Wayne Thorburn
 David Juarez
 Tom Brown
 Andrea Abel
 Sally C.  Gutierrez
 Ruth Cedillo .
 Ray Moeller
 Richard L.  Lopez
 Yusuf E.  Farran
-  U.S. Environmental Protection Agency
   U.S. Environmental Protection Agency
-  Farmer's Home Administration - Comm. Pgms.
   FmHA - Rural Housing
-  Dept. of Housing and Urban Development
-  Texas Water Development Board
-  Texas Water Development Board
   Governor's Office
-  Texas Department of Health
   Texas Dept. of Housing and Community Affairs
-  Texas Water Development Board
-  Dept. of Housing and Urban Development
   International Boundary and Water Commission
   (IBWC)  - U.S. Section
 SUB-GROUP  PURPOSE

 The primary purpose  of  the  Texas  Colonias  Sub-Group  is  to  share,
 network  and expedite solutions  to the  lack of potable water  and
 wastewater treatment in the colonias as part of  the  implementation  of
 the Integrated  Border Environmental Plan.


 EPA Funding

 EPA awarded a $50 million grant to the Texas Water Development Board
 (TWDB) for assistance to the colonias on December 22, 1992.  The TWDB
 will provide funds to the colonias through the Colonias Wastewater
 Treatment  Assistance Program (CWTAP).


 RDA Funding

 The final  draft of the  regulations for administering the $25 million
 by the Rural Development Administration are in the Office of
 Management and Budget.
HUD Funding

Grant awards from the FY 92, funds will be announced in March.
Applications for FY 93 funds ($7.4 million) will be due in late August
1993.  Grant awards from the FY 93 funds are targeted for December
1993.  The FY 93 funds do not have the requirements for platting and
property assessments.

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Project List

The format and content of the consolidated project list was discussed.
The status columns will be revised to include Pre-Application,
Application, Planning and Construction phases.  The Funded column will
be deleted.  A Comments column for the type of project will be added.
The Amount column will contain the total assistance, not just the
agency share.  Where a named project contains more than one colonia,
they will be listed under the project.  Each agency should use the
report by the TWDB Planning Division entitled Water and Wastewater
Needs of Colonias in Texas as the primary reference.

Updates to the project list/status report, from TWDB, TDHCA and FmHA,
are due to Mr. Cabra by February 1.

TWDB (Tom Brown) will coordinate with FmHA and TDHCA to develop a map
locating the projects on the list.


Assistance Outreach Workshops

Planning for the assistance outreach workshops was discussed.  It will
be preferable that the RDA regulations be available before the
workshops are held.

The workshops will concentrate on the new funding availability for
water supply and wastewater treatment.  It was the general consensus
of the sub-group that the workshops should be specific and focused on
the water supply and wastewater subjects and that extending the
subject matter would reduce the effectiveness.  The following
locations were proposed: Brownsville, Rio Grande City, McAllen,
Laredo, Del Rio and El Paso.

Mr. Cabra will check on day of the week preferences in the local
areas.  It is expected that some of the meetings will be held in the
evenings and that Mondays will not be appropriate due to local
government meetings.  Mr. Cabra will provide a draft logistical plan
prior to the next sub-group meeting.


Corps of Engineers

In response to Mr. Chenoweth's question at the last meeting,  the
$300,000 appropriation to the Corps of Engineers contained in the
Omnibus Corps Water Bill is for construction cost estimates on IBWC
projects.  The Corps was also authorized $5 million to provide
assistance to colonias, however no funds were appropriated for the
purpose.

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 Next Meeting
Meetings will be held  on  the  2nd Wednesday of the month  from  10:00  am
to  12:00.  The next meeting will be on February  10,  1993, at  10:00  am.
in  Room 513F, Stephen  F.  Austin Building, 1700 N. Congress Avenue
(Texas Water Development  Board).


Action Items  -

Sub-group members are  requested to submit specific agenda items,
consistent with the purpose and objectives of the sub-group by
February 1.                                               c  J      .

Updates to the project list/status report, from TWDB, TDHCA and
FmHA/RDA, are due to Mr.  Cabra by February 1.

FmHA/RDA will provide copies of the new regulations as soon as they
are available.

Mr. Cabra will check with local officials on preferred days for the
workshops.

Mr. Cabra will provide a draft logistical plan for the workshops prior
to the next sub-group meeting.

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            SUMMARY




TEXAS COLONIA SUB-GROUP MEETING
       FEBRUARY 10,  1993

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                                   -1-
 The sixth Texas Colonia Sub-Group meeting was held on February 10,
 1993 in the 4th Floor Conference Room, Stephen F. Austin Building,
 Austin, Texas.
 Attendees

 Oscar Cabra Jr.
 Terry J.  Turner
 Paco Valentin

 Andrea Abel
 David Juarez
 Steve Walden
 Dalinda Moreno Newby
 Doug Holcomb
 Ruth Cedillo
 Fernando  R.  Escarcega
 Carol Limayo
 Terry Buchanan

 Sally C.  Gutierrez
 Neal Sox  Johnson
 Harold L.  Carter
 Kenton Kirkpatrick
 Alan Jones
 M. J.  (Mayo)  Pena
 Richard L. Lopez
-  U.S. Environmental Protection Agency
-  U.S. Environmental Protection Agency
-  Farmer's Home Administration/Rural
   Development Administration
-  Governor's Office
-  Texas Water Development Board
   Texas Water Commission
-  Texas Dept. of Housing and Community Affairs
-  Texas Water Commission
   Texas Dept. of Housing and Community Affairs
-  Texas Water Development Board
   Texas Water Commission
-  Texas Water Commission. Environmental
   Assessments Division
-  Texas Department of Health
   Farmer's Home Administration
-  Farmer's Home Administration - PSS
-  U.S. Environmental Protection Agency
   Texas Water Commission
-  Farmer's Home Administration
   Dept. of Housing and Urban Development
SUB-GROUP PURPOSE

The primary purpose of the Texas Colonias Sub-Group is to share,
network and expedite solutions to the lack of potable water and
wastewater treatment in the colonias as part of the implementation of
the Integrated Border Environmental Plan.
Assistance Outreach Workshops

Planning for the assistance outreach workshops was discussed.  The
objectives of the workshops will be: (1) Provide an overview of new
funding for colonias water and wastewater projects, and (2) Enable
prospective recipients of financial assistance for colonias water and
wastewater projects to receive specific information on how to obtain
the funds.

A contractor will be available (through H.U.D.) to assist in the
logistics for the workshops including:  printing of the brochures,
arranging for the local facilities, translation services,  etc.

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                                  -2-

After some discussion, considering the preferences of the local
leaders for evening meetings, and considering known conflicts with
other events, the group decided on the following schedule:
     April 8   -    El Paso  (evening)
     April 15  -    Eagle Pass (evening)
     April 22  -    Laredo (evening)
     April 29  -    Rio Grande City (afternoon)
     April 29  -    Harlingen (evening)

The content of the workshop brochures was discussed.  There will be a
handout containing a summary of each assistance program available to
local governments and non-profit entities and another handout
containing information on the various assistance programs available to
individual residents.  The information summaries will contain basic
information about the subject program and the contact names, addresses
and phone numbers for further application information.  The Sub-group
members will provide their material for the handouts to Mr. Cabra by
FAX (214-644-6490) not later than February 19.  Mr. Cabra will provide
the material to the contractor who will prepare drafts of the
brochures which Mr. Cabra will provide to the Sub-group for their
approval.

Mr. Cabra will provide a draft list of invitees to the Sub-group for
recommended additions or deletions.  It was suggested to add the
Agriculture Extension Service to the mailing list.

Mr. Cabra will provide a draft news release and Spanish language
radio/TV public service announcement to the Sub-group.

Each of the agencies participating in the workshop should limit the
presentation describing their program to not more than 20 minutes.  A
short time period will be allowed after each presentation for^
questions and then a longer  period will be provided for questions
after all of the presentations have been completed.  One-to-one
discussions after the main program will be encouraged.
Project List

The format  and  content  of the consolidated project list was discussed.
It is extremely important that the colonias are accurately reflected
in the list.  If a named project  contains several colonias, they
should be named under the project (i.e. Military Highway).
Updates to  the  project  list/status report are welcome at any time and
may consist of  a mark-up of  the list.  Please FAX any revisions to Mr.
Cabra at  (214)  655-6490.

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                                  -3-

 Interagencv Project Coordination       s

 Consistent with the objectives of the  Sub-group,  it was agreed that
 the staff of the Texas Water Development Board,  Farmer's Home
 Administration,  Rural Development Administration,  and the Texas
 Department of Housing and Community Affairs  would set up a meeting to
 discuss  coordinating project-by-project funding  activities in the
 colonias.   This coordination will provide more comprehensive  coverage
 and fit  the various programs to the water and wastewater needs in the
 colonias while reducing the  possibility of duplication of effort.


 Next Meeting

 Meetings will be held on the 2nd Wednesday of the  month from  10:00 am
 to  12:00 noon.   The next meeting will  be on  March  10,  1993, at a
 location to be determined.


 Action Items

 Sub-group  members are  requested  to  submit specific  agenda  items,
 consistent with  the purpose  and  objectives of the  sub-group by
 March 1.

 Sub-group  members (FmHA, RDA, TDHCA  and  TWDB) will  provide program
 descriptive material for the  outreach workshops to  Mr.  Cabra by
 February 19 and  updates to the consolidated project status list as
 they occur.

 Mr. Cabra will provide a draft list  of the workshop invitees to the
 Sub-group.

Mr. Cabra will provide draft copies  of the workshop brochures to the
 Sub-group.

Mr. Cabra will provide a draft of the news release and the public
service announcement on the workshop to the Sub-group.

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            SUMMARY
TEXAS COLONIA SUB-GROUP MEETING
        MARCH  10,  1993

-------

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 The seventh Texas Colonia Sub-Grbup meeting was held on March 10
 1993 in room 513F, Stephen F. Austin Building, Austin, Texas.

 Attendees
 Oscar Cabra Jr.
 Terry J.  Turner
 Shawna Roesch'
 Sally C.  Gutierrez
 Jorge Arroyo
 Carol Liroayo
 David Juarez
 Fernando  R.  Esc&rcega
 Dalinda Moreno  Newby

 J.  Gary Lightsey

 Lorraine  Clements
 Scooter Brockette
 Melvin G.  Wrenn
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
Texas Department of Health
Water Util. Div., Texas Water Commission
Water Util. Div., Texas Water Commission
Texas Water Development Board
Texas Water Development Board
Texas Dept. of Housing and Community
Affairs
Farmer's Home Administration/Rural
Development Administration
Rural Development Administration
Farmer's Home Administration
Texas Water Commission
 Sub-Group  Purpose

 The primary purpose  of the Texas Colonias Sub-Group  is to  share
 network and expedite solutions to the  lack of potable water and
 wastewater treatment in the colonias as part of the
 implementation of the Integrated Border Environmental Plan.


 Project List

 The most recent revision of the colonias status list was
 distributed.   The Sub-group members were requested to FAX any
 revisions, as they may become necessary, to Mr. Cabra at (214)
 655-6490.                                                    '
Financial Assistance Outreach Workshops

Final arrangements for the financial assistance outreach
workshops were discussed.  The workshop location/time list was
distributed and is enclosed with this summary.  The objectives of
the workshops will be: (1) Provide an overview of new funding for
colonias water and wastewater projects, and (2) Enable
prospective recipients of financial assistance for colonias water
and wastewater projects to receive specific information on how to
obtain the funds.

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Participating agencies are to advise Mr. Cabra, by March 17, who
will be speaking for their agency at each of the workshops.
Draft brochures and agenda will be distributed during the week of
March 15 with return comments due by March 19.

Public service announcements and press releases will be done by
the contractor (through H.U.D.).  The participating agencies
expressed no particular concerns in dealing with the media.


Interaaencv Prolect Coordination

Consistent with the objectives of the Sub-group, the staff of the
Texas Water Development Board, Farmer's Home Administration,
Rural Development Administration, and the Texas Department of
Housing and Community Affairs are discussing coordinating, on a
project-by-project basis, funding activities in the colonias.
This coordination will provide more comprehensive coverage and
fit the various programs to the water and wastewater needs in the
colonias while reducing the possibility of duplication of effort.
Technical Assistance Available to the Colonias

The sub-group agreed that it should determine what technical
assistance is available, and needed, and what the sub-group can
do to coordinate or improve it.

Specific areas of concern expressed include the immediate health
concerns of the people in the colonias and the technical
assistance that may be able to help alleviate some of the
problems like the use of unsanitary containers to carry water.
The prioritization of the technical needs so that help can be
given to areas where it can benefit the most is also a concern.
Consideration needs to be given to the costs of running the
facilities built so that areas do not build facilities that they
cannot afford to run and maintain.  In doing this the engineers
involved in colonias projects need to be worked with in
determining size of the projects because the fee paid to the
engineer is based upon cost of the project.

In relation to this issue the EPA will send to the members of the
sub-group a booklet that deals with wastewater treatment and
disposal for small communities.  It is a technology transfer
booklet that was prepared by the EPA.

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 Mr.  Cabra  indicated that it  appeared  that  the  sub-group  should
 pursue  technical  assistance  for the colonias in  water  areas  and
 that he will  suggest agenda  items  for the  next meeting based on
 the  previous  discussion including:

      -interim health issues
      -remote  colonias assistance
      -technology  issues (supplying regulating  agencies'  useful
           information)
      -kind of technical assistance in each agency  (to  avoid
           overlaps)

 Several examples  of existing efforts  to provide  technical
 assistance to the colonias were provided by the  attendees:

 TWDB can provide  technical assistance through  their Economically
 Distressed Areas  Program (EDAP).

 TDHCA indicated that there is a U.S.  Housing and Urban
 Development grant proposal for  technical assistance.

 TWC  responded that short-term funding (maybe until the end of  the
 fiscal  year)  through contractors may  be available to water supply
 corporations  and  water  districts.  This is currently tentative.

 FmHA has two  contracts  with  the Community Resource Group to
 assist  operation  of  facilities.

 TDK  has  some  engineers  in the Valley  that can  provide technical
 assistance, although they have  little time to  assist others.


 Report  on  Texas Colonias Sub-Group

 The  EPA will  prepare a  report on the  accomplishments of the Texas
 Colonias Sub-Group.   A  draft copy of  the report will be sent to
 sub-group  members  for comments, and final copies will be
 distributed.  Additionally the  report will address where the sub-
 group wants to go  following the accomplishments achieved in the
 area  of organization of  financial assistance available to the
 colonias.
Next Meeting

Due to the workshops, there will not be a Sub-group meeting in
April.  Meetings are normally held on the 2nd Wednesday of the
month from 10:00 am to 12:00 noon.  The next meeting will be on
May 12, 1993, in the 7th floor conference room of the Sam Houston
Building at 201 E. 14th Street in Austin, Texas.

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            SUMMARY
TEXAS COLONIA SUB-GROUP MEETING
         MAY 12,  1993

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 The eighth Texas Colonia Sub-Group meeting was held on May 12,
 1993 in the 7th floor conference room,  Sam Houston Building
 Austin, Texas.
 Attendees

 Oscar Cabra Jr.
 Terry J.  Turner
 Ignacio Madera,  Jr.
 Fernando  R.  Escarcega
 Ruth Cedillo

 J.  Gary Lightsey

 Doug Holcomb
 Sandra Martinez
 Andra Abel
 Sterling  Harris
 Will Ed Winters

 Lorraine  Clements
 Carol Limaye
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
Texas Water Development Board
Texas Water Development Board
Texas Dept. of Housing and Community
Affairs
Farmer's Home Administration/Rural
Development Administration
Texas Water Commission
Governor's Office
Governor's Office
General Land Office
Texas Water Development Board -
Engineering
Rural Development Administration
Water Util. Div.,  Texas Water Commission
 Sub-Group Purpose

 The primary purpose of the Texas Colonias Sub-Group is to share,
 network and expedite solutions to the lack of potable water and
 wastewater treatment in the colonias as part of the
 implementation of the Integrated Border Environmental Plan.
Financial Assistance Outreach Workshops

The financial assistance outreach workshops conducted during
April were discussed.   The workshops assisted local residents
and_local leaders in understanding the various programs that are
available to assist them.  Local issues consistently arose during
the workshops, particularly need for the local government to take
responsibility for applying for assistance on behalf of the
colonias and to enforce development regulations.  The Sub-group
needs to consider what incentives there are for local leaders to
apply for assistance to the colonias.  The Texas Attorney
General's Office will be invited to the next Sub-group meeting to
discuss the model development regulations and their enforcement.

Interrelated with the lack of impetus of local governments is the
issue of platting.  The residential lots in many colonias are not
platted and recorded.  The Texas Department of Housing and
Community Affairs (TDHCA) explained that financial assistance for
getting property_platted is available which is a key eligible
activity for political subdivisions applying for assistance.

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The workshops demonstrated how coordination between the State and
Federal agencies can be effective.  The workshops were well
received by local .leaders and citizens.  The workshops served to
clarify program requirements for obtaining assistance and to
contradict incorrect understandings at the local level.  In
summary/ the objectives of the workshops were met, i.e. to
provide an overview of new funding for colonias water and
wastewater projects and to enable prospective recipients of
financial assistance for colonias water and wastewater projects
to receive specific information on how to obtain the funds.


TDHCA/HUD Demonstration Projects

An overview of the concept of the two demonstration projects was
presented by the Texas Department of Housing and Community
Affairs  (TDHCA).  The concept involves two comprehensive projects
which will address first time water supply, wastewater, streets,
drainage, etc. in two colonias.  Funding will come from part of
the 10% CDBG allocation to the colonias and is expected to be $1
million per project.  The TDHCA expects to issue an application
guide in a few weeks.
The Sub-group discussed the possibility of working with TDHCA in
the demonstration projects.  This multi-agency participation
could, in-effect, leverage the available funding to address a
project in a more complete approach, i.e. TWDB - wastewater, FmHA
- drinking water and TDHCA - drainage, streets, etc.  The concept
was favorably received by the Sub-group and will be discussed in
more detail at future meetings.  TDHCA provided a draft
description of the demonstration project program and asked for
comments by May 21.
TWDB/EPA  Colonias Planning Activity

The Texas Water Development Board  (TWDB) described their regional
and rural planning  initiatives  funded by the Colonias Wastewater
Treatment Assistance  Program.

Funding is  being utilized for two  planning activities.  A
regional  wastewater planning for colonias and a wastewater
planning  assistance for  rural colonias.

      The  TWDB  Planning Division will develop preliminary
      wastewater facility plans  for border areas with the greatest
      concentration  of colonias, e.g., Cameron, Hidalgo, and El
      Paso Counties.  Emphasis will be placed on identifying and
      evaluating regional and sub-regional projects which address
      wastewater service  needs of two or more colonias.

      The  planning activity  for  the rural communities is geared to
      rural  or  remote  colonias that are not well-suited for

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     regional  or  local  systems.  Emphasis will be placed on
     identifying  appropriate small-scale wastewater treatment and
     disposal  technologies that are suitable for varying site-
     specific  conditions, e.g., population density, soils, etc.
     In addition, emphasis will also be placed on developing
     area-wide capabilities for the construction, operation, and
   _ maintenance  of small-scale decentralized wastewater
     facilities,  e.g.,  county-wide maintenance districts.

The TWDB can share the  results of these regional and rural
planning programs with  the other agencies for a coordinated
solution to the problems.


Interagency Proiect Coordination - Project List

The consolidated project list was distributed.  The list is
maintained for use by the Sub-group members and others as a tool
to provide information, on a project-by-project basis, of
drinking water and wastewater funding activities in the colonias
by all of the  agencies  involved.  This coordination will provide
comprehensive  coverage  and fit the various programs to the water
and wastewater needs in the colonias while reducing the
possibility of duplication of effort.   It is important that the
listing and status of projects be kept current for the maximum
benefit of the users.  The Sub-group members are requested to FAX
any revisions,  as they may become necessary,  to Mr.  Cabra at
(214)  655-6490.
Next Meeting

Meetings are normally held on the 2nd Wednesday of the month from
10:00 am to 12:00 noon.  The next meeting will be on June 9,
1993, in the 4th floor engineering conference room (Room 412B)  of
the Stephen F. Austin Building (Texas Water Development Board)  at
1700 N. Congress Avenue in Austin, Texas.

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            SUMMARY
TEXAS COLONIA SUB-GROUP MEETING
         JUNE 9, 1993

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 The ninth Texas Colonia Sub-Group meeting was held on June 9,
 1993,  in the 4th floor conference room,  Stephen F.  Austin
 Building,  Austin,  Texas.
 Attendees

 Oscar  Cabra  Jr.
 Terry  J. Turner
 Roy  L. Moeller
 Ignacio Madera,  Jr.
 Wynelle Leeth
 Gary Laneman
 Esther Chavez

 Andrea Abel
 Ronney W. Radle
 George Ellis
 J. Gary Lightsey
 Carol  Limaye
 David  Galvan
U.S. Environmental Protection Agency
U.S. Environmental Protection Agency
Texas Water Development Board, Eng. Div.
Texas Water Development Board, EDAP
State Auditor's Office
Texas Water Development Board, Planning Div.
Office of the Attorney General, Consumer
Protection Division
Governor's Office
Farmer's Home Administration
Farmer's Home Administration, State Dir.
Farmer's Home Admin./Rural Development Admin,
Texas Water Commission, Water Util. Div.
Texas Dept. of Housing and Community Affairs
COLONIA DEVELOPMENT REGULATIONS
The Sub-group welcomed Ms. Esther Chavez from the Office of
the Attorney General  (AG) of Texas, Consumer Protection Division.
Ms. Chavez discussed  the model rules for the regulation of subdivisions
and the AG's efforts  to enforce compliance with the rules.

By way of background, it was explained the subdivision model rules
provide local governments with the mechanism to require developers to
provide potable water and sewage services.  Until September 1989,
counties did not have the authority to require potable water and sewage
services in subdivisions.  All that was required was that the
subdivision be platted and recorded and have minimal roads and
drainage.

In 1989, the Texas legislature passed legislation that provided
authority to regulate subdivision development, specifically addressing
the potable water and sewage problem in the colonias created by
unscrupulous developers..  The legislation, commonly referred to as
"Senate Bill II", encompassed a two-pronged approach:  (A)  For "new"
colonias, (After September 1, 1989): (1)  It require developers to
provide potable water and sewage services; (2) authorized the TWDB to
promulgate "model subdivision rules"; and, (3) empowered counties to
enforce against non-compliant developers.  (B) For "existing" colonias
(prior_to September 1989):  (1)  the TWDB requests, as a requirement for
eligibility to an Economically Distressed Areas Program (EDAP)
grant/loan,  the county must adopt the model subdivision regulations;
and,  (2)  provides authority to enjoin and collect civil penalties.

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The Texas Attorney General's Office,' Consumer Protection Division has
placed greater emphasis and priority in the enforcement against non-
compliant developers.  Not only is the AG, Consumer Protection
Division, directly involved, but it is also emphasizing and encouraging
enforcement at the local level.  In discussing enforcement at the loca!]
level, the AG representative pointed out the various "avenues"
available to monitor or ascertain non-compliance with the applicable
regulations by the developers.  Some of the "avenues" were: (1) the
platting and deed recording process; (2) the permitting process for on-j
site sewage disposal;  (3) .the process for establishing an address; andj
(4) the electric utility service, since the electric utility cannot
provide service without an address.  It was also pointed out that
utilities cannot provide services to a lot that did not have utilities
prior to 1989.  Also,  if a county waives the requirement for a
developer to provide water and sewage, then the county becomes
responsible for providing the services.  As an aid to local
enforcement, the AG's  Office has conducted workshops to provide
training and assistance to local prosecutors.  There is another
proposed workshop to be hosted by the AG scheduled for October 7, 1993
Ms. Chavez requested the participation of the Sub-group to provide
financial assistance information.  The Sub-group agreed to participate]
at the AG workshop.

Ms. Chavez presented the different scenarios that arise when trying to I
litigate against alleged non-compliers for colonias that were developec]
prior to 1989.  The first scenario is where the colonia was developed
prior to 1989 and was  properly recorded and approved.  Under this
scenario, there is not much that can be done with regards to litigatind
the lack of potable water and sewage services.  The second scenario is]
where the colonia was  developed prior to 1989, not approved and legally
recorded, and the developer is not legally available.  Under this
scenario, litigation is highly improbable due to the absence of the
developer.  The third  scenario is where the colonia was developed
to 1989, not approved  and legally recorded, and the developer is
legally available.  Under this scenario, litigation can be pursued
against the developer  and seek mitigation for' the lack of potable wate^
and sewage services.

With regards to subdivisions established prior to September 1, 1989,
H.B. 2079 was passed by the Texas legislature this year relating to
enforcement of certain public health and safety laws.  In essence, the
Act:  (1) provides the AG authority to enforce local health and safety)
codes,  (2) directs the TWDB to amend the model rules to provide
criteria for potable water and sewage services for subdivisions that
were not platted or recorded prior to September 1, 1989; and,  (3)
provides injunctive relief and penalty authority for violations of
public health and safety codes.  This Act will become effective
September 1, 1993.

-------
Another non-compliance  issue which  is common among the colonias  is
multiple dwellings or partitioning  of the lot by the resident to
accommodate additional  family members.  While this is not a developer
non-compliance  issue, it  is a significant problem that primarily
impacts on-site sewage  disposal.  When an on-site sewage disposal is
locally approved, the approval is based on the size of the lot and the
expected flow.  The illegal extra dwellings or partitioning of the lot
creates additional flow and/reduced space, causing the system to fail.
The regulation  of construction of multiple dwellings or lot
partitioning is a local issue that  is difficult to enforce.  This
problem might be mitigated when planning and designing the sewage
disposal project.

A discussion was held with the regards to each Agency's stipulations
and conditions  placed on  their financial assistance grants and/or
loans.  The Texas Water Development Board, which administers both the
EDAP and EPA programs,  requires the adoption of the model rules  by the
county prior to approval  of the financial assistance.  In addition, the
EDAP and EPA funding is available only to colonias that existed  prior
to November 1989.  The  Farmers Home Administration (FmHA) stipulates in
their assistance requirements the recipients comply with all State
laws.  The representative from the  FmHA volunteered and agreed to meet
with the AG's Consumer  Protection Division to explore ways to
strengthen their stipulations and conditions to enhance compliance with
State laws.  This is another example of the Sub-group membership's
willingness to  cooperate with each  other in it's efforts to improve the
sanitation conditions in the colonias.

There was also  consensus by the Sub-group to invite the AG's Office to
participate in  the Sub-group.   Ms.  Chavez indicated their willingness
to become a member.

NEXT MEETING

Meetings are normally held on the 2nd Wednesday of the month from 10:00
am to 12:00 noon.   Due to schedule  conflicts,  there will be no meeting
in July.   The next meeting will be  on August 11,  1993.

The meeting will be held in the 4th floor engineering conference room
(Room 412B) of the Stephen F.  Austin Building (Texas Water Development
Board)  1700 N.  Congress Avenue in Austin,  Texas.

-------

-------
    APPENDIX B
ELIGIBILITY MATRIX

-------

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       APPENDIX C
CONSOLIDATED PROJECT LIST

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a  t-  i—  i—

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     APPENDIX D
WORKSHOP BROCHURES

-------

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 ง<
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 2
 
                                           •-ซ EVELOPMENT PROGRAM OFFICE
Or*
TEXAS DEPARTMENT
TEXAS COMMUNI1
Grant (CDBG)/Colonia Fund
1
Program Name:
Community Development Bl


Eligible .Applicants:
• Counties
mprovements to water supply and wastewater
, including all necessary engineering work.
ir planning and housing rehabilitation.
O o "5?
Eligible Funding Activities:
• Construction, acquisition,
collection and treatment w<
• These funds may also be use
:hin 150 miles of the Texas/Mexico Border and
c of an adequate sewer system or lack of safe and
ฃ J
Special Requirements:
ColOnias must be in counties
show a lack of potable water,


50
1
O


Application Funding Limits:
• For Projects: $500,000
• For Planning: $100,000


Total Funding Available:
$7.4 million


Deadline:
To be announced
en
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Contact:
Texas Community Developm
Ruth Cedillo
ODBC Program Director
512-475.-3882

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Special Reqii
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conomically Distressed Areas Program special require-
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512-475-206J




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Public entities such as:
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• Construct, enlarge,
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Application Limits:
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Program Name:
Economically Distressed Areas Program (EDAP


Eligible Applicants:
• Political subdivisions including:
- Cities


-Counties
- Water Districts
• Not-for-Profit Water Supply Corporations
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Eligible Funding Activities:
Combination Loan/Grant for areas within the
Cameron, Coryell, Dimmitt, Duval, El Paso,
Davis, Jim Hogg, Jim Wells, Kinney, LaSalli
Reeves, Sabine, Starr, Terrell, Val Verde, Webl
• Construction, acquisition, or improvements t
collection and treatment works, including all i
• The program will not fund on-going operatior
(visions and prepare an
for financial assistance.
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Special Requirements:
County must adopt model rules for the regulatic
on-site sewage system feasibility map prior to ap
ity Plan: one-half of the
id contributions. 100%
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Applicant must fund at least 25 % of the costs of
applicant's share must be cash and one-half can
funding may be considered for hardship cases.
erence for construction
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Upon completion of facility plan, a pre-applica
financial assistance will be held with Board stafl
irtment of Health that a
ts resulting from water
if the "amount of grant
financial assistance re-
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The applicant must provide a finding from the Ti
nuisance dangerous to the public health and si
supply and sanitation problems in the area to 1
financial assistance required exceeds 50% of t
quested.


Total Funding Available:
$250,000,000


Contact:
Texas Water Development Board Office
Economically Distressed Areas Program
512-475-2068

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Program Name:
Colonia Wastewater Treatment Assistance Prog


Eligible Applicants:

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Where to Apply:
County offices of the Far







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Chief, Housing Program







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