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| "The Dairyman's Number One Choice in Newspapers" | |||
| Serving Texas, New Mexico, Oklahoma, Arizona & Kansas | |||
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| "The Dairyman's Number One Choice in Newspapers" | |||
| Serving Texas, New Mexico, Oklahoma, Arizona & Kansas | |||
| VOLUME XIII, NO. 11 |
NOVEMBER 2004 |
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Dairies get financial help for defense in lawsuits |
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| Dairies get financial help for defense in lawsuits | |
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While attorneys scramble to meet discovery deadlines in the Waco vs. Bosque River watershed dairy lawsuits, financial assistance for the dairies has finally become activated by the local Dairyman's Legal Defense Fund and by the Greater Southwest Milk Marketing Agency through the assistance of the Texas Association of Dairymen (TAD).
Attorneys for both Waco and Bosque River watershed dairies have been diligently collecting information to submit in their requests for discovery and public disclosure of persons who are named in the suit. The discovery period is standard procedure for both sides so that each party's attorneys can review the other party's disclosures before the trial date, tentatively scheduled for May or June 2005. Paul Lansford of Cheatham and Lansford CPA firm, said the funds collected locally for the dairies defense against Waco will be distributed among the 14 dairies within the next few weeks. The CPA firm maintains the Dairyman's Legal Defense Fund of which the total is currently $97,321.26. Several individuals from across the state, out of state, dairy producers, businesses, and many others contributed to the fund. Additionally, numerous local businesses held individual fundraisers to support the dairies. John Cowan, executive director of TAD said the organization, on behalf of the Greater Southwest Milk Marketing Agency, recently offered to each of the dairies in the lawsuit, financial means for sharing and helping with their legal costs. "TAD has already paid some of the legal bills incurred by the dairies. Because of the ongoing litigation, we are unable to disclose the details of this assistance, such as the name of the dairy or the amount of money paid," he said. Cowan explained that from the onset of the Waco lawsuits, the TAD board recognized the threat as being one that would not only affect the dairies named in the suit, but as a serious threat to the dairy industry as a whole, meaning across the state and potentially across the nation. Realizing the overall ramifications of what the serious lawsuits could bring, the dairy cooperatives in the southwest put together a plan for financial support that would help the dairies defend their livelihoods. Following several meetings and discussions, the Greater Southwest Milk Marketing Agency board of directors approved financial support for the dairies along with TAD's role to supervise and manage the financial assistance. The financial support through the agency and TAD will basically help the dairies offset some of the costs incurred for the joint and common causes of actions listed in the lawsuits, such as CERCLA. For instance, Waco is suing each of the dairies in the suit for violation of the Comprehensive Environmental Release and Compensation Liability Act (CERCLA), which is considered a common cause. Cowan explained that CERCLA was put into law by the Environmental Protection Agency (EPA) in the 1970s to regulate industrial companies for storage and handling of hazardous substances such as gasoline, poisons, etc. "It was never the intent of Congress to regulate the normal husbandry farming operations under CERCLA," he said. "TAD will support this defense because it is a common cause." |
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| Friesland native and “country girl” make nice combo | |
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Trying to corral Willem and Brenda Osinga long enough to sit down and talk with them is a challenge within itself. But, if you’re lucky enough to make them stand still for a few minutes, you’ll find that these two industrious people are very much “in-to” their busy yet comfortable dairy life. Willem, a quiet and laid-back type, is a native of Friesland in the Netherlands, where he grew up on his family’s dairy farm. Brenda, effervescent and lively, is a born and bred Erath County “country girl at heart” who said she never dreamed she’d be married to a “foreigner.” No matter the differences, together the couple, who married in 1995, make a fine combination and complement one another in many ways. Working 24-7 to keep things going, the Osingas devote nearly every waking minute to the dairy. “Sometimes I think, ‘what are we doing?’ This is too much work to keep up and we’re too busy. But, then when the cows are all fed and milked and we’re sitting on our back porch, I realize how much we love this place out here,” Brenda said. The Osingas milk 340 cows, 3X per day, on a dairy near Stephenville they’ve leased from former dairyman James Huckabee for the past nine years. The dairy is permitted for 600 milking cows and has 900 acres listed in the permit. They admit that operating a dairy has presented some trying times in the past few years but they’ve learned from their experiences. Last year, Willem said they lost a lot of money in milk futures from forward contracting. “When the price of milk went up, we were locked into our contract and we took a big loss. We got out of the contract in May but we’re still trying to catch up from that.” Another lesson well-learned was when one of their employees had a freak accident. “His neck got broken from a bull that trapped him in a pen. It scared us so bad, we went over to A.I. breeding after that. We don’t want any more bulls around,” Willem said. In spite of a few setbacks, the Osingas are a dedicated team who chose to dairy rather than do something else. Brenda, who cut and styled hair for 24 years, quit four years ago to help Wilhelm on the dairy. “I can do anything,” she said enthusiastically. ”I can cut hair, hang wallpaper, do catering, decorate, pick up trash, whatever. But, Willem? This dairy is his life and he absolutely loves it. He doesn’t want to do anything else but this.” Hiding behind a rather shy, boyish grin, Willem laughed and said, “I didn’t graduate from college with an education in agriculture to pick up trash. I had to do that one time when I worked for a co-op. It was okay then but not something I wanted to do for very long.” He explained that when he finished school, he went to work for a cooperative where employees were assigned various jobs, much like a temporary employment service. Since he had a dairy background, he was often called to oversee a dairyman’s operation for one reason or another. “It worked out well for awhile, but when the dairies began to decrease in size, the cooperative had to take on other jobs, like mowing grass, picking up trash, and that’s when I quit.” Since his early days in the Netherlands, Willem’s ultimate dream was to operate a dairy of his own. To gain more experience and education, he enrolled in the International Agricultural Exchange Association (IAEA), a program that took him to Australia, where he worked on a family dairy. “Certain countries belong to this organization (IAEA) and they provide a host family. It’s pretty expensive but it’s very educational. You learn the culture and habits of other countries and it’s a real good work experience.” Willem mentioned that several dairymen from Holland have been through the IAEA program. Willem visited the United States every chance he could. “I came here 7 or 8 times to visit with friends or my brother, Bert, who had a dairy in Weatherford,” Willem said. In 1992, he moved to Bert’s dairy and worked there for a few years. He liked Texas and found the opportunities unrivaled by anywhere else. He later leased a dairy in Comanche and dairyed there for three years before settling down at the Huckabee place. Although the Osingas share certain responsibilities, each has their own niche. While Willem oversees the main dairy operation. Brenda spends her time feeding and raising baby calves, doing the dairy bookwork, and running around all over the place shopping for dairy supplies. “I don’t do my shopping at Dillard’s in Fort Worth. I do my shopping at Walco, the vet supply, or wherever I have to go.” Brenda describes herself as a workaholic---just like her father “Jakie” Laughlin and brother Kenny. “But, Willem’s a workaholic, too, and that, along with his good looks, accent, and intelligence is what attracted me to him.” Brenda grew up in Morgan Mill and attended Stephenville High School where she enrolled in cosmetology courses. “I never thought I’d ever cut hair. But, then, I never thought I’d be on a dairy, either.” However, animals, especially Holsteins, have always been a big part of her life. “My dad used to raise them. He said he never wanted to own a dairy but wanted to raise Holsteins for the dairymen to buy.” As a youngster, Brenda was also very involved in 4-H and FFA. “My life now is raising these baby calves” she said happily. “I’ve only lost two in the past year that were born alive. I’m going to make them all live, if I can.” She said she and Willem feel the same way about their dairy cows. “Our cows and our animals are our family. We love our cows and we want happy cows. Willem treats them wonderful and takes such good care of them.” In addition to the dairy herd and calves, the Osinga’s family dogs, Puckie, Mattie, and Rexie, and their two pet prairie dogs, Cheerio and Turbo, all are top priority. Looking out at the peaceful, rolling countryside that surrounds the dairy, they’ve thought seriously about buying it. But they’re waiting for the right time. Presently, they are too concerned about the Waco situation. “Even though we’re on the Paluxy-Brazos watershed, that doesn’t mean we’re not worried. We’re concerned for the dairies in the lawsuit and what can happen to all of us,” they said. Although there’s little time for entertainment, Brenda said they recently hooked up to satellite that brings them Dutch television. “It’s just like you’re in Holland and Willem loves watching it.” Brenda said they visit with her family and some of their Dutch friends on occasion but most of the time they’re at home…at the dairy…with the animals. |
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| Plans for TSU dairy takes on new environmental approach | |
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If what leaders at Tarleton State University (TSU) have in mind for a new $8 million dairy complex comes to light, it will be one of the biggest and most accomplished additions in years to the Texas A&M University System in Stephenville as well as a major benefit to area dairies. The plans for a modern, state-of-the-art dairy facility in Stephenville has been talked about for the past several years. But, with dairies moving out of the area to other places and the controversy that has surrounded Bosque River watershed dairies and the City of Waco, the idea has simmered on the back burner with little hope of moving forward. until recently. This newest attempt, focused primarily on environmental research and public imagery, provides a somewhat different approach from previous efforts. Dr. Don Cawthon, Dean of the College of Agriculture and Human Sciences at TSU said animal science professors and researchers feel the venture is a positive and proactive step toward improving dairy industry relations with the public while providing a valuable learning and significant research institution for students. For the last three years, Cawthon said TSU has been assembling "Ph. D-level" faculty whose interests revolve around watershed problems. "Soil scientists, forage specialists, economists, entomologists, animal scientists, and others are putting forth a concentrated effort to study phosphorus and other dairy related problems. Should the new dairy complex become a reality, the faculty is ready and in place," he said. Cawthon and the initial dairy project team consisting of TSU faculty and industry advisors developed the plan for the dairy facility. Cawthon and his faculty colleagues has met with Waco City Manager Larry Groth and his assistant, Wiley Stem, to discuss the complex. Although the City of Waco filed lawsuits last spring against 14 Bosque River dairies alleging runoff from the dairies is ruining their drinking water supply that comes from Lake Waco, Cawthon said one of the main purposes for the dairy complex is to emphasize that through research and modern technology, the industry and the environment can work together successfully. He is pleased to announce that the Waco City Council has signed a resolution that approves the complex which he and others feel is very encouraging toward pursuing it further. Cawthon said the project team is additionally encouraged after talking unofficially with the Texas Commission on Environmental Quality (TCEQ) regarding consideration for a wastewater operating permit. "Everything so far has been very positive," he said. Since A&M at College Station elected to close their dairy a few years ago, Cawthon said TSU is the logical place for the complex to be located due to several reasons. "We're the only institution in the A&M system that's in a position to pursue a new, state-of-the-art dairy facility. We have strong administrative support and we're sitting at the headwaters of the Bosque River watershed which is the subject of all the current controversy." TSU President Dr. Dennis McCabe said he supports the dairy facility for TSU as long as it's "part of the solution and not part of the problem," Cawthon said. McCabe has included the $8 million project for tuition revenue bonds in an appropriations request that will go before the state legislature this spring. The dairy facility, to be designated "The Texas A&M University System Dairy," will have four basic missions including an animal science and environmental teaching facility, research that will focus on milk production, economics, and environment; an extension outreach program for the dairy industry and continuing education; and a public outreach program. "We hope to advance our dairy science program and recruit students from many areas in Texas and the United States. We also have an open door policy that will encourage the public to come learn about the dairy industry. We want the community to become involved and see what we're doing. We hope to provide chartered tours, weaning rooms, picnic areas, a bottled feeding zoo and other points of interest for children. We want the public to enjoy this and there's nothing we'd like to see any better than for yellow school buses to be lined up waiting to visit the complex," Cawthon said. The dairy will milk 300 cows, a minimum for conducting applied research. Overall funding for the facility will be obtained from the state and federal government and industry sources. While the government will fund research and extension, funding for advertising and imagery will have to be obtained from agribusinesses, industry suppliers, and individual producers and dairy organizations. "We hope to get funding from dairy-related businesses and organizations that can combine forces to help cover some of the costs." The location of the new complex depends on funding, Cawthon said. "If there's significant funding for public perception and outreach programs , the complex will be built where it's easily accessible to the public, perhaps on property already owned by Texas A&M University on Hwy. 281, across from the experiment station. If it's a teaching and research facility only, it can be located anywhere within reasonable proximity to the TSU campus." Cawthon added the dairy facility will hopefully open the door for new dairy growth in the area. |
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| New monitors warn of pollution events | |
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State and industry officials will be able to rapidly respond to pollution events in the Leon and Bosque River watersheds with the recent unveiling of a new warning system. The device is part of a new pilot project developed by the Texas Commission on Environmental Quality (TCEQ) that represents a major technological advancement in water quality monitoring in the Waco area. The Environmental Monitoring and Response System (EMRS) consists of four state of the art streamside monitors at four locations: The North Bosque River near Clifton, Green Creek near Clariette, Resley Creek near Dublin and the Leon River near Gatesville. Every six hours the monitors will analyze water samples and monitor certain nutrient levels, including reactive phosphate, nitrate and ammonia of which the data will be sent to computers. If nutrient levels exceed specific parameters, notifications will be sent to interested parties upstream and downstream of the monitors and to the TCEQ. This will allow for the TCEQ, potential contributors, and potentially impacted parties to react to this information in a timely manner. The cost for the four monitoring systems is $320,000 with ongoing operational costs at $12,000 Some of the nutrient contaminants in the river, commonly associated with dairy farms, has been the basis of an ongoing battle between the City of Waco and Bosque River watershed dairies in the past several years and is currently embroiled in a lawsuit between the two parties. TCEQ Commissioner Larry Soward said the project illustrates the future direction of the TCEQ, focusing on proactive, direct responses to pollution events that affect the citizens and the environment of Texas. At a press conference held in Clifton in October, Perry and TCEQ officials demonstrated the new pilot system. “This initiative is a major step forward in the battle to reduce pollution, clean our water and ensure the health and safety of our citizens,” Perry said. “It will help government and the private sector work together and use the latest scientific advancements to protect our water quality not only in the Leon-Bosque watershed, but eventually in other areas of Texas as well. “This system will allow TCEQ inspectors to quickly begin searching for the source of the problem, and take appropriate actions to protect the water supply,” Perry said. “It will giver our dairy farmers, municipalities and industrial producers the ability to take proactive steps to ensure that they contribute to protecting our sources of water, which is a responsibility I know they take very seriously.” Perry said this project follows a similar environmental early warning system implemented earlier this year in Houston to monitor air contaminants that rapidly trigger the formation of ozone. With early detection, local officials and industry leaders are able to take corrective action before air pollution incidents rise to the level of public danger. |
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| Registering your well may improve your property value | |
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Residents of Erath and Comanche counties have a limited time to take action that may dramatically increase the long-term value of their property. Under the rules of the Middle Trinity Groundwater Conservation District (MTGCD), landowners have until May 10, 2005 to register their existing wells. When registered, wells that existed prior to May 11, 2004 are considered to be grandfathered. A grandfathered well is not subject to certain rules that apply to wells drilled after May 11, 2004. The historical production level of grandfathered wells is protected by the MTGCD rules. The potential for increased property value will occur when new wells are no longer allowed, because demand on the aquifer exceeds the amount of aquifer recharge, and production limits are placed on non-grandfathered wells. The MTGCD staff is ready to assist you with well registration. The District has two office locations to serve you; In Erath County at 150 N. Harbin Drive, Suite 434, and in Comanche County at 119 W. Grand. Both offices are open from 8:00 AM to 5:00 PM, Monday through Friday. Additionally, the well registration forms are available at the MTGCD website at www.middletrinitygcd.org |
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