Misplaced buoy barrier sparks diplomatic tensions

Austin – A recent joint survey carried out by the U.S. and Mexican International Boundary and Water Commissions (IBWC) has revealed a significant misstep in the construction of the controversial floating marine buoy barrier along the Rio Grande River at Eagle Pass, Dallas Metro News reported.

Erected under the direction of Texas Governor Greg Abbott, the survey discovered that only 208 feet of the 995-foot barrier falls within U.S. jurisdiction, with the remaining 787 feet improperly situated within Mexican territory.

In response to the findings, Governor Abbott commissioned a private contractor to relocate and adjust the floating barrier so that it adheres to the proper boundary line. Despite this effort, the initial placement of the barrier on the wrong side of the international boundary has created unforeseen financial and political consequences. Texas taxpayers have already shouldered the cost of at least one million dollars for the buoys, as well as additional significant expenses for their transportation, construction, and subsequent realignment within U.S. territory.

This situation has also prompted diplomatic tensions between Mexico and the United States. On August 10, 2023, Mexico's Secretary of Foreign Relations, Alicia Barcena, filed a formal complaint with U.S. Secretary of State Anthony Blinken in a meeting held in Washington, D.C. Secretary Barcena urged Governor Abbott and the State of Texas to swiftly remove the buoy barrier from Mexican territory and the Rio Grande River.

The U.S. Department of Justice (DOJ) has initiated legal action against Governor Abbott and the State of Texas regarding the floating buoy barrier. The lawsuit, filed in the U.S. District Court for the Western District of Texas, Austin Division, seeks the removal of the barrier from the Rio Grande and an injunction against the construction of any future buoy barriers on the river. The hearing for the DOJ's preliminary injunction request is scheduled for August 22, 2023, at 9 a.m. in the federal courthouse in Austin.

In a recent court document submitted on August 18, 2023, the DOJ reported that the defendants, Governor Abbott and the State of Texas, have taken further action to adjust the barrier's position within the Rio Grande, moving it closer to the U.S. riverbank.

In a Declaration included in the recent court filing, Engineer Evelio Siller of the United States International Boundary and Water Commission reported that he had received notifications of ongoing construction activities at the site of the Floating Buoy Barrier. When he personally inspected the site on August 18, 2023, Engineer Siller witnessed excavators and workers actively operating in the Rio Grande River and observed the repositioning of a concrete anchor on the U.S.-side of the river.

Notably, neither Governor Abbott nor the State of Texas informed the U.S. Department of Justice, the International Water Boundary Commission, or the U.S. District Court of their plans to undertake additional work to address the error of placing the floating buoys in Mexican territory. When questioned by the DOJ about the ongoing in-water construction activities at the site, the defendants, Governor Abbott and the State of Texas, acknowledged that they were realigning the floating buoy barrier to the U.S.-side of the Rio Grande River.

In the court filing, the U.S. Department of Justice argued, "Texas' unauthorized resumption of construction activities in the Rio Grande highlights the need for this Court to grant the United States’ Opposed Motion for Preliminary Injunction. The United States is adversely affected not only by Texas' ongoing and blatant violations of Section 10 of the Rivers and Harbors Act, but also by the continuing negative impacts of these violations on U.S.-Mexico relations and other critical federal interests."

Despite these assertions, Governor Abbott and the State of Texas continue to contend that they have the authority to construct the floating buoy barrier in the Rio Grande River.

The U.S. District Court is scheduled to hear the Department of Justice’s Motion for a Preliminary Injunction against Governor Abbott and the State of Texas on Tuesday, August 22, 2023, at 9 a.m. in Austin, Texas.

Credit: Dallas Metro News, CNN