Rollover Pass

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Rollover Pass (also called Rollover Fish Pass) is a man-made strait that cuts through private property on the Bolivar Peninsula and links the Gulf of Mexico with Rollover Bay and East Bay on the upper Texas coast in eastern Galveston County (29°30′N 94°30′W / 29.500°N 94.500°W / 29.500; -94.500). Located on property owned by the Gulf Coast Rod, Reel and Gun Club and managed by the Gilchrist Community Association, the Pass was opened in 1955 by the Texas Game and Fish Commission when they were granted an easement by the property owners. The intent was to increase bay water salinity, promote growth of submerged vegetation, and help marine fish to and from spawning and feeding areas in the bay.[1]

Rollover Pass earned its name from the practice of smugglers who, from the days of Spanish rule through prohibition, avoided the Galveston customs station by rolling barrels of import or export merchandise (i.e., whiskey and rum) over the narrowest part of the peninsula.[2]

Rollover Pass is a popular location for fishing and birding.[3] Visitors come from all over the U.S. to camp, fish, and enjoy family recreation activities.

On the morning of September 13, 2008 Hurricane Ike came ashore near Galveston, Texas. The storm surge associated with Hurricane Ike devastated the adjoining coastal communities of Gilchrist (northeast from Rollover Pass) and Caplen (southwest from Rollover Pass) along with most of the Bolivar Peninsula.

As of 2014, homes and businesses have been rebuilt in the area, new residents are settling in, and visitors once again are able to travel through that section of Highway 87. The Rollover Pass bridge has two lanes open instead of the original three. But Texas Historical Marker Number 7166 has yet to be replaced at the Pass.

Lawsuit[edit]

UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF TEXAS, GALVESTON DIVISION

CIVIL ACTION NO. 3:13-CV-00126

On April 19, 2013, the Gulf Coast Rod, Reel and Gun Club, Inc. and the Gilchrist Community Association filed a lawsuit in the U.S. District Court, Southern District of Texas, Galveston Division, against Jerry Patterson, Commissioner; the Texas General Land Office; the U.S. Army Corps of Engineers; Col. Christopher W. Sallese, District Engineer, Galveston District, U.S. Army Corps of Engineers; Lt. Gen. Thomas P. Bostick, Commander and Chief of Engineers, U.S. Army Corps of Engineers; and John M. McHugh, Secretary of the Army.[4]

The lawsuit was amended on January 13, 2014 to include additional assertions not discovered until after the original had been filed.[5]

The private property owners, Gulf Coast Rod, Reel and Gun Club, and the GCA which manages the Pass property, have filed this suit to protect the Pass from being filled in with dirt and closed completely, thereby devastating an already storm-ravaged area and causing extreme hardship to the businesses who rely on tourism, and homeowners trying to rebuild after Hurricane Ike. A petition with 2,868 signatures has many comments which demonstrate the commitment of the signers to keep the Pass open.[6][7]

Some of the concerns of both sides are: private property rights; the best fishing location for handicapped persons on the Texas coast; government coercion; beach erosion; siltation of the Gulf Intracoastal Waterway; freshwater diversion; and economic effects.[8]

Issues listed in the original lawsuit included: the GLO has no ownership rights to the property; false representation of data to obtain a federal U.S. Army Corps of Engineers permit to close the Pass; violations of the U.S. Constitution; violations of Environmental Policy, Clean Water and Rehabilitation Act requirements; failure by the USACE to analyze impacts of actions by those closing the Pass; failure to perform analyses of alternatives in the best interest of the public and socioeconomic impact; Rehabilitation Act discrimination against mobility impaired persons by not providing any alternate accessible place; discrimination against disabled persons in violation of the Americans with Disabilities Act; failure to consider and incorporate changes from Texas' recent judicial decision regarding public vs. private beaches;[9] failure to address alternate structures such as jetties or groins to control sediment; and declaratory relief or injunction to prevent closure of Rollover Pass by the GLO.[10]

An additional study by Lawrence Dunbar, Professional Engineer, has highlighted severe discrepancies in the money calculations by the GLO and their consultant Taylor Engineering for dredging the Intracoastal Waterway.[11]

References[edit]

  1. ^ Bolivar! Gulf Coast peninsula: features and facts, history, photographs, maps. Crystal Beach, TX: Peninsula Press of Texas. 1985. ISBN 0-9614885-0-6. 
  2. ^ Rollover Pass Handbook of Texas Online
  3. ^ Ted Lee, Jr Eubanks; Robert A. Behrstock; Seth Davidson (2008). Finding Birds On The Great Texas Coastal Birding Trail: Houston, Galveston, and the Upper Texas Coast (Texas A&M Nature Guides). College Station: Texas A&M University Press. ISBN 1-58544-534-7. 
  4. ^ Rollover Pass Litigation, Guidry New Service, http://www.guidrynews.com/story.aspx?id=1000051471; April 19, 2013
  5. ^ Guidry News Service, http://www.guidrynews.com/14February/03414Complaint.pdf
  6. ^ http://www.change.org/petitions/galveston-county-judge-and-commissioners-do-not-take-eminent-domain-action-against-rollover-pass?utm_campaign=petition_created&utm_medium=email&utm_source=guides
  7. ^ <http://www.rolloverpasstexas.com/#!
  8. ^ Wayne Stupka and Ted Vega, "Keep Rollover Pass Open" Crystal Beach Local News http://www.crystalbeachlocalnews.com/?p=19250
  9. ^ Severance vs. Patterson, Cause No. 09-0387
  10. ^ Ted Vega and Wayne Stupka, "Rollover Pass Litigation," Crystal Beach Local News, http://www.crystalbeachlocalnews.com/?p=20851, April 19, 2013
  11. ^ "Rollover Pass Dredging Study," Guidry News http://guidrynews.com/story.aspx?id=1000058429

External links[edit]