Abbott faces lawsuit over using buoys in Rio Grande to mitigate border crossings

Abbott faces lawsuit over using buoys along Rio Grande to mitigate border crossings

FORT WORTH (CBSNewsTexas.com) – Governor Greg Abbott's plan to use large orange buoys as a floating barrier in the Rio Grande to help deter illegal immigration at Texas' southern border is moving forward despite opposition.

On Monday, a spokesperson for Texas DPS confirmed the plan has not been halted and the first 1,000 feet of the floating barrier made of 4-foot-wide spheres is set to be installed in the water near Eagle Pass within a week.

While the governor's plan is moving forward, one man is trying to stop it by filing a lawsuit this past Friday.

Jesse F. Fuentes is the owner and operator of Epi's Canoe and Kayak Team. 

Fuentes says they operate river tours and adventures on canoes and kayaks in the same river where the buoys will be installed. He says the floating barrier will dramatically affect his business and it will destroy the natural ecosystem of the river.

"The river can't speak for itself," said Fuentes. "So, I am speaking for the river, and our area, and our culture, and or history, and our … people."

Fuentes said he filed the lawsuit because the governor's plan threatens his livelihood and the well-being of the river.

"I hope my lawsuit extends the message that we need to be together in how we promote for our state, for our communities, for our rural area. How to prosper," said Fuentes. "There should be no hindrance."

Fuentes said he thinks the floating barrier which will be used in addition to the miles of razor wire already installed is unnecessary.

"It really hurts to see that our particular area, our particular river is the staging point for something that is unheard of, untested," Fuentes said.

Texas DPS said out-of-state troopers from Florida continue to be in Texas aiding with their border enforcement operations including marine patrol.

According to DPS the cost of the first 1,000 feet of the floating barrier made of buoys should cost less than $1 million.

A spokesperson for the U.S. International Water and Boundary Commission who has jurisdiction over the Rio Grande where it serves as a border with Mexico says they didn't know of the Governor's plan ahead of time.

In a statement, the IWBC said:

"This announcement by the governor caught us by surprise. Our door is always open to discussions with Texas and we have recently shared information with them about our permitting process and federal law. We are studying what Texas is publicly proposing to determine whether and how this impacts our mission to carry out treaties between the US and Mexico regarding border delineation, flood control, and water distribution, which includes the Rio Grande."

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