Ruled illegal, Mason County dam still stands

MASON COUNTY (KXAN) — The James River in Mason County is showing signs of life after winter rainfall, but a dam the Texas Parks and Wildlife Department and the U.S. Army Corps of Engineers found to be constructed illegally still stands.

KXAN received new aerial photos of the dam Bill Neusch constructed without a permit along the James River, preventing water from refilling the Highland Lakes. KXAN first reported on the dam in October.

Neusch's attorney, Jim Bryer, responded to KXAN's request for an update on the dam's removal, saying, "We are actively complying with what Texas Parks and Wildlife has requested from us at this time. No further comment."

Neighbors in Mason County said they were frustrated with what they said was a slow removal process and a lack of transparency.

"What's taking so long?" Susan Keeling, who lives downstream from the dam, asked. "What is taking so long?"

"It's got to come down," Jimmy Keeling, Susan's husband, said.

"This river runs into the Llano River, which supplies drinking water for the town of Llano, and ultimately Austin," Mason County resident Kathy Zesch-Bradley said. "So people better be paying attention."

After the Texas Parks and Wildlife Department (TPWD) issued Neusch a notice of violation in September, Neusch was required to submit a written plan to remove the dam.

TPWD declined KXAN's request to see those plans in January, saying the information was confidential and/or excerpted under the Texas Public Information Act.

In an e-mail to KXAN this week, TPWD said Neusch submitted a plan to remove the dam in December, which was then returned with comments.

Two months later, one day before TPWD's deadline for revisions, Neusch requested a 60-day extension. Neusch now has until March 11 to submit the revised plan to remove the dam.

Two other organizations are also involved in investigating the dam.

The Texas Commission on Environmental Quality said its investigation was ongoing after an in-person dam inspection in August. The U.S. Army Corps of Engineers, who found the dam to be illegal in 2023 and issued Neusch a cease and desist letter, did not return KXAN's request for comment.

Photojournalist Todd Bynum contributed to this report.