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New Braunfels Herald Zeitung (Newspaper) - June 1, 2001, New Braunfels, Texas ■EST AVAILABLE COPTNew Braunfels FRIDAY June I, 2001 ZZ pages in 2 sections ■VHP* MHM    -ppH_|    22    pages    in    2    seen*Herald-Zeitung E      —__ Vol. 150, No. 173 Serving New Braunfels and Comal County since 1852 50 cents County, •NBU back lake permit By Ron Maloney Staff Writer The rainbow trout went zero for two in Comal County on Thursday. Comal County and New Braunfels Utilities went on record saying that when it comes to water, people are more important than trout stocked for sport fishing. County commissioners unanimously passed a resolution at court Thursday calling on the Texas Natural Resource Conservation Commission to oppose a contested hearing request by Guadalupe River Trout Unlimited. And Thursday afternoon, New Braunfels Utilities unanimously passed a resolution supporting the Guadalupe-Bianco River Authority in its efforts to increase the firm yield of Canyon Lake. If granted a permit amendment, GBRA could take an additional 40,000 acre-feet annually from Canyon Lake for a total of 90,000 acre-feet. GBRA says it can draw the extra water with little effect on the lake by impounding water from unexercised hydroelectric rights. An acre-foot of water is 325,851 gallons of water. It is the amount of water it would take to cover an acre of land with water one foot deep. GRTU wants six acre-feet — enough to support 30 people for a year — to be dedicated to the support of each trout stocked into the Guadalupe River. GRTU wants summer water flows of at least 200 cubic feet per second. A group of Canyon Lake residents and businesses also is fighting the permit amendment. TNRCC has set a June 20 meeting to decide whether to See LAKE/5AFlow ridersBodyboarders competition continues today McVeigh seeking delay of execution MCVEIGH KYLE BAKER/Herald-Zeitung Daniel Lewis rides the Boogie Bahn Thursday during Schlitterbahn’s Amateur Bodyboarding Competition. From Staff Reports Professional bodyboarders will hit the waves at IO a.m. today at Schlitterbahn Waterpark in New Braunfels. More than 20 of the world’s best ocean wave riders will ride the endless wave at the water park’s Boogie Bahn in the 10th Flow Rider World Bodyboarding Championship. The competition runs until I p.m. today and from IO a.m. to I p.m. Saturday. Riders from Australia, South Africa and Brazil will compete for the world title. Kyle Maligro, seven-time defending Flow Rider World Champion from Hawaii, is scheduled to compete. New Braunfels police officer and former Schlitterbahn operations manager Heath Purvis will return for a run at the pros. “The pros will be riding a wave that curls up to eight feet high and is moving at 20 miles an hour,” said Terri G. Adams, chief operating officer at Schlitterbahn. The competition started Thursday with an amateur competition at 6 p.m. DENVER (AP) — Attorneys for Timothy McVeigh asked a judge Thursday to delay the Oklahoma City bomber’s looming execution and accused the federal government of withholding evidence in a “fraud upon the court.” The request was submitted to U.S. District Judge Richard M a t s c h , who scheduled a hearing for late Thursday afternoon. A few hours earlier, the attorneys met with McVeigh at a federal prison in Terre Haute, Ind. Attorney Robert Nigh said it wasn’t easy for McVeigh to challenge his June ll execution date. “He was prepared to die,” Nigh said. The attorneys also want a hearing on their claim that the FBI is withholding information even now, three weeks after the Justice Department began turning over more than 4,000 pages of FBI documents that McVeigh’s defense should have had at trial. “There is a very long and old doctrine that the Supreme Court has articulated periodically because it doesn’t happen very often, that when a fraud upon the court has been perpetrated by one of the parties to a legal proceeding, any judgment that the court makes is void,” lawyer Richard Bun-said. “There are still critical documents about this investigation being withheld by the FBI,” he said, suggesting the agency was keeping private files on people investigated in the case. “We must get to the bottom of this.” Attorney General John Ashcroft said none of the FBI documents raise doubt about McVeigh’s guilt or establishes his innocence. He said the Justice Department would oppose any effort to overturn McVeigh’s conviction or death sentence, or to force a new trial. McVeigh had faced lethal injection on May 16 for the 1995 bombing that killed 168 people and injured hundreds of others. But the execution was postponed by Ashcroft after the Justice Department admitted it mistakenly kept boxes of documents from McVeigh s defense. TxDOT cuts speed limit on U.S. 281 AUSTIN — Texas Department of Transportation Commissioners approved reducing the speed limit along a four-mile stretch of U.S. 281 by 5 mph at their meeting Thursday. The change, which affects the thoroughfare from Farm-to-Market Road 311 to FM 306, was one of a fist of speed reductions passed in Austin by the board that oversees roads and transportation in Tbxbs A TxDOT official said Thursday afternoon that the change could be made essentially as soon as new signs can be posted. The stretch of U.S. 281 in western Comal County has been under scrutiny because of accidents that occur at the heavily traveled intersections there. ‘Miracle girl’ ready for future after painful childhood Photo submitted New Braunfels High School student Heidi Mann will graduate Saturday after overcoming many medical obstacles. By Amy Clarkson Staff Writer Heidi Mann’s childhood was filled with agonizing pain, visits to the doctor and brain surgery. Today, her smile lights up the room as the 20-year-old talks about graduating from high school, summer camp and her plans for the future. “We’re going to have a big party,” the petite girl says. “I can’t wait!” But her mom remembers the seizures, the incredible pain, trips to the doctor when no one could tell her what was wrong with her baby girl. She remembers being told Heidi would never walk, probably wouldn’t talk. To Burckhard and Dawn Mann of NewCommencement The New Braunfels High School Class of 2001 will graduate during a ceremony at 2 p.m. Saturday in Strahan Coliseum in San Marcos. Leading the class of about 370 will be valedictorian Lauren Walker, daughter of Randy and Gaye Walker, and salutatorian Clay Janca, son of Bob and Glenda Janca. Braunfels, their daughter is a true miracle child. “It’s just a miracle that she’s here today and that she is graduating,” Dawn said. “If you could have seen her as a baby, you would know just how much shes overcome to reach this point.” Mother and daughter sit together in their home, so close they finish each other’s sentences. For years, Dawn has watched her daughter overcome the damage from a brain tumor that doctors said could have developed when she was still in the womb. Heidi was perfectly healthy when she was born, her mother remembers. Her Apgar score — a test performed at birth that show the baby’s health — was nine out of a perfect 10. And then, at eight months old, Heidi had the first of several seizures. “I went in to the room where her crib was and she was blue,” Dawn recalls. “I didn’t know what to do. I was a young mother; I didn’t know CPR at the time. So I just See MIRACLES Inside Abby.......................... ......7 A ' Classifieds..................... .4-1 OB Comics........................ ....11A Crossword.................. ......7A Forum.......................... ......6A Local/Metro................. ......4A Movies.......................... ......7A Obituaries.................... ......3A Sports......................... ..1-3B Today........................... 2A Key Code 76 Commissioner frustrated as bills meet dismal failure in Austin By Ron Maloney Staff Writer The 77th Texas Legislature ended Monday. Comal County entered this session with an ambitious legislative agenda it hoped would give the county tools to regulate growth and protect the quality of life. The county sought: • land use planning authority; • zoning authority; “One out of six is better than none out of six. It provides some authority we didn’t have before — but nowhere near the authority we ultimately need....— Jay Minikin Comal Commissioner increased platting power; and • the power to levy impact fees. Six bills — two supported by the Conference of Urban Counties, a group of the 35 largest counties in Tbxas that Comal County belongs to — were sponsored by various legislators. At the end of the session, only one was successful. Did it include zoning authority for county governments? Nope. Increased subdivision authority? No way. Increased platting power? Forget it. Impact fees? “It’ll be a cold day..Pct. 2 Commissioner, Jay Minikin said. By Monday, only one piece of legislation, Senator Jon Lindsay’s Senate Bill 873, made its way through the legislative process. That bill, called the “coun ty infrastructure bill,” would give counties the ability to set subdivision or platting rules “to promote the health, safety, morals of general welfare of the county and the safe, orderly and healthful development of the unincorporated area of the county." The language is broad and loose, and officials and attorneys will have to decide ultimately what it will mean for counties. See BILLS/5A ;