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HomeMy WebLinkAbout13142 ORD - 04/21/1976• JKH:vp:4 -7 ,76 :1st • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE TEXAS WATER RIGHTS COMMISSION FOR THE NECESSARY PERMITS FOR CONSTRUCTION OF THE CHORE CANYON RESERVOIR, A SUBSTANTIAL COPY OF SAID APPLICATION BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ". BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and he is hereby authorized to submit an application to the Texas Water Rights Commission for the necessary permits for construction of the Choke Canyon Reservoir, a substantial copy of which application is attached hereto and made a part hereof, marked Exhibit "A ". *13142 work Copy • Application No.: Hearing Set For: TEXAS WATER MGM COLISNUSSION APPLICATION FOR PEMIT TO APPROPRIATE PUBLIC WA1.'ER Date Received: Date Granted: (Do not write above this line) 1. Personal Data of Applicant: City of Corpus Christi Nueces River Authority A. Name: xas Water Rights Comm, Ad sB. Mailing Box 9277, Corpus Christi 78408 P.O. Box 349 Uvalde, 78801 C. Telephone No.: 512 - 884 -3011 512 - 278 -6810 Dan and Reservoir Information and Data: A. Type of Storage Reservoir: ® on- channel L7 off- channel Date of Construction: B. Location of Structure: (1) Watercourse: Frio River , tributary of Nueces River ,. tributary of , tributary of - . f tributary of , Nueces River Basin. (2) From County Seat and nearby ta.m: a. Location from County Seat: 14 miles in a northwesterly direction from Georqe west Live Oak County, Texas. ca b, Lotion from nearby town if, other than County Seat): 4 miles in a westerly direction from Three Rivers . a nearby tck,-, sham on co t highway map. (3) Station see atta hYd on the centerline of the dam is sheet feet (bearing and distance) from the corner of Original Survey No. , Abstract No. , in County, Texas. C. Reservoir; (1) Acre -feet of water impounded by structure at normal maximum operating level 700,000 (220.5 elev.) (2) Surface area in acres of reservoir at normal maximum operating level 26,000 D. (1) Is this a U.S. Soil Conservation Service floodwater- retarding structure: Yes No xx Site No. llatershed Project. (2) Do you request a permit to close the "ports" or "windows" in the service or • principal. spillway? Yes No E. The drainage area above the dam is 5,530 square miles 3. Appropriation: A. Appropriated waters will be used as follows: Each and every aspect of this permit application is governed by the contract, a copy of which is attached hereto: Purpose Place of Use Acre -Feet per Annum Nueces, San Patricio, Aransas, (1) Municipal Jim Wells, Live Oak, Kleberg, 59,770 Bee and McMullen-Counties (2) Industrial (S A M E) 79,230 B. Diversion: (1) Location of point of diversion: See 2.B.'(3) above , feet (bearing and distance) from the corner of Original Survey No. , Abstract No. o in County, Texas. (2) Location from nearby town: 4 miles in a westerly direction from Three Rivers , a nearby to:m s oom on attached vicinity map. (3) The diversion %•rill be: circle appropriate letter) a. • Directly from the stream - b. From an existing on- channel reservoir Q From a proposed on- channel reservoir d. Fran a stream to an existing off - channel reservoir e. Fran a stream to a proposed off - channel reservoir f. Other msthod (Explain fully- -use additional sheets if necessary) r gln(75 -51 (4) Rate of Diversion: a. MaxilPtsn 597,600 g_= (2,000 s.f. - Assuming,dual, outlet works at• b. Diversion Facility: 1,000 s.f. each) 1. If by pumping plant: (a) NaTber of pumps (b) Type of pap (c) Horsepower (d) Total Head feet (e) amp capacity each Pump gpM (f) Portable pump Yes _ No 2. If by gravity: (check applicable provision) QHeadgate (see attached) Diversion dam (c) other method (explain fully -use additional sheets if necessary) C. Return Water or Return Flow: hater which is diverted but not consumed as a result of the above stated use will be returned to Corpus C rM Estua system r tributary of tributary of r Basin, at a point which is , ° , feet (bearing and distance) from the corner of Original Survey No. , Abstract No. r County, Texas. Annual amount of return flaw to said stream is acre -feet. D. Surplus hater: hater which is diverted but not used beneficially will be returned to Corpus Christi B$y Estuarine system, tributary of , utary of r Basin, at a point itach is ° , feet (bearing and distance) from the corner of crigina' -- Survey No. , 16stract No. r County, Texas. 4. C-aneral Information: Department of the Interior A. The proposed works will be located on the land of Bureau of Reclamation whose mailing address is 'Herring Plaza Box H -4377 Amarillo, Texas 79101 (If applicant does not own land an3 does not have the power of condemnation, a copy of the easement or option for easement must be furnished.) B. The lams proposed to be irrigated are described in a supplement attached to this application or on the application plans and contain no acres in the original Survey M. , Abstract No. , in County, Texas. out of this area acres will be irrigated in any one year. Gin the case of individuals, owners of the land to he irrigated must join in the application.) C. If a permit for the appropriation is granted, either in whole or in part, constxucti-c works will be begun within two years after such permit is issued. The proposed work o-rill be ompleted within four years from the date of issuance of permit. 5. Ilaps, plats, and drawings accmpany this application as required by the Commission 's Rules and Regulations. witness hand at v Texas, this the Of P 19 day Subscribed and s,worn to as being true and correct before me on this the day of r 19 Notary Public, County, Texas. C- 9lb(75 -5) 2. B., (3) Station 40 +00 on the centerline of Choke Canyon Dam is S. 73° 30' W., + 1,300 feet (bearing and distance) to the southwest corner of the Willie Otto, 90 -acre tract located in the Thomas Henry Survey, Abstract No. 14. Reference to Book 193, Page 129, Live Oak County Records; and being common with the northwest corner of the Buford Dugger 300 -acre tract located in the Thomas Henry Survey, Abstract No. 14. Reference to Book 193, Page 129, Live Oak County Records. NOTE: The above description is subject to minor change upon completion of the final survey. 3. B. (4)b.2(a) The discharge from the dam will be made into the Frio River to be conveyed to the City of Corpus Christi's storage in Lake Corpus Christi. It is requested that this permit include the right for the City of Corpus Christi and Nueces River Authority to use the bed and banks of the Frio and Nueces Rivers to convey such water as the City of Corpus Christi, Texas and Nueces River Authority may be legally entitled to, from the Choke Canyon Dam to Lake Corpus Christi. DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, THIS THEa/ 4R DAY 'F-z4 , ATTEST: 'z' all--t GITY SECRETARY �AIGtJ� AVPVED: DAY OF 19x: ACITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 0 THAT THE FOREGOING ORDINAN WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE DAY OFD FOLLOWING VOTE: 19',/ BY THE L� JASON LUBY 7P. BILL TIPTON EDUARDO DE ASES RUTH GILL 8013 GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINANC WAS R AD TO ITS THIRD READING ON THIS THE FOLLOWING FOLLOWING FO 7HE S COND TIME AND PASSED DAY VOTE: 1907.1 BY THE JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE FINALLY ON THIS THE �IJ;- DAY OF S READ FOR THE IRD TIME AND PASSED I9 BY THE FOLLOWING JASON LUBY VOTE: /7 DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GALLEY GABE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, THIS THEa/ 4R DAY 'F-z4 , ATTEST: 'z' all--t GITY SECRETARY �AIGtJ� AVPVED: DAY OF 19x: ACITY ATTORNEY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPLICATION NO. 3631 PERMIT TO APPROPRIATE STATE WATER PERMIT NO. 3358 TYPE: Section 5_ 121 Permittees : City of Corpus Christi T and Nueces River Authority of Texas Received : May 24, 1976 Granted : October 12, 1976 Watercourse : Frio River, tributary of Nueces River Addresses: City of Corpus Christi City Ball P_ O. Box 9277 Corpus Christi, Texa. Nueces }liver AuthorA P. O. 13ox 349 Uvalde, Texas Filed : July 19, 1976 Counties : Live Oak and McMulle Watershed: Nueces Rivet' Basin i= WHEREAS, the Texas Water Rights Commission finds that jurisdiction of the Z application is established; and = WHEREAS, a public hearing has been held and specific findings,of fact and conclusions of law adopted, as required by law. C NOW, THEREFORE, this permit to appropriate State water is issued to City of Corpus Christi and Nueces River Authority subject to the following terms and cor_ditions: 1. BIPOUNDMENT Permittees are authorized to maintain a reservoir and dam, to be con- structed on the Frio Rived by the Bureau of Reclamation, and to contin-' ! uously impound not to exceed 700, 000 acre4eet of water at normal maximum operating elevation 220..5 feet above mean sea level_ The Choke Canyon Dam and Reservoir will be located in Live Oak and . McMullen Counties, Texas, with station 40 + 00 on the centerline of the- dam to be S 730 301 E, 1, 300 feet from the southwest corner of then Willie Otto 90 -acre tract located in the Thomas Henry Survey, Abstract No. 14, recorded in Book 193, Page 129 of the Deed Records of Live Oak County, Texas. Permittees shall acquire no rights hereunder until Choke Canyon Dam and Reservoir is constructed by Bureau of Reclamation- 2. ii SE Permittees are authorized to divert and use appropriated waters for the following purposes at the places indicated in the following amounts, to wit a. 59,770 acre -feet per annum for municipal purposes in Nueces, San Patricio, Aransas, Jim Wells, Live Oak, lKleberg, Bee, McMullen and Atascosa Counties. b. 78,730 acre -feet per annum for industrial purposes in Nueces, San Patricio, Aransas, Jim Wells, Live Oak, Xleberg. Bee, McMullen and Atascosa Counties. C. 500 acre -feet per annum for domestic and livestock purposes in Live Oak and McMullen Counties. _ l of3 = _ d. 100 acre -feet per annum for construction purposes in Live Oak County for four years during the period of construction of the dam and reservoir. Permittees are further authorized to use the impounded water for nonconsumptive recreational purposes. 3. DIVERSION a. b. C. point of Diversion: Initial point .of diversion from gates to be , located in the Choke Canyon Dam, the location of which is specified in 1. above. Maximum Diversion Rate. 1000 cfs (448, 800 gpm). '" t Permittees are authorized to use the bed and banks of the Frio ;r- and Nueces Rivers for the conveyance of the appropriated waters co from Choke Canyon Dam to Lake Corpus Christi for subsequent} diversion through the diversion works of City of Corpus Christi as authorized under Permits No. 933 and No. 1463. - 4. TL•t4E LIMITATIONS Construction or installation of all works herein authorized or required shall be in accordance with Bureau of Reclamation plans and shall be commenced within two years and completed within five years from date of issuance of this permit unless extended by the Commission_ 5. SPECIAL CONDITIONS a. The Commission recognizes. .the following division of owziership in any and all rights under this permit, the same to be held by per mittees as tenants in common: _ _- City of Corpus Christi . 80°% undivided interest = - Nueces River Authority 20016 undivided interest The Commission further recognizes that the Authority has contrac- tually agreed that for the life of the project the City shall have, sub- ject to the Commission's jurisdiction, the right to dispose of all water produced by the project; provided however, on approval -of the City of Corpus Christi, Nueces River Authority may sell water sub -. ject to the Commission's jurisdiction. b. Following completion and filling of Choke Canyon Dam and Reser- voir, scheduled releases shall be made from the reservoir system at Lake Corpus Christi Dam together with return flows to the estuaries for the proper ecological environment and health of relates living marine resources therein. Water provided to the estuaries from the reservoir system under this paragraph shall be.released ii such quantities and in accordance with such operational procedures as may be ordered by the Commission. • Permittees shall provide not less than 151, 000 acre -feet of water per annum for the estuarfe: by a combination of releases and spills from the reservoir system Lake - Corpus Christi Dam and return flows to Nueces and Corpus f�hricti Bays and other receiving estuaries. - - c. Permittees' appropriative rights to divert a total of 139, 000 acre - feet per annum under the paragraph numbered 2, above is continger upon the operation of Choke Canyon Dam and Reservoir in conjunc- tion with Lake Corpus Christi under systems operation criteria suc 2 of 3, that the additional 139, 000 acre -feet is available for appropriation - on a firm annual yield basis under the terms of this permit- d. Permittees shall continuously maintain a minimum flow of 38 cubic feet per second below the dam at Choke Canyon Reservoir. This permit is issued subject to all superior and senior water rights in the Nueces River Basin. c Permittees agree to be bound by the terms, conditions and provisions con- tained herein and such agreement is a c9ndition precedent to the granting of this -� permit. All other matters requested in the application which are not specifically granted by this permit are denied. C, This permit is issued subject to the Rules of the Texas Water nights Com- mission and to its right of continual supervision. - TEXAS WATER RIGHTS COMMISSION e n A J e D. Carter. Chairman - = • - - _-' . LL ot� R.. Carroll, Commissioner: .: orsey Hardeman, Commissioner Date Issued: November 16, 1976 lZar?:; n Hefn�rr- $ec etary