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HomeMy WebLinkAbout022142 RES - 01/24/1995A RESOLUTION URGING THE NUECES ESTUARY ADVISORY COUNCIL TO RECOMMEND TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION CERTAIN CHANGES IN THE PRESENT AGREED ORDER ON FRESHWATER RELEASES FROM THE CHOKE CANYON/LAKE CORPUS CHRISTI RESERVOIR SYSTEM AND EXPRESSING THE CONDITIONAL COMMITMENT OF THE CITY OF CORPUS CHRISTI TO UTILIZING WASTEWATER RETURN FLOWS FOR THE ENHANCEMENT OF THE NUECES ESTUARY WHEREAS, Certificate of Adjudication No. 21-3214 entitles the City of Corpus Christi to a firm annual yield of 139,000 acre-feet per year of water for municipal and industrial uses from the Choke Canyon Reservoir (and 252,000 acre-feet per year from the Choke Canyon/Lake Corpus Christi reservoir system); and WHEREAS, Special Provision 5.B. of Certificate of Adjudication No. 21-3214 provides for at least 151,000 acre-feet per year of freshwater inflow to Nueces and Corpus Christi Bays and other receiving estuaries; and WHEREAS, disputes as to the requirements of Special Provision 5.B. are now being temporarily resolved by operating the reservoir system under policies established in an Agreed Interim Order issued by the Texas Water Commission (predecessor to the Texas Natural Resource Conservation Commission) on March 9, 1992 and expiring on March 9, 1997; and WHEREAS, the Interim Order requires that the City meet certain monthly inflow amounts for Nueces Bay through a combination of spills, return flows and releases from the reservoir system and such an operating policy reduces the reservoir system firm annual yield (under Phase II operations) by 21,975 acre-feet per year, severely impacting the region's water supplies; and WHEREAS, the Interim Order created the Nueces Estuary Advisory Council to review the effects of the freshwater inflows under the required operating plan and to make recommendations to the Texas Natural Resource Conservation Commission for changes in the Interim Order; and WHEREAS, the Nueces Estuary Advisory Council has agreed that changes to the Interim Order should both "preserve the ecological environment and health of related natural resources in the Nueces River Basin and Nueces Estuary" and "maintain and preserve (protect) a supply of water to meet the demands of identified beneficial uses in the Nueces River Basin and the Corpus Christi area"; and WHEREAS, an alternative operating plan, known as the "Pass -Through" plan, has been developed that increases the reservoir system firm annual yield by 12,345 acre-feet per year relative to the present Interim Order and provides inflows to Nueces Bay and the Nueces Estuary in amounts relatively the same as the Interim Order; and T T 0 ,? 214 2 MIC&ULI-Lf LU r WHEREAS, compared to natural streamflow, there is still a significant diminishment of minimum inflows to Nueces Bay under both the Interim Order and the Pass -Through plan that could be partially mitigated by the diversion of treated wastewater effluents to the Nueces Delta; and WHEREAS, the management of freshwater inflows and wastewater return flows are part of an integrated water resources management strategy available to maximize the benefits of the area's limited freshwater resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That the City of Corpus Christi supports the Pass -Through Plan for the management of freshwater inflows to the Nueces Bay/Nueces Estuary system and urges the Nueces Estuary Advisory Council to favorably recommend to the Texas Natural Resource Conservation Commission certain amendments to the Interim Order that would implement the Pass -Through operating plan. 2. That the City of Corpus Christi recognizes the importance of providing more freshwater to the Nueces Bay/Nueces Delta system in the form of treated wastewater return flows. 3. That the City of Corpus Christi will undertake a wastewater effluent diversion demonstration project, transferring the average daily discharges from the Allison Wastewater Treatment Plant to a site in the Nueces Delta and monitoring the results of that discharge on the productivity of the marsh system and adjacent water bodies. 4. That, following the completion of the Allison diversion demonstration project, the City Council is committed to making available municipal wastewater effluent for diversion to the Nueces Bay/Nueces Delta system, if the following conditions are met: a. The diversion demonstration project has produced documented environmental benefits in terms of enhanced productivity at the discharge site and improvements in the general ecological health of the estuary; and b. The Texas Natural Resource Conservation Commission and the U.S. Environmental Protection Agency will grant permits for additional diversions and discharges of treated effluent to specific sites in the Nueces Delta; and c. The Texas Natural Resource Conservation Commission and the U.S. Environmental Protection Agency will allow the City to continue discharging at present treatment levels from those existing treatment plants that contribute effluent for diversion to the Nueces Delta; and d. The diversions can be accomplished without causing any significant changes in the ecological conditions at the site of the present discharges, especially those sensitive habitats that have developed on Oso Creek and in Oso Bay; and e. The diversions are credited towards the monthly pass-through targets for Nueces Bay initially on a one-to-one ratio of wastewater diverted to water to be passed through, with possible future negotiation of an increase in the ratio based on available scientific evidence. 5. That the City of Corpus Christi will actively encourage the diversion of acceptable quality industrial wastewater effluents to the Nueces Delta. ATTEST: MAYOR, TI CITY OF CORPUS CHRISTI APPROVED: a5DAY OF Jv , 19 9 rj James R Bray, Jr., City Attorney By City Attorney Corpus Christi, Texas 2!-! day of C(PAALYj , 19 l� The above resolution was passed by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss \font\066 (,Lt 1 022142