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
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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
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022142