HomeMy WebLinkAbout022184 RES - 03/21/1995A RESOLUTION
REQUESTING THE TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION TO ISSUE A NEW AGREED ORDER PERTAINING TO
SPECIAL CONDITION 5.B., CERTIFICATE OF ADJUDICATION NO. 21-3214,
IMPLEMENTING A "PASS-THROUGH" OPERATING PLAN FOR THE CHOKE
CANYON/LAKE CORPUS CHRISTI RESERVOIR SYSTEM TO PROVIDE
FRESHWATER INFLOWS FOR THE NUECES ESTUARY, AND REPLACING
THE AGREED ORDER ISSUED ON MARCH 9, 1992.
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
U22184
r
EL int
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
WHEREAS, the City of Corpus Christi has worked closely with the Nueces Estuary
Advisory Council in developing the Pass -Through Plan; and
WHEREAS, the Nueces Estuary Advisory Council approved the plan at their regular meeting
on February 27, 1995.
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 requests that the
Texas Natural Resource Conservation Commission implement the Pass -Through
operating plan for the Choke Canyon/Lake Corpus Christi reservoir system by issuing
the attached Agreed Order in place of the Agreed Order issued March 9, 1992.
2. That the City of Corpus Christi recognizes and appreciates the spirit of cooperation
and consensus building that has characterized the Nueces Estuary Advisory Council's
consideration of alternative freshwater inflow management strategies for the Choke
Canyon/Lake Corpus Christi reservoir system.
ATTEST:
MAYO' THTC OF CORPUS CHRISTI
APPROVED: 12) DAY OF h. y , 19 «5
James R.Bray, Jr., City Attorney
By IA
.
As t City Atto
attachment:
- Proposed Agreed Order
T r
IN RE: AGREED ORDER
ESTABLISHING OPERATIONAL
PROCEDURES PERTAINING TO
SPECIAL CONDITION 5.B.,
CERTIFICATE OF ADJUDICATION
NO. 21-3214, HELD BY THE
CITY OF CORPUS CHRISTI,
NUECES RIVER AUTHORITY, AND
THE CITY OF THREE RIVERS
BEFORE THE
TEXAS NATURAL
RESOURCE CONSERVATION
COMMISSION
AN AGREED ORDER amending the operational
procedures and continuing an Advisory Council pertaining to
Special Condition 5.B., Certificate of Adjudication No. 21-3214
On , 1995, came to be considered before the Texas Natural
Resource Conservation Commission ("Commission") the Motion by the City of Corpus Christi
for the adoption of an Agreed Order establishing operating procedures pertaining to Special
Condition 5.B., Certificate of Adjudication No. 21-3214, held by the City of Corpus Christi,
the Nueces River Authority, and the City of Three Rivers" (the two cities and river authority
shall be referred to herein as "Certificate Holders").
After hearing and considering the proposed operational procedures and the presentations
of the parties, the Commission finds that it has authority to establish operational procedures
under Special Condition 5.B. of Certificate of Adjudication No. 21-3214, and that operational
procedures previously established should be amended. The Commission finds that, because of
the need to continue to monitor the ecological environment and health of related living marine
-r
resources of the estuaries to assess the effectiveness of freshwater inflows provided by
requirements contained in this Agreed Order relating to releases and spills from Choke Canyon
Reservoir and Lake Corpus Christi (collectively referred to as the Reservoir System), as well
as return flows, and to evaluate potential impacts which may occur to the reservoirs as well as
to the availability of water to meet the needs of the Certificate Holders and their customers
which may result from those operational procedures, the existing advisory council should be
maintained to consider such additional information and related issues and to formulate
recommendations for the Commission's review.
The Commission additionally finds that based on the preliminary application of the Texas
Water Development Board' s Mathematical Programming Optimization Model, (GRG-2), 138,000
acre-feet of fresh water is necessary to achieve maximum harvest in the Nueces Estuary and,
therefore, when water is impounded in the Lake Corpus Christi -Choke Canyon Reservoir System
to the extent greater than 70 percent of the system's storage capacity, the delivery of 138,000
acre-feet of water to Nueces Bay and/or the Nueces Delta, by a combination of releases and
spills, together with diversions and return flows noted below, should be accomplished; and that
during periods when the reservoir system contains less than 70 percent storage capacity,
reductions in releases and spills, along with diversions and return flows, are appropriate in that
a satisfactory level of marine harvest will be sustained and the ecological health of the receiving
estuaries will be maintained.
2
The Commission further finds that return flows, other than to Nueces Bay and/or the
Nueces Delta, that are delivered to Corpus Christi Bay and other receiving estuaries are
currently in the assumed amount of 54,000 acre-feet per annum (per calendar year), and that
they shall be credited at this amount until such time as it is shown that actual return flows to
Corpus Christi Bay and other receiving estuaries exceed 54,000 acre-feet per annum.
The Commission finds that by contractual relationships, the City of Corpus Christi is the
managing entity for operating the Reservoir System.
When the Commission uses the word "release" in this Order, release means spills, inflow
passage, intentional releases, and return flows; provided, however, under this Order no release
from storage is required to meet conditions of this Order.
By consenting to the issuance of this Agreed Order, no party admits or denies any claim,
nor waives with respect to any subsequent proceeding any interpretation or argument which may
be contrary to the provisions of this Agreed Order.
NOW, THEREFORE, BE IT ORDERED BY THE TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION THAT:
1. a. The City of Corpus Christi, as operator of the Choke Canyon/Lake Corpus
Christi reservoirs (the "Reservoir System"), shall provide not less than 151,000
3
acre-feet of water per annum (per calendar year) for the estuaries by a
combination of releases and spills from the Reservoir System at Lake Corpus
Christi Dam and return flows to Nueces and Corpus Christi Bays and other
receiving estuaries (including such credits as may be appropriate for diversion of
river flows and/or return flows to the Nueces Delta and/or Nueces Bay), as
computed and to the extent provided for herein.
b. When water impounded in the Reservoir System is greater than or equal to 70
percent of storage capacity, a target amount of 138,000 acre-feet is to be
delivered to Nueces Bay and/or the Nueces Delta by a combination of releases
and spills from the Reservoir System as well as diversions and return flows. In
accordance with the monthly schedule and except as provided otherwise in this
Agreed Order, target inflows to Nueces Bay and/or the Nueces Delta shall be in
the acre-foot amounts as follow:
January 2,500 July 6,500
February 2,500 August 6,500
March 3,500 September 28,500
April 3,500 October 20,000
May 25,500 November 9,000
June 25,500 December 4,500
It is expressly provided, however, that releases from Reservoir System storage shall not
be required to satisfy the above targeted inflow amounts, as calculated in Subparagraph d.
4
i
c. When water impounded in the Reservoir System is less than 70 percent but
greater than or equal to 40 percent of storage capacity, a targeted amount of
97,000 acre-feet is to be delivered to Nueces Bay and/or the Nueces Delta by a
combination of releases and spills from the Reservoir System as well as
diversions and return flows. In accordance with the monthly schedule and except
as provided otherwise in this Agreed Order, target inflows to Nueces Bay and/or
the Nueces Delta shall be in the acre-foot amounts as follows:
January 2,500 July 4,500
February 2,500 August 5,000
March 3,500 September 11,500
April 3,500 October 9,000
May 23,500 November 4,000
June 23,000 December 4,500
It is expressly provided, however, that releases from Reservoir System storage shall not
be required to satisfy the above targeted inflow amounts as calculated in Subparagraph d.
d. The amounts of water required in subparagraphs 1.b. and 1.c. will consist of
return flows, and intentional diversions, as well as spills and releases from the
Reservoir System as defined in this subparagraph. For purposes of compliance
with monthly targeted amounts prescribed above, the spills and releases described
in this paragraph shall be measured at the U. S. Geological Survey stream
monitoring station on the Nueces River at Calallen, Texas (USGS Station No.
08211500). Any inflows, including measured wastewater effluent and rainfall
5
runoff meeting lawful discharge standards which are intentionally diverted to the
upper Nueces Bay or its associated Nueces Delta region, shall be credited toward
the total inflow amount delivered to Nueces Bay and/or the Nueces Delta.
Inflow passage from the Reservoir System for the purpose of compliance with the
monthly targeted amounts prescribed in subparagraphs 1.b. and 1.c. shall in no
case exceed the estimated inflow to Lake Corpus Christi as if there were no
impoundment of inflows at Choke Canyon Reservoir. The estimated inflow to
Lake Corpus Christi as if there were no impoundment of inflows at Choke
Canyon Reservoir shall be computed as the sum of the flows measured at the
U.S. Geological Survey (USGS) streamflow gaging stations on the Nueces River
near Three Rivers, Texas (USGS No. 08210000), Frio River at Tilden, Texas
(USGS No. 08206600), and San Miguel Creek near Tilden, Texas (USGS No.
08206700) less computed releases and spills from Choke Canyon Reservoir.
e. The passage of inflow necessary to meet the monthly targeted allocations may be
distributed over the calendar month in a manner to be determined by the City.
Relief from the above requirements shall be available under subparagraphs (1) or
(2) below and Section 2(b) and 3(c) at the option of the City of Corpus Christi.
However, passage of inflow may only be reduced under one of those
subparagraphs below, for any given month.
(1) Inflows to Nueces Bay and/or the Nueces Delta in excess of the
required monthly targeted amount may be credited for up to fifty (50)
percent of the targeted requirement for the following month, based on the
6
amount received.
(2) When the mean salinity in Upper Nueces Bay (Lat. 27°51'02",
Long. 97°28'52") for a 10 -day period, ending at any time during the
calendar month for which the reduction of the passage of inflow is sought,
is below the SUB', pass through of inflow from the reservoir system for
that same calendar month may be reduced as follows:
(a) For any month other than May, June, September and
October, if 5 ppt below the SUB for the month, a reduction of
25% of the current month's targeted Nueces Bay inflow;
(b) If 10 ppt below the SUB for the month, a reduction of 50%
of the current month's targeted Nueces Bay inflow except that
credit under this provision is limited to 25 % during the months of
May, June, September and October;
(c) If 15 ppt below the SUB for that month, a reduction of
75 % of the current month's targeted Nueces Bay inflow.
f. The City of Corpus Christi shall submit monthly reports to the Commission
containing daily inflow amounts provided to the Nueces Estuary in accordance
with this Agreed Order through releases, spills, return flows and other freshwater
inflows.
"SUB" means "salinity upper bounds" as set forth more specifically in Section
3.b.
7
2. a. Certificate holders are to provide in any future contracts or any amendments,
modifications or changes to existing contracts the condition that all wholesale customers
and any subsequent wholesale customers shall develop and have in effect a water
conservation and drought management plan consistent with Commission rule. The City
of Corpus Christi shall solicit from its customers and report to the Commission annually
the result of conservation under the City's plan, the customers' plans, and the feasibility
of implementing conservation plans and programs for all users of water from the
reservoir system. This report shall be submitted with the Certificate Holder's annual
water use report as provided by 31 T.A.C. §295.202.
b. The Certificate Holders may obtain relief from targeted Nueces Bay inflows during
times of prolonged drought in accordance with subparagraphs b(I) -b(3).
(1) In any month when water impounded in the Reservoir System is less than
40 percent but equal to or greater than 30 percent of storage capacity, the City
of Corpus Christi may reduce targeted inflows to Nueces Bay to 1,200 acre-feet
per month', when the City has implemented and required its customers to
implement Condition II - Drought Watch as described in the City of Corpus
Christi's "Water Conservation and Drought Contingency Plan" ("Plan").
(2) In any month when water impounded in the Reservoir System is less than
30 percent of the storage capacity, the City of Corpus Christi may suspend the
passage of inflow from the Reservoir System for targeted inflow purposes to
2
1,200 acre-feet per month represents the quantity of water that is the median
inflow into Lake Corpus Christi during the drought of record.
8
Nueces Bay, when the City has implemented and required its customers to
implement Condition III - Drought Warning as described in the Plan. However,
return flows directed into Nueces Bay and/or the Nueces Delta shall continue to
be made.
(3) Certificate Holders' rights to obtain whole or partial suspension of the
passage of inflow through the reservoir, is contingent upon the City implementing
and requiring its customers to implement water conservation measures and levels
of drought management, and diminished reservoir system levels, as set forth in
subparagraphs b(1) and b(2). However, the decision whether to avail itself of
relief from inflow passage, through the initiation of drought management levels,
is solely that of the Certificate Holders. The initiation of drought management
levels set forth in subparagraph b(1) shall not be a prerequisite to the Certificate
Holders' rights to avail themselves of complete suspension of inflow passage as
provided for in subparagraph b(2) . However, suspension of inflow passage
pursuant to subparagraph b(2) shall not be available unless Condition III is
implemented during the month water impounded in the Reservoir System drops
below 30 percent.
c. For purposes of this Agreed Order, Reservoir System storage capacity shall be
determined by the figures contained in the "Regional Water Supply Planning
Study - Phase I Nueces River Basin (December 1990)" by HDR and based on
1990 sedimentation conditions. According to the Study, the storage capacity for
Choke Canyon Reservoir is 689,314 acre-feet (220.5 feet mean sea level) and the
9
r
storage capacity for Lake Corpus Christi is 237,473 acre-feet (94 feet mean sea
level) making total Reservoir System storage capacity equal to 926,787 acre-feet.
d. Percentage of the Reservoir System capacity shall be determined on a daily basis
and shall govern, in part, the inflow to be passed through the reservoir during the
remaining days of the month.
e. Within the first ten days of each month, the City of Corpus Christi shall submit
to the Commission a monthly report containing the daily capacity of the Reservoir
System in percentages and mean sea levels as recorded for the previous month as
well as reservoir surface areas and estimated inflows to Lake Corpus Christi
assuming no impoundment of inflows at Choke Canyon Reservoir. The report
shall indicate which gages or measuring devices were used to determine Reservoir
System capacity and estimate inflows to Lake Corpus Christi.
3. a. The City of Corpus Christi, with the assistance and/or participation of federal,
state and local entities, shall maintain a monitoring program to assess the effect
of this operating plan on Nueces Bay. The cornerstone of this program is the
development of a salinity monitoring program. The program shall include at least
two monitoring stations, one in upper Nueces Bay (Lat. 27°51'02", Long.
97°28'52") and one in mid Nueces Bay (Lat. 27°51'25", Long. 97°25'28") with
the capability of providing continuous salinity and/or conductivity data,
temperature, pH, and dissolved oxygen levels. Additional stations may be
established at the recommendation of the Advisory Council (continued by
10
paragraph 4 of this Agreed Order) to assess inflow effects throughout the
estuarine system, but the City shall not be obligated to establish such additional
stations except to the extent authorized by its City Council.
b. The City of Corpus Christi or its designated representatives shall monitor salinity
levels in Upper and Mid-Nueces Bay. The lower (SLB) and upper (SUB) salinity
bounds (in parts per thousand-ppt) developed for application of the Texas
Estuarine Mathematical Programming Model and considered appropriate for use
herein, are as follows:
SLB SUB SLB SUB
January 5 30 July 2 25
February 5 30 August 2 25
March 5 30 September 5 20
April 5 30 October 5 30
May 1 20 November 5 30
June 1 20 December 5 30
c. When the average salinity for the third week (the third week includes the seven
days from the 15th through 21st) of any month is at or below the subsequent
month's established SLB for upper Nueces Bay (Lat. 27°51'02", Long.
97°28'52"), no releases from the Reservoir System to satisfy targeted Nueces Bay
inflow amounts shall be required for that subsequent month.
d. All data collected as a result of the monitoring program required by paragraph 3
of this Agreed Order shall be submitted monthly to the Commission within the
11
first ten days of the immediately following month. The Nueces Estuary Advisory
Council shall study the feasibility of developing a method of granting credits for
inflows which exceed the required amounts to replace the credits that are set out
in subparagraph 1.e.(1) and make recommendations to the Commission for
possible implementation. That method shall have as its goal the maintenance of
the proper ecological environment and health of related living marine resources
and the provision of maximum reasonable credits towards monthly inflow
requirements.
4. a. To assist the Commission in monitoring implementation of this Order and making
recommendations to the Commission relating to any changes to this Agreed Order
and the establishment of future operating procedures, the Nueces Estuary
Advisory Council shall be continued. Its members shall include, but are not
limited to a qualified representative chosen by each of the following entities or
groups: the Executive Director of the Texas Natural Resource Conservation
Commission, whose representative shall serve as chair; the Texas Water
Development Board; the Texas Parks and Wildlife Department; the Texas
Department of Health; the General Land Office; the holders of Certificate of
Adjudication No. 21-3214 (the Cities of Corpus Christi and Three Rivers and the
Nueces River Authority); the University of Texas Marine Science Institute; Texas
A&M University - Corpus Christi; Save Lake Corpus Christi; Corpus Christi Bay
Area Business Alliance; the City of Mathis; a commercial bay fishing group; a
12
conservation group (e.g. the Sierra Club or the Coastal Bend Bays Foundation);
wholesale water suppliers who are customers of the Certificate Holders (e.g., the
South Texas Water Authority and the San Patricio Municipal Water District); the
Port of Corpus Christi Authority; and a representative of industry. The
representatives should have experience and knowledge relating to current or
future water use and management or environmental and economic needs of the
Coastal Bend area.
b. No modification shall be made to this Order without the unanimous consent of the
Certificate Holders, except to the extent provided by law.
c. Matters to be studied by the Nueces Estuary Advisory Council and upon which
the Executive Director shall certify recommendations to the Commission shall
include, but are not limited to:
(1) the effectiveness of the inflow requirements contained in this Agreed
Order on Nueces Estuary and any recommended changes;
(2) the effect of the releases from the Reservoir System upon the aquatic and
wildlife habitat and other beneficial and recreational uses of Choke
Canyon Reservoir and Lake Corpus Christi;
(3) the development and implementation of a short and long-term regional
water management plan for the Coastal Bend Area;
(4) the salinity level to be applied in Paragraphs 1.e. and 3.c., at which
targeted inflows in the subsequent month may be suspended;
13
(5) the feasibility of discharges at locations where the increased biological
productivity justifies an inflow credit computed by multiplying the amount
of discharge by a number greater than one; and development of a
methodology for granting credits for inflows which exceed the required
amount to replace the credits that are set out in subparagraph 1. e. That
methodology shall have as its goal the maintenance of the proper
ecological environment and health of related living marine resources and
the provision of maximum reasonable credits towards monthly inflow
requirements; and,
(6) any other matter pertinent to the conditions contained in this Agreed
Order.
5. This Agreed Order shall remain in effect until amended or superseded by the
Commission.
Issued date:
ATTEST:
Gloria A. Vasquez, Chief Clerk
corpus \order95.002
14
TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION
John Hall, Chairman
Corpus Christi, Texas
2 I day of kVY ( ✓1
, 19
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
\forms\066
r
1,.t..<_184