HomeMy WebLinkAbout030047 RES - 01/14/2014RESOLUTION
SUPPORTING AN AMENDMENT TO THE NUECES BAY SYSTEM ENVIRONMENTAL
FLOWS RULES BY THE TEXAS COMMISSION ON ENVRIONMENTAL QUALITY
WHEREAS, in 2007, the Texas Legislature passed Senate Bill 3 (SB 3), establishing a process for
developing environmental flow standards for future surface water permits; and
WHEREAS, the Texas Commission on Environmental Quality (TCEQ) is considering environmental
flow standards for Nueces River and Nueces River Basin, which have the potential to significantly
impair the City of Corpus Christi's existing water supply from the Choke Canyon/Lake Corpus Christi
System; and
WHEREAS, the Nueces River Basin is one of the driest in the SB 3 program with limited surface water
available for future appropriations, whether human or environmental purposes; and
WHEREAS, the City of Corpus Christi is the regional supplier of water for municipalities, business,
industry and water systems serving approximately 500,000 customers in Nueces, San Patricio, Aransas,
Bee, Kleberg, Jim Wells, and Live Oak counties; and
WHEREAS, The City of Corpus Christi (as the operating entity) operates the Choke Canyon
Reservoir /Lake Corpus Christi System in accordance with the special conditions contained in Certificate
of Adjudication No. 12 -3214 (issued in 1976); and
WHEREAS, the City's permit includes a special condition in the permit establishing an Advisory
Committee to address environmental flow requirements wholly independent of the SB 3 environmental
flows process; and
WHEREAS, despite SB 3's legislative mandate not to affect existing water rights permits; language
within the City's permit states that environmental flows are required and are within the power of the
TCEQ to make changes in them "...to the extent provided by law..."
WHEREAS, there is a possibility that adoption of standards developed during the on -going SB 3 process
may unintentionally set a precedent allowing for a revision impacting the City's permit, which would
significantly reduce water availability throughout the Coastal Bend; and
WHEREAS, the TCEQ is expected to hold a public hearing on the proposed rules and environmental
flow standards in February 2014, and is required to have a rule adopted for the Nueces River basin by
March 2014.
NOW, THEREFORE, BE IT RESOLVED, that the CITY OF CORPUS CHRISTI hereby request that
the TCEQ clearly and conclusively state that SB 3 environmental flow standards are to be applied
prospectively and environmental flow standards for the Nueces River Basin not affect an appropriation
of or an authorization to store, take, or divert water under a permit or amendment to a water right issued
before September 1. 2007; and
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INDEXED
BE IT FURTHER RESOLVED, that copies of this resolution be submitted to the members of the
Commission and the TCEQ Executive Director as part of the public record on SB 3 environmental flows
rulemaking process.
PASSED AND ADOPTEI. this I day of ,d , 2014.
g
APPROVED this 1 4-h-
day of 014.
This resolution takes effect upon City Council approval on this the
2014.
ATTEST:
Rebecca Huerta
City Secretary
Corpus Christi, Texas
114 ' day of January,
THE CIT OF CORPUS CHRISTI
Nelda Martinez
Mayor
Corpus Christi, Texas
The above resolution was passed by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
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0 3 047
Lillian Riojas
Mark Scott
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