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Home My WebLink AboutC2005-557 - 8/23/2005 - NATEXAS COI~MISSION ON ENq/IRONMENTAL QuALrI'Y AMENDMENT TO tla~l~ (lllgl 'ERTIFICATE OF ADJUD]CATION ~O~n/~ml~m~(~m~ ~ 'ERTIFICATE NO. 21-3214B AMENDMENT NO. 21-3214B TYPE § 11.122 lifo 01 2005 ~ )w ncr: The City of Corpus Christi Adclreaa: P.O. Box 9277 Coq Ckri fi, 78469-92T'/ Nuecea River Authority P.O. Box 349 Uvalde, Teyma 78801 The Cily of Thr~ Riven P.O. Box 398 Thr~ Rivo's, T~xa~ 78071 Filed: March 24, 2005 23 2005 Pur0os~ In-place Ro:t~tion, Agricultural Counti~: (Irrigation), Municipal, Dorn~dc and Livestock MclVlullen & Live Oak Walemoume: Frio and At~cosa Rivea's, tributari~ oftl:m Nu~ Rivm' Wate~ahocl: Nuecea River Ba~in W F[EREAS. C~ti ficatu of Adjudication No. 21-3214 authoriz~a tho City of Corpua Clvisti, the Nueces Rivex Authority, and the City of Three Rivers, applieant~ to maintain sm ~ d~n ',md reservoir, known as Choke Cany~,, Dam and Reaervoir, as w~ll as a co~ can~fing an inland reservoir, on the Frio River, tribmm'y of the Nuecea River, Nuecee Rivm Baain, and to ,,,Ij,ound thegn 700,000 acre- fe~ of watex and to divert water from th~ pexime~' oftl~ r~rvoir or lhrough gates located on Choke Cunyon Dam; and WHEREAS. thc Ccrtitime contains Special Condition E, which stipul~_~ ~ owners shaft continuously maintain a minimum flow of 33 cfs below the dmn at CT~ok¢ Canyon Reeervoir, and WHEREAS. other sp~cml conditions and a _gre~__ orders ~xist; and 2005-557 O8/23/O5 Page I of 5 ~ HEREAS, the .-Xpphc~nts ~ek to amend Certificate of Adjudication No. 21-3214 ~ To authorize the City. of Three Rivers to diverl at a ma~rimum rate of 7.74 cfa (3.,1.73.71 gpm) from an additional diversion poinl wiflfin Choke Cmayon ~ in addition to previously authorized divca'sion rates, B To amend Special Condition 5E to reduce thc minimum relea~ flow by 7.74 cfa from 33 cfs to 25.26 cfa, and C Io authorize thc' City o f'l'llre~ Rivers the uae ofthe bed and baaka of the Atascosu, F nc,. and N ueces r i ver~, currently authoriza:xt Io the City ofCorpua Clxri~, to convoy througt~ Choke Canyon Dam and Reservoir and deliv~' inlo Lake ~ ChriS, groundwmer which is released into the Atsacosa River in Atumcoaa County, Texas; and 9,'HEREAS, the Texas Commission on Envirom~ienlal Q~lity fiml~ th~ jm'imdicfion over the application is establiaheck and ~,'HEREAS, no one protested the granting of this a:pplieation; and ~, HEREAS, this amendment, if granted, will be subject to adminial.t-Gve vequixagments of the .'south Texas Waltrmastev, and WHEREAS, this application ia subject to thc Toxaa ~ ]Vhmagament Program (ChiP) and mu~t 1:~ conmstent with the CMP goals and policies; and WHEREAS, the Executi ye Director recommends thru ~eial condiO, on SE. be amended and !hat special condition~ concerning potential adverse environmental impaff~ waler conaervallon, ~ :he prme~cfion of stale water be included ~n the permit: and W H ER EAS, the'l'exlm Commi ~ion on Enwromaental Qu. lity finds that the iasmmc~ ofthia mnendment is consi~nt wi th the goals and policies ofthe Texas CoaCml ~ent Program; and WHEREAS, the Co.i.msaion has complied wilh the requiremea~ of the Texas Water -and Rule~ of the Texas Commission on Environmental Quality in i~uin8 thia ~n,eaxln~at; 'q~.lW, THEREFORE. ~his amendment to Cextifieate of Acljudicalfion No. 21-3214, :lcaignat~t Certificate of Adjudication No. 21-3214B, is issued to tho City of Corpua Christi, the ~ ueces River Autta,rity. ami the City offFhree Rivers. subject to the following t~. and eondition~: Page 2 of 4 USE Thc City of Thr~e Rivers is suthorLzed to uae the bed sad banks oftbe Atascosa River and Ffio River to convey grouudwator which is r~lea~d into the Atascosa River in Atascosa Coun .ry. Texas, to ~he '1%~ Rivms points of divamion, 2 DIVERSION In addition to thc previous flllthoriz~l.iol'l~, the City of Tht~e Riv~m ia ax~flmriz~ to divext water amhorized by tiffs C~'tific~t-- from a point with~ Cholm ~ Restxvoir at a maximum divemion rate of 7.74 cfa (3,473.71 8pm) wihhin Choko Canyon Reservoir. 3 CONSERVATION Owners shall implgment water conservation plans that provid~ for tt:m utiliz~ of those pmgtic.~ ~_hrtiqu~. and technologiea that reduce or maintain the eonsnm~. 'on of wamr, pr~went or reduce the loss or waztr of w~nr, maintain or ' .nrrlnove tt~ efficieacy in the use of waist, increase the r~cycli~g taxi r~u~e of the wm~, or grrc~mt thc pollution ofw,,t~r, so that a water supply is made av~lable for futura or altorrugivc uses. Such plans shall include a r~quir~mant that in ew~ry wholesale water contract entered into, on or after the effective date of t~in mum:~cmt, including any contract cxtmmion or renmval, thst each successive wholosaler customer develop and implement couscrvation measure. If the customer intends to resell the water, then lhe contra~t for resale of the wst,,- nmst hav~ water conservation requirements so that each successive wholc~ale cua~tuu~r in the rmale of the water be rcquircx] Io impl=mem water conservation m~asurca. 4 SPECIAL CONDITIONS Special Condition 5E. of CcrtificaIe of Adjudication No. 21-3214, which stipulates that owners shall continuously maintain a minimum flow of 33 cfa below the darn at Choke Canyon Reservoir, is maintained for all ~ and effoetr~ except that the release requirement fium Choke Can~:u~ Reservmr is reduced from 33 cfs to 28.54 cfs when the City of T'aree Rivers ~s not diverting its senior water fight al the divenfion poirn on the Frio River authorized by Cerhfic~e of Adjudication No. 21-3215. Page 3 of 4 B Owners may not ex~.ise a pnority call on water rigttts in the Nu__~y~s_ River BasIn with priority dates between 1952 and 1976 for p~ of~ ~orage in andmr d~version fi'om the Owners' systom reaervoirs ('I..ir~ Corpua Christi and Choke Canyon Reservoir) where dsawdown of the sy~2g~n reservoirs is eausext by compliance with the temm and eomlifions of thia amendment C Owners shall contsct the South Tex~ Wat~nmstexpfior to cliver~.on ofwat~' authorized herein. This amendmmt is issaed subject to all superior and smior warn- fig, has in the ~ Riwr ~m. rhm amendment is issuexi mibject to all terms, conditicn~ ami ~ovi~ion~ cont~n~ in , can ~ficate of Adjudication No. 21-3214. as amendS, exca:pl as specifically -rae~l~d herein. Ownar agrees to be bound by the t~,,,~, conditions ami lauvision~ ~ her~in and mie. h agrt~.'menl is a condition precedtmt to the granting oftkis amendmenL All other rn~!!__~s requ~stod in the ~pplica~ion which are not speoifi~ grunt~l by thi~ amendment =; denied. This amendmant is iasued subject to the Rule~ of the Taxas Con~rni~ion on F. nvimmnan~ qmality and lo the right of continuing supervision of State water n~o~ exercised by fl~ Commismon. TEXAS COMMISSION ON ENVIRONMENTAL QU,AT.rrY AUO 2 8 OOfi Page 4 of 4