HomeMy WebLinkAboutC2009-269 - 7/28/2009 - ApprovedAPPLICATION FOR FINANCIAL ASSISTANCE
TO THE
TEXAS WATER DEVELOPMENT BOARD
THROUGH THE
WATER INFRASTRUCTURE FUND LOAN PROGRAM — DEFERRED
2009 -269
Res. 028245
07/28/09
Texas Water Development Board
APPLICANT:
CITY OF CORPUS CHRISTI, TEXAS
(NUECESCOUNTY)
Financial assistance in the amount of
$8,000,000inLoans
For Planning, Design and Permitting
PREPARED Y:
.111.FREIESE
rhil?NiCHOLS
EXHIBIT "A" - 38 Paces
1. GENERAL INFORMATION
(1.) Applicant
The City of Corpus Christi, Texas
Population:
277,454 (from 2000 U.S. Census)
285,175 (from 2006 U.S. Census Bureau estimate)
(2.) Official Representative
Angel Escobar
City Manager
City of Corpus Christi, Texas
1201 Leopard St.
Corpus Christi, Texas 78401
Phone: (3 61) 880 -3220
Fax: (361) 826 -3839
'AngelE@cctexas.com
Principal Officers
Name Position
Joe Adame
Brent Chesney
Mark Scott
Nelda Martinez
Kevin Kieschnick
John Marez
Priscilla Leal
Chris Adler
Larry Eli undo, Sr.
Angel Escobar
Oscar Martinez
Pete Anaya
Cindy O'Brien
Armando Chapa
Mayor
City Councilmember er At Large
City Councilmember At Large
City Councilmember At Large
City Councilmember, District 1
City Councilmember, District 2
City Councilmember, District 3
City Councilmember, District 4
City Councilmember, District 5
City Manager
Assistant City Manager, Public Works and Utilities
Director of Engineering Services
Assistant City Manager, Administrative Services, Interim
Director of Financial Services
City Secretary
(4.) (a) Project Engineer
John S. Wolfhope, P.L.
Freese and Nichols, Inc.
10814 Joll rville Road
Building 4, Suite 100
Austin, Texas 78759
Phone: (512) 617-3100
Fax: (512) 617-3101
JSW@freese,com
(b) Bond Counsel
W. Jeffrey Kuhn
Clayton Binford
Fulbright and Jaworski, LLP
300 Covent Street, Suite 2200
San Antonio, Texas 78205
Phone: (210) 224 -5575
Fax: 1) 270 -7205
WKuhn@fulbright.com
(c) Legal Counsel
Timothy L. Brown
Timothy L. Brown Law Offices
1600 W 38th St # 206
Austin, TX 78731
Phone: (512) 371-7070
Fax: (512) 450-0389
TBrwn @TLror.com
(d) Financial Advisor
Mark Seal
M.E. Allison & Co., Inc.
950 E. Basse Road, Second Floor
San Antonio, TX 78209
Phone: (210) 930-4000
Fax: (210) 930 -4001
MSeal@MEAllison.com
(e) Any Other Consultant Representing the Applicant before the Board
Not Applicable
(5.) Project Description
The Garwood Water Supply Project consists of a new pipeline and pump station that will
transport water from a new intake structure on the Colorado River near Bay City, Texas, to
the West Delivery System south of Lake Texana. The City of Corpus Christi owns water
rights and is authorized to divert 35,000 acre -feet per year of Colorado River water at a
maximum diversion rate of 150 cfs. The City of Corpus Christi acquired the water right
from the Garwood Irrigation Company in 1997. From Lake Texana, the water will be
transported to the City of Corpus Christi through the existing Mary Rhodes Pipeline, which
2
was designed to provide capacity for the Garwood water, and used by the City of Corpus
Christi for irrigation, municipal and industrial purposes.
(6.) Participating Political Subdivisions
Not applicable.
(7.) Sources and Uses of Funds
Sources of Funds
TWDB Bond Funds 8,000,000
TOTAL 8,000900
Uses of Funds
Project Planning, Engineering, Legal, Contingency $8,000,000
TOTAL 0
(8.) Requested Financial Assistance Program
TWDB Water Infrastructure Fund Loan Program Deferred
2. LEGAL INFORMATION
Resolution requesting financial assistance
Please refer to Attachment A (TWDB Forms WRD 201 a and WRD-201b)
(2.) Affidavit regarding Application
Please refer to Attachment B (TWDB Form WRD 201)
Affidavit regarding Water Right
Please refer to Attachment C (TWDB Form -2080)
(4.) Executed documents
Please refer to Attachment D (Certificate of Adjudication)
3. ENGINEERING INFORMATION
The preliminary engineering feasibility report is provided in Attachment E.
The Water Project Information Form (TWDM Form W D- 53d is provided in Attachment F.
4. WATER CONSERVATION PLAN
The 2009 City of Corpus Christi Water Conservation and Drought Contingency Plan is provided in
Attachment G.
4
Attachment A
Grant Application Resolution - TWDB Form WRD -2 1 a
Certificate of Secretary - TV/D Form WRD-201b
RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER
DEVELOPMENT BOARD IN THE AMOUNT OF $8,000,000 FOR THE
PLANNING, DESIGN, AND PERMITTING OF A PIPELINE AND
RELATED FACILITIES BETWEEN THE COLORADO RIVER AND THE
MARY RHODES PIPELINE PUMPING FACILITY AT LAKE TEXANA;
AUTHORIZING THE FILING OF AN APPLICATION FOR ASSISTANCE;
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
WHEREAS, the City Council of the City of Corpus Christi finds and determines that
there is an urgent need to initiate the planning, design, and permitting of a pipeline and
related facilities between the Colorado River and the Mary Rhodes Pipeline pumping
facility at Lake Texana, in order to exercise the City's Gar wood' water rights; and this
activity cannot be reasonably financed without financial assistance from the Texas
Water Development Board;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That an application is hereby approved and authorized to be filed with the
Texas Water Development Board seeking financial assistance in an amount not to
exceed $8,000,000 to provide for the costs of the planning, design, and permitting
phases of the City of Corpus Christi, Texas, Garwood Water Supply Project.
SECTION 2. That the City Manager, 'Angel R. Escobar, be and is hereby designated
the authorized representative of the for purposes of furnishing such information and
executing such documents as may be required in connection with the preparation and
filing of such application for financial assistance and the rules of the Texas Water
Development Board.
SECTION 3. That the following firms and individuals are hereby authorized and
directed to aid and assist in the preparation and submission of such application and
appear on behalf of and represent the before any hearing held by the Texas Water
Development Board on such application, to wit:
Financial Advisor:
Mark Seal
M.E. Allison & Co., Inc.
950 E. Basse Road, Second Floor
San Antonio, TX 78209
21 0-930-4000
TWDB Grant Application Resolution olution -- 07202009.00C
2
Engineer:
John S. Wolfhope, P.E.
Freese and Nichols, I n .
10814 Jollyvilie Road, Building 4, Suite 100
Austin, TX 78759
512-617-3100
Bond Counsel:
W. Jeffrey Kuhn
Clayton Binford
rd
Fulbright and Jaworski, ALP
300 Convent Street, Suite 2200
San Antonio, TX 78205
210 -224 -5575
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Joe Adame
Mayor
APPROVED AS TO FORM: 20th day of July, 2009.
F. Jay Reining
First Assistant City Attorney
For City Attorney
TINDB Grant Application Resolution -- 07202009.DOC
3
Corpus Christi, Texas
of
2009
The above resolution was passed by the following vote:
Joe Adarne
Chris N. Adler
Brent Chesney
Larry R. Eli undo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
TWDB Grant Application Resolution -- 07202009.DOC
wR D -201 b
03/09/05
Application Resolution - Certiflcate of Secretary (WRD-201 b)
THE STATE OF TEXAS
COUNTY OF NUECES
1, the undersigned, Secretary of the City of Corpus Christi, Texas (the "City"), DO HEREBY CERTIFY as
follows:
That on th
L ea day a regular meeting of the City Council was held at a meeting place
: , 2009 ,
within the City; the duly constituted merhbers of the City Council being as follows:
Joe Adame, Mayor
Brent Chesney, At Large
Mark Scott, At Large
Nelda Martinez, At Large
Kevin Kieschnick, Councilmember
John Mare z, Councilmember
Priscilla Leal, Councilmember
Chris Adler, Councilmember
Larry Elizondo, Sr., Councilmember
and all of said persons were present at said meeting, except the following:
Among other business considered at said meeting, the attached resolution entitled:
"A RESOLUTION by the City Council of the City of Corpus Christi, Texas, requesting financial
participation from the Texas Water Development Board; authorizing the filing of an application
for financial participation ; and making certain findings in connection therewith."
was introduced and submitted to the City Council for passag nd a pion. After presentation 4nd due
upon a motion made by new and seconded by
consideration of the resolution, and p
the resolution was duly passed and adopted by the City Council by the following vote:
B voted "For"
voted "Against"
abstained - A'1
all as shown in the official Minutes of the City Council for the meeting held on the aforesaid date.
2. That the attached resolution is a true and correct copy of the original on file in the official records of the
City; the duly qualified and acting members of the City Council on the date of the aforesaid meeting are those
persons shown above and, according to the records of my office, advance notice of the time, place and purpose of
said meeting was given to each member of the City Council; and that said meeting, and deliberation of the aforesaid
public business, was open to the public and written notice of said meeting, including the subject of the above entitled
resolution, was posted and given in advance thereof in compliance with the provisions of Chapter 551 of the Texas
Government Code.
WI � WHEREOF, have hereunto signed name officially and affixed the seal of said
Il , I
this the of , , 2009.
City Secretary
City of Corpus Christi, Texas
(SEAL)
0,2126
AUTHORIZED
11T CORM ...1j121/2...
.MOIONIPMIFIMPPIWININNWW810101ear. AsLiph.
SECRETARY
Attachment
TWDB Form WRD-201 1
WRD -201 (3109105)
Application Affidavit (WRD -201)
THE STATE OF TEXAS
COUNTY F NUECES
CITY OF CORPUS CHRISTI, TEXAS
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day
personally appeared Angel R. Escobar, City Manager of the City of Corpus Christi, Texas (the "City"), as the
Authorized Representative of the City, who being by me duly sworn, upon oath says drat:
1. the decision by the City to request financial assistance from the Texas Water Development Board
"Board's) was made in a public meeting held in accordance with the Open Meetings Act (Government Code,
§551 .001, et seq, ) and after providing all such notice as required by such Act as is applicable to the "City ";
2. the information submitted in the application is true and correct according to my best knowledge and
belief;
3. the City has no pending, threatened, or outstanding judgments, orders, fines, penalties, taxes, assessment
or other enforcement or compliance issue of any kind or nature by the Environmental Protection Agency, Texas
Commission on Environmental Quality, Texas Comptroller, Texas Secretary of State, or any other federal, state or
local government;
4. the City warrants compliance with the representations made in the application in the event that the
Board provides the financial assistance; and
5. the City will comply with all applicable federal laws, rules, and regulations as well as the laws of this
state and the rules and regulations of the Board.
I R. Escobar
ity Manager
City of Corpus Christi, Texas
SWORN TO AND WBSCRIB EF RE ME, by Angel R. Escobar, City Manager of the City of
Corpus Christi, Texas, this day of., , 2009.
(NOTARY'S SEAL)
Notary Public, State
MARIA V JUAREZ
Notary Public
STATE OF TEXAS
My Comm. Exp. 10.5- 009
Attachment C
Water Right Aff d it RD-2
STATE OF TEXAS
COUNTY OF MACES
AFFIDAVIT
WRD-208C
Rev. May, 2009
&nge1 Before me, the undersigned notary, on this day personally appeared R. Escobar, a
person whose identity is known to me. After 1 administered an oath to him/her, upon his /her oath
he/she said:
1. My name is Angel R. Escobar. I am over 18 years of age, of sound mind, and capable of
making this affidavit. The facts stated in this affidavit are within my personal knowledge
and are true and correct.
2. I am an authorized representative of the City of Corpus Christi, Texas, an entity that has
filed an application for financial assistance with the Texas Water Development Board for
a project that proposes the development of a new surface water supply source.
3. Has the applicant been appropriated the right to use the surface
water needed for the project by the Texas Commission on Environmental
Quality or a predecessor agency?
(a) If the response is yes, please attach a copy of the
Certificate(s) of Adjudication.
4. Does the applicant have the contractual right to use the surface water
from the entity that enjoys the right to appropriate the surface water
needed for the project?
I
(a) If the response is yes, please forward a copy of the
pertinent contract(s), lease(s) or other contractual
arrangement documenting that the applicant has
the right to use the surface water needed for the project.
Signed the P8 8 day of u ��. , 200
r
(Y
bliltt
Title
1
WRD-208C
Rev. May, 2009
{
before �:.. i o
Sworn to and subscribed rr
h y . n
\L&kjr , 2009.
[SEAL]
Notary Public in an. for the StUe of Texas
My Commission expires:
MARIA V JUAREZ
Notary Public
STATE OF TEXAS
My Com. Exp. 10-254009
009
re
2
Attachment D
Certificate of Adjudication
S25 x 100
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
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ILA am* er iic 4 a tir s/ emus eye d s Mr lIMs*
Uwwat Cwsnedw GrawuiM domiromm, Mk* it SW is M
moth 1 �e CorwiwMa
do WI d ante ON
DOCKET NO. •o -WR
AMENDMENT TO C RTI ICAT
OF ADJUDICATION
APPLICATION NO. 14- 4 4B
Rw� M.... Mast Chid Clod
c-a-k- OCT 2 1 1998
CERTIFICATE NO. I4. 5434B TYPE: §11.122& 11.085
OWNER: Garwood irrigation Company
(Corpus Christi's Right)
Accepted
for Filing:
September 23, 1997
Purposes: Irrigation, Municipal and
Industrial
Watercourse: Colorado River
Address:
P.O. Box 428
Garwood, Texas 77442
Granted: October 7, 1998
Basins: Colorado, Lavaca, Guadalupe,
San A ntorzio, and Nueces
River Basins, and Colorado -
Lavaca, Lavaca-Guadalupe,
San A tonio- Nueces, and
Nueces-Rio Grande Coastal
Basins
WHEREAS, by dal decree of the 264th Judicial District Court of Bell County, in Cause
No 115,414-A, s t, d' a ' • I • Wat t : , , .1 .wxr • e . • , ► *At' tt
the Col tado Fiver - Basin dated September 22, 1 987 and modified by Order dated November 24,
1987 a right was recognized under Certified Filing 398, ais amended, authorizing the Garwood
Irrigation Company to appropriate waters of the State of Texas as set forth Certificate of
Adjudication No 14 -5434; and
WHEREAS, Certificate of Adjudication No. 14 -5434, as issued to Garwood Irrigation
Company, provides that the Certificate Owner has the right to divert and use 168,000 acre-feet of
water per year from the Colorado River at a maximum diversion rate of 750 cubic feet per second
for the irrigation of 32,000 acres of land within the boundaries of tier's service area in Colorado
and Wharton Counties, both in the Colorado River Basin and outside the Colorado River Basin, in
the Lavaca River Basin (the "Garwood Service Area"), with a priority date of ovemb r 1, 1900;
and
WHEREAS, as set forth in Certificate of Adjudication No. 14-5434, Owner also has the
right to maintain a small dam and reservoir on the Colorado River; and
WHEREAS, Certificate o 'Adjudication No. 14 -5434 was amended by issuance ofCerti Scate
of Adjudication No. 14-5434A on March 18, 1993, wbich provides that 35,000 acre -feet of water
Per year, out of the 168,000 acre-foot per year annual authorization, is authorized to be used for
Exhibit A
525 = 80I
irrigation, municipal and industrial primes within the Garwood Service Area (which is located both
within the Colorado River Basin and outside the Colorado River Basin) in addition to irrigation; and
ERAS, Certificate of Adjudication No. 1 -5434, as amended alr ad authorizes hrie an
interbasin transfer of water out of the Colorado River Basin; and
WHEREAS, . Certificate of Adjudication No. 14-5434, as amended by
of
Adjudication No. 14-5434A, is referred to as "Garwood's t "; and
WHEREAS, by instrument entitled' 'Division of Water Right" dated as of January 1997,
Owner divided Garwood's Right into two separate and distinct portions, referred to as (1) "Corpus
Christi's Right and "Garwood's Remaining Right "; and
WHEREAS, under Corpus Christi's Right, Owner is authorized to divert and use 35,000
acre -feet of water per year from the Colorado River for irrigation, municipal and industrial industlial purposes,
at a rate of diversion not to exceed 150 cubic feet per second; and
WHEREAS, under Garwood's Remaining Right, Owner is authorized to divert and use
1 33,000 acre -feet of water per year from the Colorado River for irrigation at a rate of diversion not
to exceed 600 cubic feet per second, and to maintain the small dam and reservoir on the Colorado
River; and
WHEREAS, pursuant to the aforesaid "Division of Water Right," Garwood submitted an
application to the Commission on January 30, 1997, requesting that the Commission amend the
"Corpus Christi's Right" portion of Certificate No. 14-5434, as amended, to the extent necessary,
and that it grant such authorizations as may be necessary, pursuant to any provision of the Texas
Water Code that may a applicable including, without limitation, Sections 1 1.122 and 1 L085, so
that the 35,000 acre-feet of water per annum authorized to be diverted from the Colorado River
under "Corpus Christi's Wight" is:
a. authorized to be diverted anywhere on the west bank of the Colorado River
within three different reaches referred to as Segments "A", and
(which were identified in the notice for this application); and
b. authorized to be diverted from the Colorado River Basin and transferred for
use anywhere within the Lavaca, Guadalupe, San Antonio and Nueces River
Basins and the Colorado-Lavaca, Lavaca- Guadalupe, San Antonio-Nueces,
and Nueces-Rio Grande C astal Basins.
WHEREAS, Garwood further requests that the Commission confinn that "Corpus Christi's
Right", if so amended, would retain the November 1. 1 900 priority date of Certificate No. 14-5434,
but that it be subordinate in time priority and all other respects to Garwood's Remaining Right; and
2
S25 -X02
WHEREAS, in order to facilitate the ommissjon's administration o f w `
water rights, Corpus
Christi's Right, as amended, should be assigned a priority date of November , � 900,
and
WHEREAS, EAS, assigning a priority date of November 2, 1900 to -Co us Christs .'
Right, as
amended, would confirm both the early priori of Corpus Christi's Right, as
� ght, amended, and the
subordination of Corpus Christi's Right to Garwood's Remaining as •
and
Right, requested by Garwood,
WHEREAS, subsequent to the filing of this application, Garwood withdrew its r
� � request to
locate a diversion point within Segment "B", indicating that the diversion point would be either qtr the
existing point of diversion, or within Segment 44A ", or within Segment "C"; and
WHEREAS, Segment A , is a smallreach of the river in Colorado County just upstream
of the Garwood low water dam, on the reservoir created by that dam, with the most upstream
Point A4, bearing N ° 33' E, 6,595 feet from the southeast comer of the Joseph Grant
� uryf
Abstract No. 233, Colorado County, Texas, also being at Latitude 29.5161N and Longitude
etude
96.410W and Point A-2, the most downstream point, bearing N ° 1 ' 6,538 feet from
E, rn the
aforementioned survey corner, also being at Latitude 29.5161N and Longitude 96.41°W;
and
WHEREAS, Segment "C" is located downstream of the existing diversion point in
Colorado,
Wharton and Matagorda Counties with the most upstream point, Point C-1 bearing S ° 14'
35,923 feet from the aforementioned survey corner, also being at Latitude 29.4297'N and Longitude
96.3603 *W and Point C-2, the most downstream point, bearing S 31° 22' E, 256,196 feet from the
aforementioned survey corner, also being at Latitude 28,89°N and Lon itude. .o3 °W. Point
I
is 4 river miles downstream of the FM 950 bridge near Garwood, Texas and Point C-2 is
approximately 8 miles south of Bay City, Texas; and
WHEREAS, EAS, with respect to all relevant hydrological issues, diversion from a p oint within
Segment "A" would be essentially the same as diversion from the existin g point 9f diversion` and
'WHEREAS, the Executive Director has determined that an y riparian ari
air ixnpacts from the
construction, operation or maintenance of any new diversion facilities that might be needed if a new
point of diversion were located within either Segment "A" or Segment "C" would be adequately
e ely
addressed, if necessary, through the authority of Section 401 of the federal Clean Water Act
and
other federal regulations and thus, identification ofa specific fixed point within "
�� *, , � Po th�x� e�thcr Segment A
or Segment does not require further Commission approval; and
WHEREAS, the Executive Director has determined that there is a shortage of water in the
area within � g
which water is authorized to be used under either or both of the water rights for Lake
Corpus Christi and Choke Canyon Reservoir (the "Nueces Water Rights Service Area` • and
WHEREAS, the Nueces Water Rights Service Area includes areas within the Nueces and San
Antonio River Basins, and the Nueces-Rio Grande and San Antonio-Nueces Coastal Basins; and
3
525 =goy
WHEREAS, the Executive Director's stream Uses technical review has indicated that
potential impacts resulting from the additional authorizations requested include the possible
introduction of exogenous species into areas outside the Colorado River Basin; and
THEREAS, the Executive Director recommends that in order to minimize e the potential of
incidental p
incidental transfer of exogenous organisms into arm outside the Colorado River Basin, the method
of conveyance from the Colorado River Basin for use in areas outside the Colorado River Basin,
other than for irrigation in areas within the Lavaca River Basin or the Brims- Colorado or Colorado-
Lavaca Coastal Basins, should be restricted to an enclosed pipeline or similar device from the
diversion point on the Colorado River to the intended water treatment facilities, includin g any
intermediate storage, pumping, or other transportation devices, isolated from natural drainage, or
other similar conveyance system; and
WHER.EAS, Owner has applied for amendments to both Corpus Christi's Right and
Garwood's Remaining Right; and
'BRAS, this Certificate of Adjudication No. 14-5434B is Corpus Christi's Right,
arner d d as requested by Owner; and
WFEEREAS, Certificate of Adjudication No. 14-5434C, issued contemporaneously with this
Certificate, is Garwood's Remaining Right, amended as requested by Owner; and
WHEREAS, the Texas Natural Resource Conservation Commission finds that jurisdiction
over the application is established.
NOW THEREFORE, this Certificate of Adjudication No. 14- (Corpus Christi's Right,
as amended) is issued to Garwood Irrigation Company, subject to the following terms and
conditions:
1. USE AND PLACE OF USE
Under this Certificate No, 14-543413, Owner is authorized to divert and use not to
exceed 35,000 acre -feet of water per annum from the Colorado River for municipal,
industrial and irrigation purposes anywhere within the Colorado, Lavaca, Guadalupe,
San Antonio, and Nueces River Basins, and the Colorado - Lavaca, Lavaca-
Guadalupe, San Antonio -I ueccs, and Nueces -Rio Grande Coastal Basins.
2. DIVERSION'
a. Location:
If the Owner of this Certificate and the owner of Certificate of
Adjudication No. 14-5434C so agree, then water under this
Certificate may be diverted at the existing port of diversion
4
525 -X04
authorized under Certificate of Adjudication No. 14 -54340 for the
Garwood canal system.
(2) Owner shall have the right under this Paragraph 2.a.(2) to designate
one additional point of diversion on the west bank of the Colorado
River, either:
(a)
(b)
at an undefined point of diversion within Segment "A" on the
Colorado River, as such segment is defined in owner's
application, with the most upstream point of the segment
bearing N ° 33' E, 6,595 feet from the southeast corner of
the Joseph Grant Survey, Abstract No. 233, Colorado County,
Texas, also being at Latitude 29.5161N and Longitude
96.41 °W and. the most downstream point of the segment
bearing 1 ° 16' E, 6,538 feet from the aforementioned
survey corner, also being at Latitude 29.516114 and
Longitude 96.41 °W; or
at an undefined point of diversion within Segment "C" on the
Colorado River, as such segment is defined in Owner's
application, with the most upstream point of the segment
bearing S 38° 14' E, 35,923 feet from the aforementioned
survey corner, also being at Latitude 9. 29 °N and
Longitude 96.3603° v and the most downstream point of the
segment bearing S 31° 22' E, 256,196 feet from the
aforementioned survey comer, also being at Latitude 28.89'N
and Longitude 96.034 °W.
Certificate Owner shall have the right under this Paragraph .a. to
designate only one additional point of diversion, as set forth in this
Paragraph 2.a.(2). Certificate der shall designate the additional
point of diversion by giving the Executive Director written notice of
such designation. After designation of the additional point of
diversion, Owner may not move such point of diversion without first
requesting and obtaining an amendment to • this Certificate.
Certificate Owner shall have the right at any time prior to designating
g
the additional diversion point to eliminate one or more of the possible
additional points of diversion, segments or portions of segments by
giving the Executive Director written notice of such action.
b. Maximum diversion rate: 15 cfs (67,350 gpm). If water under this
Certificate is diverted at both points of diversion in .accordance with
Paragraph .a., above, then the maximum combined rate of diversion at any
time shall not exceed 150 cfs (67,350 g rr ).
525 w 90$
c. Transport of water under this Certificate for use in areas outside the Colorado
River Basin, other than for irrigation in area itithin. the Lavaca River Basin
or the Brazos - Colorado or Colorado - Lavaca Coastal Basins, is restricted to
an enclosed pipeline or similar device from the diversion point on the
Colorado River to the 'intended water treatment facilities, including any
intermediate storage, pumping, or other transportation devices, isolated from
natural drainage.
3. PRIORITY
The time priority offer's right under this Certificate No. 14-5434E3 is November
2, 1900.
4. WATER CONSERVATION
a. Certificate Owner shall maintain a water conservation plan that shall provide
for the utilization of those practices, techniques and technologies that reduce
or maintain the consumption of water, prevent or reduce the loss or waste of
water, maintain br improve the efficiency in the use of water, increase the
recycling and reuse of water or prevent the pollution of water, so that a water
supply is wade available for future or alternative uses. Such plan shall
include a requirement in every wholesale water supply contract entered into,
on or aver the issue date of this amendment, including any contract extension
or renewal, that each successive wholesale customer develop and implement
water conservation measures. If the customer intends to resell the water, then
the contract for the resale of the water must have water conservation
requirements so that each successive wholesale customer in the resale of the
water will be required to implement water conservation measures,
b. Prior to the diversion of water for municipal or industrial use win the
service area of the City of Corpus Asti, Owner shall p rovide to the
Executive Director an updated water commotion plan by the City of Corpus
Christi which addresses the issues identified in the Executive Director's
technical review dated August 14, 1998.
5, ADDITIONAL SPECIAL CONDMONS
a. If Certificate der designates the additional point of diversion pursuant to
paragraph .a.2 of this Certificate to be a point within Segment "C"
downstream of the existing point of diversion for Garwood's Right, then: i
Owner shall have a right to divert at such downstream point of diversion with
a November 2, 1 900 priority date only that water which actually passes the
existing point of diversion and which der would have had a right to divert
6
S259O6
under this Certificate of the existing point of diversion; and Owner's right
to divert water that originates below the existing int ordiversion
subordinate to water rights located downstream of the xi t n point ornt of
diversion and amendments of each as of the filing of this application
September 23, 1997.
b. Pursuant to the additional special conditions set forth in Certificate of
Adjudication No. 14.54340 issued contemporaneously with this Certificate
• if the owner of Certificate of Adjudication No. 14-5434C should ever
determine that it is no longer neces or desirable for that owner r to
continue to maintain the small darn on the Colorado River authorized under
Certificate of Adjudication No. 14-5434C, then the owner of Certificate of
Adjudication No. 14-5434C shall give notice of such determination to
Certificate Owner. Certificate Owner will be authorized to maintain the dam
at that time if, but only if: (1) Certificate Owner has the right at that time to
divert water under this Certificate at a point on the reservoir
created by the
dam, and (ii) the Commission enters an order authorizing Certificate Owner
to maintain the dam.
Owner agrees to be bound by the terms, conditions and provisions contained herein and such
agreement is a condition precedent to the granting of this amendment.
All other matters requested in the application which are not specifically granted by '
amendment are domed,
This amendment is issued subject to the Rules of the Texas Natural Resource o `
� nr�lon
Commission and to the right of continuing supervision of State water resources exercised
Commission.
the
Date Issued: ocr 1 3 1998
STATE OF TEXAS COUNTY OF MATAGORDr
1 hereby comfy that ills Instrument was FILED In File lumber
Sequence on the date and at the Urns stamped hereon by me,
and was duty RECORDED 1n_ the OFFICIAL RECORDS of
Matagorda County, Texas on
JAN 1999
114011:4-
TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION
FILEDFOR RECORD
27.'416---/9/i7
JAN 121999
(Q.240
COUNTY CLERK, Matagorda County, Texas
7
Count/Clerk Matagorda a . Texas
Attachment E
Preliminary Engineering Feasibility Report
City of Corpus Christi
Garwood Water Supply Project
Preliminary Engineering Feasibility Report
1.0 Project Purpose and Description
The City of Corpus Christi (the City) currently owns 35,000 acre -feet per year of senior water
rights along the Colorado River. These rights were purchased from the Garwood Irrigation
Company and are not currently being utilized by the City. In the future, the Colorado River will
prove to be a necessary and essential water source for supplying both the coastal bend
community and various industrial customers. The State Water Plan has identified this project as
a primary water supply strategy for the coastal bend region.
The Garwood Water Supply Pipeline and Pump Station will transport water from the Colorado
River, at a location near Bay City, to the West Delivery System located south of Lake Texana.
The project area is shown in Figure 1. The proposed project includes the following facilities:
• Intake Structure and pump station on the Colorado River
• Water Transmission Pipeline from Colorado River to the point of tie -in near Lake
Texana
• Tie-in to the Existing West Delivery System Pump Station to the Mary Rhodes
Pipeline, including regulating tank facilities
• Communication towers or fiber optic communication as needed
After water is transported to the West Delivery System through the proposed transmission
pipeline, the City of Corpus Christi will utilize the existing Mary Rhodes Pipeline to transport
water from the West Delivery System to the O.N. Stevens Water Treatment Plant northwest of
Corpus Christi.
2.0 Service Area Description and Need for Project
The service area for the Garwood Water Supply Project is the coastal bend region which includes
the following counties: Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak,
McMullen, Nueces, and San Patricio. The project will directly supply the City of Corpus Christi,
which in turn sells water to two of the three other coastal bend regional water suppliers.
The need for this project stems from the large projected population growth in the region.
According to the 2005 Initially Prepared Regional Water Plan 1PP, the population in the coastal
bend region will increase from 569,292 in the year 2000 to 885,665 in the year 2060. This is a
projected population increase of 55.6 percent. This projection would call for an increase of
102,641 acre -feet per year of water during those sixty years. The Garwood Water Supply Project
would be able to account for over 30 percent of the required increase in water demand during
that time.
3.0 Population and Water Use Data
The following information found in Tables 1 and 2 was taken from the coastal Bend Regional
Water Planning Area, Volume 1.
Table 1: Historical and Projected Populations for the Coastal Bend Region
Cau
Aransas
Bee
Brooks
Duval
Kenedy
Neberg
Live Oak
McMullen
Nus
1 Sri io
'Total for Fon
7Uojectionsfrorn exas
2 bmpound annual growth rate.
26,030
8,4
X498
543
33,
9,606
789
268,215
58,01
468,25!
y
ater
8,
12,91
OEM
9-
460
30,274
9,556
81
291,145
58,74
32,
7,97
39,
At
� a
41
veEop ent
851
67,1
ward
26,
34,
•
8.607
13,881
42,
467
36,
1a735
920
3581
84,701
2020
30,604
36,
9,
ft.?,
14,528
45,333
40,
495
•
14,929
957
405,492
96,381
2030
37,1
• .#
693,940
9,
•i•
14,882
47,1
523
43,370
15,6
918
447,01
109,61
756,
2040
32,201
37,591
10,288
14,9
47,
44.949
15,01
483,
•
122,54
30,422
37,598
10,
14,56
47,615
529
47,118
13,808
•
83
+516,265
1 ,
Percent
Growth'
28,791
X,
10,
13,81
4#
53
47,21
1Z42
0.24%
0.3700
- 1.35%
- 0.28%
•
853,
146,131
885,
1.25%
0,38%
0.79%
0.73%
0.n3%
0.44%
0.09%
0.28%
0.43%
0.67%
0.02%
-0.12%
0.92%
1.30%
0.82%
Table : Total Water Demand b y type of Use for the Coastal Bend Region (acre-feet/yr)
The projected populations are based upon a consensus "most-likely" scenario of growth.
According to the Coastal Bend Regional Planning Group, this is based on `recent and
prospective growth trends as determined by the opinions of a Technical Advisory Committee
consisting of state agencies, key interest groups, and the general public,"
The projected water use correlates to the projected increase in the region's population. Also
taken into account in these calculations is a declining per capita water use, manufacturing water -
use efficiencies, power generation projections, the production of mineral commodities, estimates
of the maximum livestock carrying capacity of the area's rangeland, estimated number of gallons
of water per head of livestock, and assumptions regarding crop prices, crop yields, agriculture
policy, and technological advances in irrigation.
4.0 Project Schedule
The design and permitting schedule for the Garwood Water Supply Project is shown in Figure 2.
5.0 Benefitting Entities /Utilities
The water from this project will go directly to the City of Corpus Christi. The City also sells
water to the South Texas Water authority (STWA), and the San Patricio Municipal Water
District (SPMWD). Together, these three entities distribute water to cities, water districts, large
industrial facilities located on the La Quinta Ship channel, and water supply corporations
providing water to residential, commercial, and industrial companies.
Fi-
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FORT BEND
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HAD81 Slat= ' .. .•, 10814 Jollyville Road
FILE Bu Iding 4, Suite 100
.,EPAREDB'
tocalian-mx• Austin. TX 78759
Phone: (512) 817 -3110
Es Fax: 512 617 -3101
Date: July 16, 2009 4:39 PM
City of Corpus Christi
Garwood Water Supply Prof
ect
Garwood Vicinity Map
0
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Proposed Alignment Options
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Attachment
Water Project Information Form WR -2 d
A. Project Name
Garwood Water Su
D. Program(s)
TWDB WIF Deferred
Texas Water Development Board
Water Project Information
B. Project No.
WRD-253d
03/08/05
lv Project
E. Loan Amount
$8.0 Million
C. County
Iata' orda and Jackson
F. Loan Term
G. Water Project Description: (Multiphase project, new or expansion; plant, well, storage, pump station, distribution system, etc)
The Garwood Water Supply Project consists of a new pipeline and pump station that will transport water from a new intake structure on
the Colorado River near Bay City, Texas, to the West Delivery System south of Lake Texana. The City of Corpus Christi has water rights
to 35,000 acre -feet per year of Colorado River water at a maximum diversion rate of 150 cfs. From Lake Texana, the water will be
transported to the City of Corpus Christi through the existing Mary Rhodes Pipeline, which has available capacity for this purpose, and
used by the City of Corpus Christi for irrigation, municipal and industrial purposes.
Attach map of service area affected by Project or over documentation.
- - - - -- __ T -__ __ —
H. Other Pertinent Planning Information (Describe)
The project is identified as a primary water supply strategy for the Costal Bend Region in the 2006 State Water Plan.
I. Is an Inter Basin Transfer potentially involved?
Yes X No
K. Projected Population from
application for at least a 20 year
period preferably in 5 year increments.
J. Is project located in a Groundwater District (If yes, identify District by name)?
Yes Corpus Christi guifer Storage and Recovery Conservation District
Reference
Year Year 2010 2015 2020 2025 2030 ' 2035
2005
' Attach justification and list service area Population 579.164 617,143 655,542 693,940 726,184 758,427 784,539
populations if different from Planning Projection
Area.
Project Design Year 2020
L. Current Water Supply Information
Surface Water Supply Name
Ground Water Supply Aquifer
Well Field Location
Design Population
693,542
Annual Amount Used and Unit
M. Proposed Water Supply Information (over loan repayment period
Certificate No. Annual Amount Used and Unit
14 -5434B 35,000 ac -ft
Surface Water Supply Narne
Colorado River
Garwood Irrigation Company (Corpus Christi's Iii ht)
Ground Water Supply Aquifer County
N/A N/A
Well Field Location
N/A
N. Consulting Engineer Narne
John Wolfhope, P.E.
Freese and Nichols, Inc.
9. Applicant Contact Name, Title
Angel Escobar, City Manager, City of Corpus Christi, TX
R. Telephone No.
361-880-3220
Annual Amount Used and Unit
NIA
P. E -mail address
JSW@freese.com
S. E -mail address
'AngelE@cctexas.com
Attachment G
2009
City of Corpus Christi
Water Conservation and Drought Contingency Plan
ilh
....
....., .
...i
City of
Corpus
Christi
City of Corpus Christi
Water Conservation and
Drought Contingency Plan
April 28, 2009
AN ORDINANCE
AMENDING G SECTION 55-151(a), CODE OF ORDINANCES, CITY OF
CORPS CHRISTI REGARDING THE ADOPTION OF THE 2009
CORPUS CHRISTI WATER CONSERVATION AND DROUGHT
CONTINGENCY PLAN; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 55-151(a), Code of Ordinances is revised to read as follows:
"Sec. 55.151. Water conservation and drought contingency plan.
"(a) The City of Corpus Christi Water Conservation and Drought Contingency Plan-2005
2009, dated April .. , e e e - 2 2009 a true copy
of which is on file in the office of the city secretary, is adopted, and shall be followed in
matters concerning water conservation, drought management, and water supply
enhancement programs."
SECTION . If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. That upon written request of the Mayor or five Council members, copy
attached, the City Council 1 finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 28th day of April, 2009.
028141
ATTEST:
Armando Chaps
City Secretary
APPROVED: This 17th day of April, 2009:
R. J yRe ing
First Ass stant City Attorn y
For City Attorney
THE CITY OF CORPS CHRISTI
LwiaI . 4 .1
f 'ry Garr.
M yor
2009 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN 04102009
2
3
Corpus Christi, Texas
day of
2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: lire, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
eery Garr
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli undo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
lif J
14 A ,
_24,______
r4
_Aifr----
4fl4
Q28]41
2009 W ATE SE ATI N AND DROUGHT CONTINGENCY PLAN 04102009
E cutiye Sufr rr3ar 3
Chapter 1 Introduction
Chapter 2 Demand Profile, Targets, and Goals 7
2.1 Demand Profile 7
'2.2 Goals 12
2.3 Utility Profile Survey 13
Chapter 3 Best Management Practices 14
3A Introduction 14
3.2 System Water Audit and Water Loss 14
3.3 Metering of All Connections 17
3.4 Water Conservation Pricing 18
3.5 Prohibition on Wasting Water 20
3.6 Conservation Coordinator 21
3.7 Public Information 23
3.8 School Education 25
3.9 Water -Wise Landscape Design and Conversion Program 27
3.10 Park Conservation 30
3.11 Reuse of Reclaimed Water 32
3.12 Plumbing Assistance 33
Chapter 4 Wholesale Customer Conservation 35
4.1 Summary 35
4.2 Wholesale Customer Targets and Goals 35
4.3 Metering, Monitoring, and Records Management 35
4.4 Leak Detection and Repair 35
4.5 Contractual Requirements
4.6 Targets and Goals 37
4.7 Reservoir System Operating Plan 38
Chapter 5 Drought Contingency Plan 39
.1 Summary 39
5.2 Procedure — Implementation 39
5.3 Procedure -- Notification 39
5.4 Plan Applicability 40
5.5 Enforcement 40
5.6 Emergency Criteria 40
5.7 Descriptions of Trigger Conditions 40
5.8 Target Goals 41
5.9 Wholesale Water Contracts 42
Glossary. 43
Appendix A Utility Profile
Appendix B Water Conservation and Drought Contingency Ordinance
Appendix C Reservoir Operations Plan
Appendix D Water Rates
Appendix E Water Conservation Implementation Report
Executive summary
The City of Corpus Christi has had a nationally recognized water conservation program for the
past 19 ears. The City was first in the state to create a Drought Contingency Plan in 1986
which served as a guide for state officials. Corpus Christi understands the seriousness of
maintaining an active water conservation and drought contingency plan based on historic
drought conditions.
Since 1988, the City's Water Department assigned duties to a conservation coordinator to
develop outreach programs. The building of the Xeriscape Learning Center and Design
Garden has set precedence in commercial landscape ordinance requirements. Development
of educational programs such as Toby Globy Eco- Action, Major Rivers and the Learning to be
Water Wise programs are delivered to local classrooms. These efforts have resulted in
measurable water savings. Total water consumption per person has dropped from 259 gallons
per day in 1988 to 233 gallons per day in 2008.
The City has also worked with its wholesale customers to promote water conservation and to
coordinate efforts during times of water shortage as during the mid-1990s and 2006. This
document contains all of the provisions required in Title 30, Texas Administrative Code
Chapter 288.2 for public water suppliers, wholesale providers, and for a drought contingency
plan. The document is divided into chapters that contain the major elements essential to each
of the regulatory requirements, and appendices that contain legal ordinances enacting the
Drought Contingency and Conservation Plan and water rates, as well as the utility profile and
reservoir operations plan.
Chapter One summarizes the reservoir operating systems that supply the City of Corpus
Christi and its wholesale customers with raw and treated water. Chapter Two presents the
demand profiles and quantifiable targets and goals for the City, indicating that water use is
tracked by customer class, and that the City has related its metered data to its conservation
aims. For example, the City's largest retail customer class is single - family residential at
percent of customers, while the largest customer class by consumption per connection is
i
industrial at 15 million gallons per month. The City projects a 1 percent per year drop in per
capita consumption over the next 10 years, and has a goal to keep system water loss below
10 percent.
Chapter Three includes the 11 conservation best management ent practices that make up the
City's Conservation Program. Mandatory elements, like metering, systems water audits, and
conservation pricing are addressed, as well as voluntary practices like park conservation and
water reuse. The City's conservation program is best known for its educational initiatives
including efforts which target both adults and children. The Xeriscape Learning Center and
Design Garden at the Museum of Science and History has attracted interest from horticultural
and conservation specialists from around the state and the nation, as well as serving as a
resource for school children and adults in Corpus Christi.
Chapter Four includes the provision addressing the wholesale customers, including a
summary of contractual requirements to conserve during water shortages, and targets and
includes goals section for wholesale customers. Chapter Five ncludes a summary of the drought plan
provisions which were enacted by ordinance in 2001, and the water use reduction targets for
the drought plan.
3
RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
REQUESTING FI fANCIAL ASSISTANCE FROM THE TEXAS WATER
DEVELOPMENT BOARD IN THE AMOUNT OF $8,000,000 FOR THE
PLANNING, G, DESIGN, AND PERMITTING ITTING F A PIPELINE AND
RELATED FACILITIES BETWEEN THE COLORADO I IVEF AND THE
MARY RHODES PIPELINE PUMPING FACILITY AT LAKE TEXANA;
A;
AUTHORIZING IZIN THE FILING OF AN APPLICATION FOR ASSISTANCE;
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.
.
WHEREAS, the City Council of the City of Corpus Christi finds and determines that
there is an urgent need to initiate the planning, design, and permitting of a pipeline and
related facilities between the Colorado River and the Mary Rhodes Pipeline pumping
facility at Lake Texana, in order to exercise the City's Garwood water rights; and this
activity cannot be reasonably financed without financial assistance from the Texas
Water Development Board;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That an application is hereby approved and authorized to be filed with the
Texas Water Development Board seeking financial assistance in an amount not to
exceed $8,000,009 to provide for the costs of the planning, design, and permitting
phases of the City of Corpus Christi, Texas, Garwood Water Suppl y Project.
SECTION 2. That the City Manager, 'Angel R. Escobar, be and is hereby designated
the authorized representative of the City of Corpus Christi for purposes of furnishing
such information and executing such documents as may be required in connection with
the preparation and filing of such application for financial assistance and the rules of the
Texas Water Development Board.
SECTION . That the following firms and individuals are hereby authorized and
directed to aid and assist in the preparation and submission of such application and
appear on behalf of and represent the City of Corpus Christi before any hearing held by
the Texas Water Development Board on such application, to wit:
Financial Advisor:
Mark Seal
M.E. Allison & Co., Inc.
950 E. Basse Road, Second Floor
San Antonio, TX 78209
210-9304000
TWDB Grant Application Resolution -- 07202009b
2
Engineer:
John 5. Wolfhope, P.E.
Freese and Nichols, Inc.
10814 Jollyvllle Road, Building 4, Suite 100
Austin, TX 78759
512-617-3100
Bond Counsel:
W. Jeffrey Kuhn
Clayton Binford
Fulbright and Jaworski, LLP
300 Convent Street, Suite 2200
San Antonio, TX 78205
210-224-5575
ATTEST:
Armando Chapa
City Secretary
THE CITY OF CORPUS CHRISTI
Joe Adame
Mayor
APPROVED AS TO FORM: 20th day of July, 200 9.
R. J R ning
First Assistant City Attorney
For City Attorney
-MOB Grant Application Resolution -- 07202009b
Corpus Christi, Texas
of -- ,2009
The above resolution was passed by the following vote:
Joe Adame
Chris I. Adler
Brent Chesney
Larry R. Eli and , Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martine
Mark Scott
TINDB Grant Application Resolution -- 07202009b
3