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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 .. na trAn a pus cvurrrra MVO 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- /".t. FORT BEND Needvil 0 0 Wharton V /si111a AMA, M, �ra�nrre�s���►ps� a1 il■iNili� ■��a„ s� mil N�w, Tezas�������j�i� amsikek, 47-7 re 1.,471;.: ex., i*,,,, WHARTON El Campo CIA Colorado River Ganado Bay City Edna 0 MATAGORDA VICTORIA IA Point Comfort ort Lavaca ALHON FM PROJECT NO. DATE AIWA & OOORth ATE SYSTEM R Jyk Fetes* and Nichols 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 - 5 Legend Proposed Alignment Options Option 1 - Option 't0 15 Miles Fife: H :\PIPES j'UMP \FI AL EXHIBIT \Lo atiof.rrixd Prepared By: ces FIGURE 1 f 711 ▪ Li e s 4 CI 6 . " a 1 c co uJ c 0 a f - — 1 . g • ch ae• e gRa • .... i • 2 2 c 8 0 • 0 1 a a 01 0. 0 ...... ... +.,+.i +.....•... +.., ... ... ... ...} ..... . i.,tr., .... .r .+., +. w,.,,x,t............,...i.......- •.r....,..,....,.. K..aw. +. 1 § § § § § § U. 11111111/!! a iiiE Y iI S c a 0 F 2 8 1 1 W Y. — if E ig 0, 1 I I 1 i I i Q'' i GI 11 i w co 2 I I cE Egill N 1 1 5 g i! ;el °Igit,F21 ss filliti -11 0 11,3'6 ; 6.- c .. :g1 1Sniv 1i I I � k , 0 0) 9 o ti 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