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HomeMy WebLinkAboutResolution - 2004-R0452 - Resolution Guiding The Sell Or Lease Of Raw Water From Lake Alan Henry - 09_16_2004Resolution No. 2004-R0452 September 16, 2004 Item No. 53A RESOLUTION WHEREAS, the City of Lubbock was issued a Permit by the Texas Water Commission, predecessor to the Texas Commission on Environmental Quality, Permit Number 4146 (the "Permit"), authorizing the City of Lubbock to construct a dam and reservoir on the South Fork of the Double Mountain Fork of the Brazos River; and WHEREAS, the reservoir is known as Lake Alan Henry; and WHEREAS, the Permit authorizes the City of Lubbock to divert and use 35,000 acre feet of water per year from Lake Alan Henry for municipal purposes; and WHEREAS, the Permit does not require the City of Lubbock to maintain a minimum conservation or recreation pool of water in Lake Alan Henry; and WHEREAS, it is the City of Lubbock's desire and intent to market, until such time as the City of Lubbock shall need said water for its own municipal water supply purposes, raw water from Lake Alan Henry, up to and including the maximum amount the City of Lubbock is authorized to divert pursuant to the Permit; and WHEREAS, any such sale, conveyance or lease of raw water from Lake Alan Henry may aid the City of Lubbock in acquiring additional supplies of water for its citizens and/or its efforts to reuse its waste water; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City of Lubbock expresses its intent to sell, convey or lease raw water from Lake Alan Henry to governmental entities up to and including the maximum amount permitted under the Permit without regard to any conservation or recreation pool. SECTION 2. THAT any such sale, conveyance or lease of the raw water from Lake Alan Henry shall not occur until the City Council makes express findings (i) that the City of Lubbock will not need such water for its municipal water supply for a period of at least (20) twenty years; and (ii) that the sale, conveyance or lease of the raw water will assist the City of Lubbock in fulfilling its financial obligations. Passed by the City Council this 16th day of September , 2004. ARC Mc O, GAL, MAYOR ATTEST: -- Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Lou Fox, City APPROVED AS TO FORM: t Richard K. Casner First Assistant City Attorney as/CityAtt/Rich ard/Res.PermitNo.4146 September 8, 2004