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HomeMy WebLinkAboutResolution - 2007-R0352 - Amend Application For Water Use Permit - 07_26_2007Resolution No. 2007-x0352 July 26, 2007 Item No. 6_14 RESOLUTION WHEREAS, on or about September 4, 2003, the City, pursuant to Resolution 2003-R0362, authorized the Director of Public Works to execute and submit applications necessary to appropriate water and/or applications to amend or renew same on behalf of the City; WHEREAS, on or about October 17, 2005, the City filed an application for Water Use Permit, No. 5921 ("the Application"), which, among other things, sought to authorize the construction of two reservoirs, Lake Nos. 7 and 8, on the North Fork Double Mountain Fork Brazos River (the "North Fork"), and the diversion and use of water from said reservoirs; WHEREAS, on or about July 7, 2006, the Texas Commission on Environmental Quality ("the Commission") issued public notice ("the Notice") of the Application; WHEREAS, on or about July 28, 2006, the City caused the Notice to be published pursuant to the Commission's rules and regulations; WHEREAS, on or about August 28, 2006, upon publication of the Notice, ten (10) comments and/or requests for hearing were filed with the Commission; WHEREAS, since August 28, 2006, the City has considered potential amendments to the Application to alleviate concerns raised during the publication of Notice; WHEREAS, the City has determined that the construction of only one of the proposed reservoirs on the North Fork, Lake No. 7, is necessary to affect the purpose and intent of the Application; and WHEREAS, given the public concerns expressed regarding the Application, the City has decided to withdraw its request to construct and impound water in Lake No. 8. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Public Works, on behalf of the City, is authorized to amend the Application, and submit all materials necessary to effect such amendment, so as to withdraw the request to construct Lake No. 8 and store and divert water from therein; and NOW BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Public Works, on behalf of the City, is hereby authorized and directed to file said amendment to the Application and to appear and arrange for the appearances of persons representing the City at any such hearings and/or other proceedings regarding the Application before the Commission, and to otherwise direct prosecution of the Application on behalf of the City. NOW BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Water Utilities, on behalf of the City, is hereby authorized and directed to take any and all actions necessary to cause to be amended the State Water Plan, as in effect on May 1, 2007, and any other plan to remove Lake 8 as a water supply alternative for the City of Lubbock, and to execute and deliver any documents necessary to effectuate such removal. Passed by the City Council this 26th day of July , 2007. ATTEST: Reb ca Garza, City Secretary APPROVED O CONTENT: Thomas Adams, Deputy City Manager APPROVED AS TO FO c� Richard K. Casner, First Assistant City Attorney ml/ccdocs/Amend App for Water Use Permit No5921-res July 17, 2007 DAVID A. MILLER, MAYOR Page 2