HomeMy WebLinkAboutResolution - 984 - Application - TDWR - Appropriate Water For Secondary Use, Lake Meredith - 12_10_1981'� ip 198"V
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RESOLUTION 984 - 12/10/81
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Application to
be filed with the Texas Department of Water Resources which application request:
a permit for the City of Lubbock to appropriate and make secondary use of the
City's water supply from Lake Meredith.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized to execute any
amendments to the foregoing application or any other instruments necessary to
complete this proceeding before the Texas Department of Water Resources.
Passed by the City Council this LOth day of DotsmbQv ,1981.
BILL c ISTER, MAYOR
ATTEST:
Evelyn Caffga, 'pity Secret6iy-Treasurer
ZAPPRD AS TO CONTENT:
Sam Wahl, Director of Wate ities
APPROVED AS TO FORM:
/John C. Ross, Jr., City Attorney
RESOLUTION 984 — 12/10/81
• ' CITY SEC RETARY-TR ASURER
TDWR Copy, Compete and Return
TEXAS DEPARTMENT OF WATER RESOURCES
APPLICATION FOR PERMIT TO APPROPRIATE WATER FOR SECONDARY USE
(SECTION 11.121, TEXAS WATER CODE)
Application No.: Date Received:
Hearing Set For: Date Granted
----------------------------------------------------------
1. Personal Data of Applicant:
A. Name: City of Lubbock
B. Mailing Address: P. O. Box 2000, Lubbock, Texas 79457
C. Telephone No.(s): Home: Office: 806-762-6411
D. Social Security or Federal I.D. No.:
2. Dam and Reservoir Information and Data: See Supplement
A. -Type of Storage Reservoir: ❑ on -channel ❑ off -channel Date of Construction:
B. Location of Structure:
(1) Watercourse: tributary of
tributary of tributary of
tributary of Basin.
(2) From County Seat and nearby town:
a. Location from County Seat: miles in a direction
from County, Texas.
b. Location from nearby town (if other than County Seat):
miles in a direction from , a nearby
town shown on county highway map.
(3) Station on the centerline of the dam is
(bearing) feet (distance) from the corner of
Original Survey No. , Abstract No.'_, in County, Texas.
(4) Location of Dam: Original Survey No. ,
Abstract No. , in County, Texas.
C. Reservoir:
(1) Acre-feet of water impounded by structure at normal maximum operating level:
(2) Surface area in acres of reservoir at normal maximum operating level:
D. (1) If this is a U.S. Soil Conservation Service floodwater -retarding structure, provide the Site
No. and watershed project name
(2) Do you request authorization to close the "ports" or "windows" in the service spillway?
❑ Yes ❑ No
E. The drainage area above the dam is (Acres or Square Miles).
3. Appropriation Request: Secondary Use of Municipal Sewage Effluent
A. Appropriated water will be used as follows:
Purpose* Place of Use Acrc-Feet Per Annum
Irrigation Lubbock and
(1) (water supply) Lynn Counties 18,430 acre—feet
(2) Industrial Southwestern Public 4,480 acre—feet
(3) Service Company
*If irrigation, list crop(s) to be irrigated
B. Diversion: City'�of Lubbock Southeast Sewage Treatment Plant —See Permit
(1) Nc):ocationor point of diversion , (bearing) feet
(distance) from the corner of Original Surrey No.
, Abstract No. , in County, Texas.
TDW R.0160 (Rev. 4.16.80)
Pepe 1 of 2
(2) Location from nearby town: miles in a direction from
, a nearby town shown on attached vicinity map.
(3) The diversion will be: (check all appropriate boxes and if applicable, indicate whether
existing or proposed)
❑ a. Directly from the stream
❑ b. From an (❑ existing or ❑ proposed) on -channel reservoir
❑ c. From a stream to an (❑ existing or ❑ proposed) off -channel reservoir
❑ d. From an (❑ existing or ❑ proposed) off -channel reservoir
id e. Other method (Explain fully — use additional sheets if necessary)
(4) Rate of Diversion:
a. Maximum gpm
b. Diversion Facility
1. If by pumping plant: 2. If by gravity: (check applicable
a. Number of pumps provision)
b. Type of pump ❑ a. Headgate
C. Pump capacity each pump ❑ b. Diversion dam
❑ c. Other method (explain fully-
gpm use additional sheets if
d. Portable pump ❑ Yes necessary)
❑ No
C. Return Water or Return Flow: None
Water which is diverted but not consumed as a result of the above stated use will be returned to
tributary of tributary of
Basin, at a point which is (bearing)
feet (distance) from the corner of Original Survey No.
Abstract No. in County, Texas. Annual amount of
return flow to said stream will be acre-feet.
D. Surplus Water: None
Water which is diverted but not used beneficially will be returned to tributary
of tributary of
Basin at a point which is ° (bearing) feet (distance) from the
corner of
in
4. General Information:
_Original Survey No. , Abstract No.
County, Texas.
City of
A. The proposed -(existing) works will be (are) located on the land of Lubbock whose
mailing address is fox 2000, Lubbock, Texas 79457
(If applicant does not own land and does not have the power of condemnation, a copy of the
easement or option for easement must be furnished.)
B. The lands proposed to be irrigated are described in a supplement attached to this application or on
the application plans and contain acres in the Original Survey
No. , Abstract No. , in County, Texas. Out of this
area acres will be irrigated in any one year. The applicant(s) must provide a copy of the
Warranty Deed(s)' describing the applicant's overall tract with the recording information from the
county deed records. (In the case of individuals, all owners of the land to be irrigated must join in
the application.)
C. If a permit for the appropriation is granted, either in whole or in part, construction works will be
begun within after such permit is issued. The proposed work will be
- - completed within from the date of issuance of permit.
5. Maps, plats, and drawings accompany this application as required by the Board's Rules.
Witness �y hand at —3 xas, thi I
December 119 81. / / ��
day of
Bill McAlister. Ma o
Sub cribed and sworn to -as being true and correct before me on this the — day of
, i9 n
4C&� / - Z42z�
TDWR-0160 (Rev. 4.16-80) Notary Public, County, Texas.
Page 2 Of 2 -
Supplemental Information
City of Lubbock
Secondary Use Application
The Water Supply Contract between the Canadian River
Municipal Water Authority and the City of Lubbock, dated
January 9, 1961, is attached hereto as Exhibit A. This
contract effectively grants the City of Lubbock a permanent
contractual water right for up to 12,438 million gallons per
year of water from Lake Merideth. The Canadian River
Municipal Water Authority's authority to appropriate this
water and sell it to the City of Lubbock is provided by
Permit No. 1815, attached hereto as Exhibit B.
The discharge of municipal sewage effluent from the
City's Municipal Sewage Treatment Plant (Southeast Plant) is
governed by Permit No. 10353-02, a copy of which is attached
hereto as Exhibit C. Permit No. 10353-02 is a no -discharge
permit, requiring the City to dispose of municipal sewage
effluent by irrigation.
The total appropriation requested, 22,910 acre-feet per
annum, is 60% of the City's annual allotment from Lake
Merideth.
The City requests that it be considered a water supplier
for purposes of the secondary use of irrigation so that
irrigation rights do not attach to the irrigated lands.
Discharge Permit No. 10353-02 requires the City to maintain
long-term contracts on irrigated land and to file copies of
these contracts with the Texas Department of Water Resources.
Although a transwatershed transfer is involved because
Lake Merideth is located in the Canadian River Basin, the
requirements of Rule 156.02.15.013 are satisfied by the
authorization contained in Permit No. 1815.
Applicant respectfully requests a waiver of Rule
156.02.15.016 (Storage Facilities), Rule 156.02.20.001-.003
(Maps, Plats and Drawings), and Rule 156.02.25.001-.003
(Additional Requirements for Irrigation) for the reason that
these rules contemplate the appropriation of state water for
primary use and are not applicable to the City's application
for an appropriation of municipal sewage effluent for
secondary use.
Applicant further states that the requirements of Rule
156.02.15.011 (Source of Supply in Another's Reservoir) are
satisfied because the City's contract for Lake Merideth
water qualifies as a sale of untreated water conveyed by a
supplier through a canal, pipeline, or aqueduct for the
purpose and for the use in the area authorized in the water
right, Rule 156.02.50.002(1).
Applicant further advises the Commission that groundwater
is currently the source of approximately 25% of the effluent
discharged by its Municipal Sewage Treatment Plant. Such
discharge is not state water (see, Adjudication of Water
Rights in the Salt Fork and Double Mountain Watersheds of
the Brazos I Segment). An appropriation of this water is
not requested by this application.
12/1/81
AF5100360C
C O N T R A C T
between the
CANADIAN RIVER MUNICIPAL WATER AUTHORITY
and the
CITY OF LUBBOCK, TEXAS
for providing a
MUNICIPAL WATER SUPPLY
CONTRACT BETWEEN THE CANADIO RIVER I=CIPAL WATER AUTHORITY
AND THE CITY OF LUBBOCK, TEXAS
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
1
2
3
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Preamble------------------------------------------------ 1
WhereasArticles---------------------------------------- 1
GeneralDefintions-------------------------------------- 1
Plan---------------------------------------------------- 2
Construction repayment obligation----------------------- 3
Operation and Maintenance Charges----------------------- k
WaterSupply-------------------------------------------- 5
Water Shortages --------- r------------------ ------------- 6
Control of Water---------------------------------------- 6
Point of Delivery--------------------------------------- 6
Allocation of Aqueduct Capacity------------------------- 6
Obligation to Complete Project------------------------- 7
Pledge of Contract-------------------------------------- 7
Project Alterations and Repairs------------------------- 7
Limitation on Financial Liability of City--------------- 8
WaterMeasurement--------------------------------------- 8
Contract Contingent Upon Construction of Project-------- 8
Easements----------------------------------------------- 9
Certification------------------------------------------- 9
Benefits Conditioned Upon Payment----------------------- 9
Term of Contract---------------------------------------- 9
Rates and Charges by the City--------------------------- 10
City Obligation not Separable--------------------------- 10
Access to Books and Records----------------------------- 11
Determinations------------------------------------------ 11
Penalty for Delinquent Payments------------------------- 11
Default------------------------------------------------- 11
Notices------------------------------------------------- 12
Subject to United States and Authority Contract--------- 12
Assignments by City------------------------------------- 12
Nondiscrimination in Employment------------------------- 12
C O N T R A C T
between the
CANADIAN RIVER MUNICIPAL WATER AUTHORITY
and the
CITY OF LUBBOCK, TEXAS
for providing a
MINICIPAL WATER SUPPLY
THIS CONTRACT, made this/1 day ofy;` 44�L{,�{i
between the CANADIAN RIVER MUNICIPAZ-WATER AUI'IiORM, an auttlq it ty duly
created and existing under the laws of the State of Texas, and the CITY
OF LUBBOCK, a municipal corporation in the State of Texas acting by
virtue of authority of general law.
WITNESSETH THAT:
WHEREAS, the Authority has contracted or is negotiating with
the United States for payment of the reimbursable costs of construction,
operation, and maintenance of the project works of the Canadian River
Project, Texas, which project is designed to provide a municipal water -
supply for member cities of the Authority, and
WHEREAS, the City desires to secure a municipal water supply
from the Authority, and
WHEREAS, construction of the project depends upon the negotiation
of a sufficient number of contracts for a municipal water supply from the
project, and a number of water users within the boundaries of the Authority,
and possibly others outside the Authority, must execute contracts to receive
a share of the project water supply;
NOW, THEREFORE, in consideration of the mutual and dependent
covenants herein contained, it is mutually agreed between the parties
hereto as follows:
GENERAL DEFINITIONS
1. Where used in this contract,
a. United States - Shall mean the United States of America,
acting through the Secretary of the Interior, or his duly authorized
representative.
1
Lubbock, Texas
b. Authority - Shall mean the Canadian River Municipal
Water Authority, an authority duly created and existing under the laws
of the State of Texas, acting through its Board of Directors.
c. City - Shall mean the City of Lubbock, Texas.
d. Member City - Shall mean a city, town, or municipality
which is a member of the Authority and is contracting for project water.
e. Dam and Reservoir - Shall refer to the Sanford Dam and
Reservoir on the Canadian River used for storing and regulating project
water, including all lands and rights of way.
f. Project - Shall mean the Canadian River Project, Texas,
as authorized by the Act of Congress dated December 29, 1950 (64 Stat. 1124).
g. Project Water - Shall mean water available for use
through the project works for municipal and industrial purposes.
h. Project Water User - Shall refes•to all member cities
and other contractors, their successors and assigns, which have contracted
with the Authority to receive a portion of the project water supply.
i. Aqueduct - Shall mean the project system for transport-
ing stored water to the points of delivery established for the project, and
includes all pipelines, conduits, punping facilities and related works, and
the land and rights of way for such works and facilities.
j. Repayment Contract - Shall mean the contract, or contracts,
between the Canadian River Municipal Water Authority and the United States
of America for construction of the project.
k. Normal Water Supply - Shall mean the amount of water which
studies indicate will normally be available from the project for delivery
each calendar year. Allocations of water are based upon an estimate of
103,000 acre-feet (33,563 million gallons) to normally be available for
release from the reservoir each year.
1. Year - Shall mean the period January 1 through the next
following December 31.
PLAN
2. This contract between the City, which owns and operates its
water distribution system, and the Authority is for requiring the Authority
to make available for delivery to and use by the City, all or part of the
municipal water supply to be used in or for the distribution system of such
City. This contract provides for payment solely out of the water system
revenues of such City and all moneys herein required to be paid by the City
shall constitute an operating expense of the City's water system, and the
2
Lubbock, Texas
City shall fix and maintain rates and charges for services rendered by
such water system as will be sufficient to pay the expenses thereof,
including those contemplated by Articles 1109e, 1109g and 1113,
Vernon's Texas Civil Statutes.
CONSTRUCTION REPAYMENT OBLIGATION
3. In consideration of the allocation to it of 37.053 percent
of'the normal water supply from the project, or a like percentage of any
lesser available supply, the City shall pay to the Authority 15.752 per-
cent of the actual reimbursable cost of constructing the dam and reser-
voir, and 50.975 percent of the actual cost of constructing the aqueduct
all as determined by the United States. Such construction charge obli-
gation shall be paid in fifty (50) successive annual installments as
follows, based upon a total construction obligation allocation to the
City of $37,548,000, plus interest during construction and interest on
the unamortized balance thereof at the rate of 2.632 percent.
FULL CALENDAR:ANNUAL
:FULL CALENDAR:ANNUAL
:FULL CALENDAR: ANNUAL
YEAR AFTER :CONSTRUC-:YEAR
AFTER : C014STRUC
-:YEAR AFTER :CONSTRUC-
CONd•JENCEMENT MON
:CM1ENCEMENT MON
:COYMENCE140T MON
OF SERVICE :SERVICE
:OF SERVICE :SERVICE
:OF SERVICE :SERVICE
:CHARGE
:CHARGE
:CHARGE
1
952,400
18
1,587,100
35
1,634,600
2
990,100
19
1,61g,ioo
36
1,634,600
3
1,028,500
20
i,6�4,600
37
1,635,200
4
1,o66,800
21
38
5
l,lo4,500
22
39
6
1,142,80o
23
40
7
1,181,100
24
41
8
1,219,100
25
42
9
1,257,200
26
43
1,635,200
10
1,295,000
27
44
1,635,500
11
1,333,300
28
45
12
1,371,100
29
46
13
1,4o9,400
30
47
1,635,500
14
1,447,700
31
48
1,635,600
15
1,485,400
32
49
16
1,523,800
33
50
1,85,600
17
1,555,700
34
Should construction costs payable by the Authority to the United States
vary from $92,960,000, the amount upon which annual installments are
established for repayment by the Authority, the amounts designated in
the preceding table shall be adjusted, but not increased unless the City
has executed an emendatory contract or contracts by which it agrees to
pay an increased amount. The City may make additional payments on the
construction repayment obligation at any time, whereupon appropriate
adjustments in the schedule of future payments will be made. Under the
3
All
terms of the contract between the Authority and the United States, each
annual installment due the United States shall become due and payable on
or before October 1 of each year coranencing with the year immediately
following that in which a notice is given by the United States stating
that the project is sufficiently complete to permit the initiation of
water deliveries and water is available to 'serve member cities, if such
notice is given prior to October 1, otherwise to commence in the second
calendar year .fter such notice is given. be first annual construction
repayment obligation payment by the City to the Authority shall become
due and payable on or before September 1 of the sane year in which the
first installment is due and payable by the Authority to the United
States. Subsequent installments shall become due consecutively on
September 1 of each succeeding year. Payments shall be made on the
basis or the above table until all project costs are finally determined
by the United States and reported to the Authority at which time a
revised schedule of payment shall be prepared based upon the sane ratio
of annual repayment as was used in preparing the above table. Payments
thereafter shall conform with that tattle. If construction of the
project wori.s shall :lave been co=menceG; but is tenainated prior to
completion by reason of lack of funds or failure to secure tie necessary
etnennatcr�y contracts, then the City shall pay to the Authority its
percentage share of the total amount theretofore incurred or obligated
by the Authority at such time and in such manner as will permit the
Authority to meet its obligation to the United States.
0P7rA==OI' �L 7 i e;1_:�"`LI;C� CPPDCE3
k. a. At = appropriate neeting in each calendar year, in no
event, however, to be later than IloVer;oer 1, the Board of Directors of
the Authority shall determine the total charges estimated to be required
during the next year for operation and maintenance of the project includ-
ing accumulating the necessary reserve funds. A detailed budget shall
be made available to the City at least two weeks prior to the Board
neeting for review and co:..ment.
b. lne City shall pay its share of the total operation
and =aintenar_ce charges required to deliver water to the City, on the
basis of the advance estimates prepared by the Authority. At the end of
each year an adjustment will be made in the operation and maintenance
charges to reconcile the charges With cctual costs, reserve fun_ require-
ments, and water uses.
c. Payment of all operation and maintenance charges due
from the City shall be made by the City to the Authority on such dates
and in such amounts as are designated by the Authority to provide it
with funds when needed, as determined by the Authority, provided that
no installment shall be due and payable before the day upon which the
project is sufficiently complete to perrdt diversion by the City of
the supply of water allocated to it in this contract, or when the
Lubbock, Texas
project works shall be deemed to have been completed within the meaning
of the contract between the United States and the Authority for con-
structing and financing the project, all as set forth in a prior written
notice by the Authority to the City. Whenever collections from all
sources are insufficient to defray Authority operation and maintenance
expenses and payments, proportionate additional payments may be required
through supplemental notice to the City at least sixty (60) days in
advance of the effective date. Such notice shall set forth the justi-
fication for the increase in full detail.
WATER SUPPLY
5. a. Quantity - For and in consideration of the payments
required to be made under this contract, the Authority agrees to make
12,438 million gallons of untreated project water available to the City
for municipal and industrial use during each year of normal supply,
which is the City's pro rats, share of the project normal water supply.
b. Allocations - Nothing in this contract shall be
construed as restricting the right of the Authority to enter into firm
contracts for delivery of the entire estimated normal water supply of
the project, provided, however, that all such contracts shall recognize
the right and responsibility of project water users to share in the
normal water supply in the ratio of their contract rights. During
periods of scarcity when rationing is in the opinion of the Authority
required, the allocation of a lesser volume than listed in Article 5a
shall not affect the continuing obligation of the City to make the
payments provided in this contract.
c. Quality of water - Water delivered to the City under
this contract shall be as received from storage in the Sanford Reservoir.
d. Unit of Measurement - The unit of measurements for
water delivered hereunder shall be 1,000 gallons of water, U. S.
Standard liquid measure.
e. Allocated Water not Used - If the City does not use
the total amount of water to which it is entitled in any particular
year, it shall not retain any carryover rights into succeeding years.
f. Other Uses - It is understood that the Project is
authorized for the purpose of irrigating land, delivering water for
industrial and municipal use, controlling floods, providing recreation
and fish and wildlife benefits, and controlling and catching silt. The
supply to be available for City use and the price it pays for water may
Lubbock, Texas
reflect apportionment among these purposes or regulation of releases to
coordinate all listed benefits.
g. Surplus Water - All project water available for use
in excess of the normal water supply, as determined by the Authority,
is hereby defined as surplus water. Surplus water may be disposed of
by the Authority for municipal and industrial purposes on such terms or
at such rates as are established by it.
WATER SHORTAGES
6. On account of drought or other causes beyond the reasonable
control of the Authority, there may occur at times during any year a
shortage in the quantity of water available for transmission to the City
by the Authority pursuant to this contract. In no event shall any
liability accrue against the Authority, the United States, or any of
their officers or employees for any damage, direct or indirect, arising
out of any such shortages.
CONTROL OF WATER
7. Right and responsibility for the control of all waters of
the project to the point or points of delivery shall remain in the
Authority or the United States. Upon passing through the Authority's
meter installed at the point or points of delivery, right and respon-
sibility for the control of water shall pass to the City.
POINT OF DELIVERY
8. Deliveries of water to the City shall be made at one
point on the aqueduct system, which point shall be designated by the
City in advance of construction. A location map or plat showing the
proposed location of the aqueduct will be available for use by the
City in selecting its point of delivery. Thereafter, the City may
request that all or any part of its share of the project water supply
be delivered at the dam and reservoir, or may request deliveries at
additional points on the aqueduct where the City has reserved
aqueduct capacity. Upon approval of such request for a change in
the point of delivery or for additional points of delivery, the
cost of new connections as determined by the Authority shall be
advanced by the City as provided in Article 14.
ALLOCATION OF AQUEDUCT CAPACITY
9. In the event the combined demand of all water users at
a given time for the delivery of water shall exceed the carrying
capacity of the aqueduct to the proposed point of diversion, deliveries
to project water users will be made equitably on the basis that the
maximum rate of delivery to each project water user will be in pro-
portion to its share of the designed capacity of the aqueduct. When
the carrying capacity of the aqueduct is taxed to its limit, the rate
of delivery available for serving the City shall be at least 41.69
million gallons daily (64.50 cubic feet per second). The rate of
All
delivery will be increased when possible without infringing upon the
rights of others, giving consideration to the demands made by all project
water users and the relative rights of each which remain unused for the
year. The determination of availability of water from time to time,
and quantity, shall be made by the Authority, whose determination shall
be final.
03LIGATIOy TO CWTLETE PROJECT
10. The obligation of the Authority to contract for payment
of the reimbursable costs of construction, operation, and maintenance
of the project shall be conditioned upon the execution of contracts with
sufficient .rater users to produce revenues which, in the judgment of the
Authority and the United States, will repay the costs of constructing
and operating the project water supply and distribution system. If con-
tracts are not secured whereby such estimated costs of the Authority can
be met, the Authority shall notify the City, whereupon this contract will
be voided.
PI`E" ^E OF COMIRACT
11. This contract, or the repayment obligations assumed by
the City under it, may be pledged or assigned by the Authority to the
United States as sec•, ity for repayment of the Authority obligation
for construct' -on, operation, and maintenance of the project, but only
together with other lfl e contracts with all project water users
covering the disposition of the major portion of the project normal
water supply.
PROJECT AIT`'J,AT_ONS AND REPAIRS
12. It is expressly recognized by the City that the Authority
aa.y be co^elled to make necessary alterations, repairs, and installa-
tions of new or acdit_ona equip--nt from time to time during the life
of t '_s contract, and any suspension of delivery to the City due to such
work snail not be cause for claim of damage on the part of the City.
Eowever, every reasonable effort shall be made by the Authority to pro-
vide the City with water in 'accordance with this contract. In cases of
necessary s::spension, the Authority shall give the City as much advance
notice as is practicable, in no event to be less than fifteen (15) days,
and set forth the estLnated duration thereof. In the event any project
facility instrumental in the delivery of water to the City is destroyed
or damaged as the result of any cause, whether by force majeure or
otherwise, so as to zake deliveries of water requirements as herein
specified impossible, the Authority shall, to the extent of available
resources, i=ediately proceed to restore said project facilities.
Each City assum°s the responsibility for maintenance of its distribu-
tion system from the point of connection with the aqueduct and agrees
that its system shall be constructed and maintained to result in a
minimum of waste. Should the Authority determine that any part of the
City system is causing unreasonable waste, it shall notify the City,
and upon fail -are of the City to remedy the situation, at its option the
Authority may discontinue or limit deliveries until the condition
complained of has been corrected.
All
LL►YffTAT=ON ON FINANCIAL LIABILITY OF CITY
13. The City is obligated under this contract to pay its
share of the costs of construction, operation, and maintenance of the
project. Nothing herein shall be construed as prohibiting the Authority
from making reasonable rate increases to cover expenses authorized by
this contract.
WAT2 MEASUREI MN'T
!4. a. Water sh-_l be metered at the point or points of
delivery. The Authority shell furnish, install, operate and maintain at
its own ex-eer_se at said delivery point a master meter of standard type
for measurimg properly- the quar_tity of vzter delivered under this contract.
Akters for more than one point of delivery requested by the City shall be
furnished, insta-ed, operated, and maintained by the Authority, with the
cost cf the meter and its installation to be paid by the City. The City
m_y, at its o-ption ani e=cnse, install, operate and maintain at said
delivery points, a cheer, meter or meters of standard type. The City shall
have a:.cess to Pli such zn ter=r_g equipment at all- reasonable times, but
the re=di^g, calibration, and adjustment of the Authority's master meter
shall be done on y by erTIo;-ees cr agents of the Authority. The Authority
shall keep a tree record of all meter readings as transcribed from the
=Euo_ts o` the Authority's erp'_oyees or agents with respect thereto.
Lyon written request of the City, the Authority will give it such infor-
mation f.s it ma—.1 _ Zc::est from t^�a A; thcrity's journals or record books or
permit the City to have ac:ess to the same in the office of the Authority
during business hours.
b, l.e Autror_ty shall calibrate its metering equipment
as often as it ccnside_s necessary and at such times as the City may
show reasonable e;-i?.ence of en or. if upon any test, the percentage of
any inaccuracy thereof is founE to be in excess of 2 percent, registration
thereof srr_' be corrected fcr a period extending back to the time when
such inaccuracy began if such time is ascertainable, and if not, then for
a period extending back one-half of the time elapsed since the last date
of calibration, but ir_ no evert further back than a period of six months.
In the evert the City has provided no check meter with reference thereto
and if for any reason any m.==.seer meter is out of service or out of repair
so that the amount of water deliverei cannot be ascertained or computed
from the reading therec_', the weer delivered during the period such
meter is out of ser•.,ice or m_t of repair shall be agreed upon by the
parties thereto, by correcting the error if the percentage of the error
is ascertainable by calibrsc:on tests or mathematical calculations, or
by estimating the quantity of delivery by the deliveries made during
preceding periods ;:: Cr si`'lar conditions when the meter was registering
accuratel .
CONTRACT CON'P1:'1GE 'U. UPON CONSTRUCTION OF PROJECT
15. This contract shall not be valid and binding unless the
repaym"nt contract between. tl!e Authority and the United States is
confirr—id. M--e A.: cr_4y agrees to proceed promptly and to the best
8
to/2o/6o
of its ability for securing construction of the facilities necessary
for the performance of its obligations hereunder and to negotiate all
contracts necessary to finance the construction of such facilities. It
is understood that at this time the Authority is not in a position to
guarantee the undertaking of the construction of the facilities or the
date upon which it will be able to make the first delivery of water to
the City. The Authority shall not be liable to the City for any damages
occasioned by any delay in the commencement of such service to the City.
EAMENTS
16. The Authority is hereby granted the right to use any
.easements, right-of-way, or property held by the City for the purpose
of making connections to the point or points of delivery and the
placing of necessary equipment to carry out the Authority's obligation
to deliver water to the City, including related operation and maintenance.
CERTIFICATION
17. The City certifies and recites that the execution of
this contract is duly authorized by law and by h'majority of the resident
qualified electors owning taxable property in said City and who have
duly rendered the same for taxation, voting at an election held for that
purpose within said City; that all acts, conditions, and things required
to exist precedent to this contract, to render the same lawful and valid,
have been properly done, and happened, and have been performed in
regular and due time, form and manner as required by the consitution
and laws of the State of Texas, and that this contract does not exceed
any constitutional or statutory limitations, and that provision will be
made for all payments due hereunder by irrevocably pledging to the pay-
ment hereof sufficient revenues of the waterworks system of the City.
The City warrants and guarantees that it has not obligated itself, and
is not now bound by the issuance of prior bonds or otherwise in such a
manner that prohibits or makes inoperative any of the terms, conditions,
or obligations herein provided.
BENEFITS CONDITIONED UPON PAYMENT
18. Should any charges or payments required by the terms of
this contract and levied against any water user be judicially determined
to be irregular or void, or the City or its officers be enjoined or
restrained from making or collecting any charges as provided for herein,
such user shall have no right to any of the benefits of this contract
and no water shall be made available from the project for such user.
If it is judicially determined that the City is not authorized to
accomplish collections necessary for the sale or distribution of water
to meet its obligations under the contract, the Authority is hereby
authorized to sell water direct to those using the City supply and
apply net revenues therefrom to the credit of the City's account.
TERM OF CONTRACT
19. This contract shall be effective on execution and shall
continue until the construction repayment obligation is paid in full.
All
fa3
Upon the expiration of said term the City shall have a vested right to
renew said contract indefinitely at appropriate annual service charges
so long as a water supply may be available and the City is current on
its payments for water service. After the construction repayment
obligation is paid, succeeding payments shall be the estimated amounts
which will be required to meet the City's proper share of the Authority's
obligations.
RATES MM CHARGES BY THE CITY
20. a. City shall fix and collect such rates and charges
for water and services to be supplied by its waterworks system as will
=ake possible the prompt payment of all expenses of operating and
maintai.-iing its waterworks system, the making of all payments contracted
hereunder, and the prompt payment of the principal and interest on all
of its obligations payable from the revenues of its waterworks system.
Me City may in its discretion, as permitted under laws at the time
effective, appropriate money from any sources for the purpose of relieving
the necessity of increasing the said rates and charges for water service.
b. The Authority shall never have the right to demand
payment by the City of any obligation assumed or imposed on it under and
by virtue of this contract from funds raised or to be raised by taxation.
The City's obligations under this contract shall never be construed to be
a debt of the City of such kind as to reauire it under the Constitution
and laws of the State of iaxas to levy and collect a tax to discharge
such obligation, it being expressly understood by the parties hereto that
all payments due by the City hereunder are to be made from crater
revenues received by the City.
c. The City represents and covenants that all payments
to be made hereunder by it shall constitute Operating Expenses of its
waterworks system as defined in Article 1113, Vernon's Texas Civil
Statutes.
d. Should the City fail to collect charges due from
any water user, or should the City be prevented from collecting such
charges by any judicial proceeding, or otherwise fail to collect them,
no such water user shall receive water available under this contract.
The Authority reserves the right without liability to refuse delivery
of water to the City in the event the City fails to,pay charges at the
time and in the manner and amounts provided for in this contract.
CITY OBLIGATION NOT SEPARABLE
21. The City as a whole is obligated to pay to the Authority
the charges becoming due as provided in this contract, notwithstanding
the default in the payment to the City by individual water users of
charges fixed by the City.
10
All
ACCESS TO FAOIM AND RECORDS
22. Each party shall have the right, during office hours,
to inspect and to make copies of the other party's books and cfficial
records relating to matters covered by this contract.
DEMUNMZATIONS
23. Where the terms of this contract provide for action to
be based upon the opinion or determination of either party to this
contract, Whether or not stated to be conclusive, said terms shall not
be construed as permitting such action to be predicated upon arbitrary,
capricious, or unreasonable opinions or determinations.
PEIIALT] FOR DEiDRUMI^ PAXIMITTS
24. Every instalment or charge reeuired to be paid to
the Authority under this ccntract which remains unpaid after it has
become due and parable, shall be subject to a penalty of one-half of
one percent per month from the date of delinquency.
DM A:JLT
25. In the event the City sham fail to may all or any part
of its obligations r.curred under this contract, ana such de*" nYuency
shall have continued for a period of not less than two years; the
Authority may, at its option, in addition to all other rig:_ts pro rifled
in this contract, exercise all or any of the following rights and
remedies.
a. The Authority may stipulate eater rates to bs
charged by the City and the City shall conform its rates accc»c_;.-ng y.
b . The Authority may w•.1 thhold a' l or any p:.: t cf the
normal water supply allocated to the City by this contract and mry sel'-
or dispose of such part without obligation, responsibility, or liability
for damages to the City and shall apply the net revenue from said sales
as a credit upon the obligationof the City to the Authority.
c. The Authority may te=inate this contract w ereupon
all rights thereunder accruing to the City shall cease and aet-armine.
Such termination, however, shall not relieve the City from its align-
tion to pay all costs, charges, or installments due and pa;ae=e under
this contract prior to the effective date of such termination.
11
Lubbock, Texas
All rights of action for breach of this contract are reserved
to the Authority or the United States. Nothing contained in this con-
tract shall be construed as abridging, limiting, or depriving the United
States or the Authority of any means of enforcing any remedy either at
law or in equity for the breach of any provisions hereof which either
party would otherwise have. The waiver of a breach of any of the pro-
visions of this contract shall not be deemed to be a waiver of any pro-
visions hereof, or of any other or subsequent breach of any provision
hereof.
NOTICES
26. Any notice authorized or required by this contract shall
be deemed properly given, except where otherwise herein specifically
provided, if mailed postage prepaid to the office of the General Manager,
Canadian River Municipal Water Authority, on behalf of the Authority,
and to the Mayor of the City of Lubbock, at Lubbock, Texas, on behalf
of the City. The designation of the person to be notified, or the
address of such person, may be changed at any time by similar notice.
SUBJECT TO LrNITED STATES AND AUTHORITY CONTRACT
27. This contract shall be subject to the terns, conditions,
and provisions of the repayment contract between the Authority and the
United States for constructing and financing the project, as amended or
modified. This contract cannot be amended or supplemented without the
advance written approval of a duly authorized representative of the
United States. The Authority may assign all or any part of its rights
or authority under this contract to the United States.
ASSIGNMENTS BY CITY
28. The City may sell or assign this contract or any portion
of its allocation of the right to receive project water only with the
approval of the Authority and the United States. Under any assignment,
it must be established to the Authority's satisfaction that the water
right may be transferred under Texas law and the laws of the United
States for diversion as proposed. The alternate user must enter a con-
tract or contracts satisfactory to the Authority end the United States.
NONDISCRI 1 NIATION IN E1,1PL0Y1=
29. a. In connection with the performance of work under this
contract, the City agrees not to discriminate against any employee or
applicant for employment because of race, religion, color or national
origin. The aforesaid provision shall include, but not be limited to,
the following: Employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprentice-
ship. The City agrees to post hereafter in conspicuous places, avail-
able for employees and applicants for employment, notices to be provided
by the United States setting forth the provisions of the nondiscrimination
clause.
12
Lubbock, Texas
b. The City further agrees to insert the foregoing pro-
vision in all subcontracts hereunder, except subcontract§ for standard
commercial supplies or raw materials.
IN WITNESS WHEREOF, the parties hereto acting under authority
of their respective governing bodies have caused this contract to be
duly executed in several counterparts, each of which shall constitute
an original, all as of the day and year first above written.
CANADIAN RIVER MMICIPAL WATER AUTHOR
BY t'4
Pre _
CITY OFF LUBBOCK,, TEXAS
BY x4/a tJ'rr
Title (�
ATTES�:
Secr Lary
(SEAL)
ATTEST:
City Clgrk
Approved as to _Form:
City Attorney -
13
EXHIBIT B
PERi,ML
TO
APPROPRIATE PUBLIC VIAT"rliS
OF T1M
CTATE Or W"EXAS
No. 1615
VM,RE!Z, th^ CANADLM RIVER 12MICIPAL WATk-,q ATTITORITY; Ydzose postoffice
address is City Hall, Borger, Texas, on the 30th day of January, 1y56, filed
with the Board of Water Engineers of the State of Texas Application No. 1957 for
a permit to appropriate annually 151,200 acre feet -and impound y61,600 acre feet
o the public waters of the State of Texas; and — -- -,.3
S�I.rc;,u , on tho 23rd day of March, 1956, after due notice the Board of keter
nnrineers held a public hearing at its office in Austin, Texas, as prescribed by
law, and after hearing and considering r_11 the evidence affectinc said application
did grant said Ai-plication No. 1957.
NOW, TIiE.a.1:►'ORE, THE BOARD OF WMR ENGINEMS OF TIM STATE OF Tf:MAS D0r:13 BY
Zii S3 PRE57L 13 GRANT THIS PMU-1T unto the said Canadian River Municipal Kater
Authority to appropriate, divert and use certain public waters of the State, to
cc,nsist of the storm, flood and u:nppropriated -eaters of the Canadian River, in
iiutchiasvn County, Texas, not to exceed 100,0 3 acre feet of water in any cne
year for the purpose of municipal use and 51,200 acre feet for the purpose of
industrial use, or so much thereof as may be necessary wk-_n,bvnzficially used or
the.- en=u-rated purposes.
To store the rater to be apprcpriatcd, the p.�rmittea is authorized to con-
struct and, before acquiring n=j right to divert eater hereunder, shall construct
an on-chonnTl duel, Station Ko. 17 + 00 of which is located at e. point wh_cli bears
South 6V 31' 10" Writ 2,332.47 feet from the I:orthcreet corner of Section C4,
%locl: i;o. 46, FI. and T. C. Railroad Suricy in ciutehinvon County, Texas, dict:ant
In a l;ori:hwestarly direction iron Sanford, Texas, one and on^ -fourth miles,;and
ie,.+oua3 in the conservation storage slx:ce thereby created 5CO,000 ccre feet of
trate•r, such data beizi. more iVlly described in the plans filed b, the 1�ermittec
with the a,:plicaticn, to which refcrance is made for all purcoees. J Such clan and
reservoir will also provide 461,600 acre feet for silt and dead stcra3e in addi-
t_cn to the conservation storage of 500,OOO ecre feet.:
The permittee shall store only storm, flood and unapprok•riated vmtera of
;,aid etreeu:., subject to all the rights of prior ap �ropri.utors and lcviul diverterc
below in Texas. Whenever the Board finds that the permittee is storing any waters
to which dovhctrcam a-11;rol:sintors and lasful diverters are entitled, the d:cmittee
shall release se_ms to said appropriators or lasrilil diverters on the order o. the
Eoard. By accepting thin pemit, permittee arrces to abide by and com_-ly with
an- such order of the Board without dally. Failura to cos:ply with ar{y such order
shall constitute grounds for forfpiture and cancellation.
The peruittee ehall construct an outlet tunnel in said dam, on a level equal
to that of the bed of the stream, having an c;)cnin,3 of not less than twelve feet
in diameter erd equil-ped with a ;ante for the l:ur_�osc of permitting the
free passage of the ner l flow throu h the dnm at all times, and the passa3u of
those flood waters to which lover ap.,royriatore may be entitled.
Any surplus water shall be returned to the stream at the point and in the
manner shown on the ;Mans filed by the cralttee v1th the a,llicetien.
The permittee shall install a metering instrument at each diversion point
which will cutomatically record to within 51,f, of accuracy the total amount of avatar
diverted. The permittee will also slake daily determinations of water surface
elevations in the reservoir by cleans of a gage set to United States Geolo51ca1
Survey or United States Coast and Geodetic Survey datum, and the Board of V.Ater
Engineers shall ba furnished complete records of such determinations. Both the
metering instrument and gage and their inct.11ation shall be subject to approval
by the Board.
The water herein authorized to be diverted by the permittee for municipal
and industrial purposes may be transported beyond the boundaries of tho Canadian
River watershed for beneficial use outside of said boundaries.
This permit is Eranted subject to the provisions of the Canadian River Com-
pact. The permittee, by the acceptance of this permit, agrees to comely fully
vith all applicable provisions of the Canadian River Compact, codified as Article
7466h, Vernon's Civil Statutes of Texas, end any amendments thereto.
Construction of the works herein authorized shall be begun within 24 months
and shall be prosecuted to completion with reasonable diligence unless othervise
ordered by the Board. Failure to begin such construction within 24 months and
complete same vithin a reasonable period of time after beginning shall cause this
permit to lapse and be of no further force and effect and will be forfeited forth-
with unless an extension of time is applied for timely by the permittee end granted
by the Board.
All construction work shall be done in accordance vith plans approved by
this Board and any changes or alterations m de in said plans shall be filed with
the Board end its approval obtained before construction.
Within ten days after beginning actual construction of said project, the
permittee Shall file a statement with tho Board shoving thet such work was beGun
within the time limit alloyed and the extent of the work done, end shall file
thereafter monthly statements until final completion shoving the progress of ouch
construction.
This permit is 6rented with the reaervation'and upon the condition that the
permittee v111 fully comply with the term3,cconditione and provisions hereof; by
the acceptance of this permit, th- permittee agrees to be bound by the enu= rated
terms, conditions and provisions. Failure on the part of the pemittee to comply
with such terms, conditions end provisions will subject this permit to forfeiture
end cancellation, to which the permittee agrees by acceptance of the permit. It
is also expressly provide& that the peraittee, its successors and assigns, and
any beneficiary hereunder, aho11 comply with the Inv and ell the rules, re,-ul.a-
tiona and orders of the Board of Water Engineers formulated by it pursuant to lay.
Given under the hand and seal of the Board of Water Engineers of the state
of Texas, this the llth day of April, 1956.
( E'_:I'L)
`SST t
/e/ Un F. Lo"oy, Jr.
Ben F. Looney, Jr., Secretary
BOOD OF ;MTER EIGIIMERS
f 6 F M. lrix:;tl
R. M. Dixon, Chairman
/a;/H. ;,. 8sce-.dth
H. A. Beckvith, Membcr
/a/ O. V. Dent
O. F. Dent, Member
EXHIBIT C
PERMIT NO. 10353-02
40
TEXAS WATER COMMISSION'
Stephen F. Austin State Office Building
Austin, Texas
PERMIT TO DISPOSE OF WASTES
under provisions of Chapter 26
of the Texas Water Code.
I. Name of Permittee:
A. Name
B. Address
This amendment supersedes and
replaces Page 2, issued
February 20, 1964, and Page 7,
issued June 6, 1969, of Permit
No. 10353.
The City of Lubbock
(Southeast Plant)
P. O. Box 2000
Lubbock, Texas 79457
II. Type of Permit: Regular Amended
III.. Nature of Business Producing Waste:
Municipality
xxx
IV. General Description and Location of Waste Disposal System:
Description:
The treatment facility consists of two independent plants operated
in parallel. Plant A is a trickling filter plant and Plant B is a
conventional activated sludge plant. Effluent disposal is accom-
plished under contract for use as.irrigation water or makeup water
for the Southwest Public Services Company's Jones Power Plant. The
irrigation systems consist of the Gray Farm located east of Lubbock,
in Lubbock County, and the Hancock Farm located near the City of
Wilson, 17 miles south of Lubbock, in Lynn County, Texas.
(Continued)
This permit and authorizations contained herein shall expire at
midnight, five.. -Years after the date of Commission Approval.
APPROVED, ISSUED, AND EFFECTIVE this 23rd day of November
19 81 .
ATTEST: 4"
For t e commission
T D W R•00771 R r. 166-77)
Papa 1 o1 2
City of Lubbock 10353-02
Location: The plant site is located at the eastern terminus of
E. 38th Street just south of the Fort Worth and Denver Railroad
crossing of'.the Double Mountain Fork Brazos River in eastern
Lubbock, Lubbock County, Texas.
V. Conditions of the Permit: No discharge of pollutants to
water in the state is authorized.
Character: Treated Domestic Sewage Effluent
Volume:
1. Plant A: 30-day average = 13 mgd Daily Maximum = 22 mgd
2. Plant B: 30-day average = 12 mgd Daily Maximum = 20 mgd
Quality: The following degree of treatment shall be required:
Effluent Concentrations
(Not to Exceed)
30-Day
A. Item Unit of Measure Average
1. Plant A
. B0D5 mg/l 45
2. Plant B
B0D5 mg/1 20
B. When three, four, or five consecutive grab samples have been
collected at various times on separate days by the same
entity, the existence of concentrations of any specific
pollutant in more than two samples in excess of the value
shown for the specific pollutant in Column 1 of Table 1 is a
violation. Each grab sample containing pollutants in excess
of the concentrations shown for such pollutant in Column 2
of Table 1, of this permit, is a violation. Each failure to
comply with the above requirement for a specific pollutant
is a violation except the case where the pollutant parameters
involved are expressions of the same characteristic of the
effluent.
Table 1
Pollutant Column 1 Column 2
1. Plant A
BODS, mg/l 50 100
2. Plant B
BODS, mg/l 35 65
The foregoing requirements shall be applied with judgment and in
the context of the other information available.
TDWR-0077
Page la of 2
City of Lubbock
10353-02
C. Each 24-Hour Composite sample containing pollutants in
excess of the concentration shown for such pollutant in
Column 1 of Table 2 of this permit is a violation.
Table 2
Pollutant Column-1
1. Plant A 70
BODS, mg/l
2. Plant B
BOD5, mg/l 45
D. Drainage Area: The plant site and the irrigation sites are located
in the drainage area of the Double Mountain Fork of the Brazos River
in Segment No. 1241 of the Brazos River Basin.
VI. SPECIAL PROVISIONS:
1. This permit is granted subject to the policy of the Department
to encourage the development of areawide waste collection,
treatment and disposal systems. The Commission reserves the
right to amend this permit in accordance with applicable
procedural requirements to require the system covered by
this permit to be integrated into an areawide system, should
such be developed; to require the delivery of the wastes
authorized to be collected in, treated by or discharged from
said systera, to such areawide system; or to amend this
permit in any other particular to effectuate the Commission's
polio.-. Such amendments may be made when the changes required
are revisable for water quality control purposes and are
feass.;.le on the basis of waste treatment technology, engineering,
financial and related considerations existing at the time
the changes are r_r_-,aired, exclusive of the loss of investment
in or revenues any then existing or proposed waste
collection, treat:sr..t or disposal system.
2• These public sewerage facilities shall be operated and
maintained by a sewage plant operator holding a valid certificate
of competency issued under the direction of the Texas Department
of Health as required by Section 20 (a) of Article 4477-1,
Vernon's Texas Civil Statutes.
3. The permittee is responsible for the proper disposal of any
excess sludge resulting from the operation of these facilities.
TDWR-0077
Page lb of 2
City of Lubbock 10353-02
4. The permittee is required to operate and maintain these
facilities in accordance with accepted practices for this
type of waste treatment facility and shall include related
maintenance such as painting, proper disposal of solid
waste, and weed and grass cutting.
5. Irrigation practices shall be designed and managed so as to
prevent contamination of ground and surface waters and to
prevent the occurrence of nuisance conditions in the area.
Tailwater control facilities shall be provided to prevent
the discharge to area streams of any wastewater which drains
from the irrigated land.
6. Application rates for the irrigated land shall not exceed
4.1 acre-feet/acre/year, excluding areas where strict monitoring
of infiltrated waters will be accomplished in conjunction with
the Lubbock Christian College Land Application Research and
Demonstration Project. The permittee is responsible for
providing equipment to determine application rates and
maintaining accurate records of effluent applied as irrigation
water. These records will be available for review by the
Texas Department of Water Resources.
7. Holding ponds shall conform to the Texas Department of
Health/ Texas Department of Water Resources "Design Criteria
for Sewage Systems" requirements for stabilization ponds
with regard to construction and levee design and a minimum
of 2 feet of freeboard shall be maintained.
G. The permittee shall maintain records of all sampling and
testing done and shall make these records available for
inspection upon request of authorized Texas Department of
Water Resources representatives.
9. The permittee shall immediately notify the Austin Office and
the District 2 Office of the Department in writing upon
completion of the new facilities.
10. The permittee shall be responsible to insure that the land
application area and the irrigation system are properly
maintained and operated within the conditions of this permit.
11. Samples taken to determine compliance with the requirements of Part V of
this permit shall be taken following the outfalls from Plants
A and B, respectively.
12. Newly constructed facilities for the retention of treated or
untreated wastewater shall be adequately lined to control seepage
to less than 10-7 cm/sec. A suitable liner shall consist of the
following:
TDWR-0077
Page lc of 2
City of Lubbock 10353-02
a) In -situ clay soils or placed and compacted clay soils
meeting the following requirements:
1) More than 30% passing a No. 200 mesh sieve
2) Liquid limit greater than 30%
3) Plasticity index greater than 15
4) A minimum thickness of two feet.
An alternate method of specifying liner adequacy may be
acceptable with prior approval from the Executive Director.
A Registered Professional Engineer must certify that the
retention ponds were constructed in compliance with the above
requirements prior to use of the facility.
13. All irrigation practices shall receive approval from the Texas
Department of Health.
14. The permittee shall maintain a long-term contract with the owner(s)
of any irrigated land which.is authorized for use by this permit,
but which is not city owned. The permittee shall submit copies of
these contracts to this Department within 60 days of the effective
date of this permit. '
15. During the term of the associated Lubbock Christian College Research
and Demonstration Project, all sampling data related to ground
water quality and soil profile monitoring shall be submitted to
this Department on an annual basis. In addition, continuation of
ground water and soil profile monitoring beyond the term of the
Research Project shall be accomplished by the permittee, including
the following as a minimum:
(a) Ground water Monitoring
(i) Water Table Elevations:
At least quarterly, water table elevations
shall be monitored beneath the Hancock site
and reported annually to this Department's
Central office and the District Office. This
monitoring shall incorporate all accessible
wells on site. Each report shall include a
map with coordinated well numbering.
(ii) Water Quality:
Ground water samples from beneath the Hancock site shall
be obtained semi-annually for the purpose of analyzing
water quality. These samples shall be obtained from a
minimum of nine (9) wells located about the perimeter of
the Hancock property and spaced so as to be representative
of the up gradient and down gradient quality beneath the
site. In addition, samples from a minimum of three (3)
wells within the perimeter of the Hancock site and near
the effluent holding lagoons shall be required.
TDWR-0077
Page ld of
City of Lubbock 10353-02
Water quality samples shall be obtained through appropriate
sampling techniques and analysis shall be for nitrates re-
ported as nitrogen. Analysis for additional constituents
may be required based upon information and data developed
during the Lubbock Christian College Research and Demonstra-
tion Project.
(b) Soil Profile Monitoring
Annual soil sampling from each irrigated site shall be
required. Sampling procedures shall employ accepted
techniques of soil science for obtaining representative
analytical results. Analysis shall be performed for pH,
total nitrogen, potassium, phosphorus, and conductivity.
Analysis for additional parameters may be required based
upon information. and data developed during the Lubbock
Christian College Research and Demonstration Project.
16. A 150-foot buffer zone shall be maintained between the northern
property line of the irrigated tract of the Hancock Farm and the
northern boundary of the area which is subject to spray irriga-
tion. There shall be no spray irrigation in this zone.
17.. All monitoring wells for storage ponds shall be within 25 feet of
the relevant structure. There shall be one such well per pond
and it shall be located near the southeast portion of the structure.
18. No wastewater is authorized to be routed to the Hancock site until
written approval of the construction of all facilities (other
than wastewater holding lagoons) has been granted by the Executive
Director of the Texas Department of Water Resources. Immediately
prior to the use of any newly constructed lagoon for the retention
of treated wastewater, notification of this planned use shall be
submitted to the Department and visual inspection and approval
of the exposed clay liner by the Executive Director shall be
obtained.
19. The permittee shall complete proposed construction of additional
digester capacity and complete facility rehabilitation within
two (2) years of the date of issuance of this permit.
20. The lagoons shall be operated so as to maintain a water level at
a minimum of six inches above the elevation of the exposed clay
liner.
21. The permittee shall comply with all monitoring and reporting re-
quirements specified in Chapter 19 of the Rules of the Texas
Department of Water Resources.
TDWR-0077
Page le of 2
City of -Lubbock 10353-02
Standard Provisions
(a) This permit is granted in accordance with the Texas Water Code and the rules
and other Orders of the Department and the laws of the State of Texas.
(b) In the event the permittee discharges wastes which exceed the quantity or quality
authorized,by this permit, the permittee shall give immediate notice to the Executive
Director.
(c) Acceptance of this permit constitutes an acknowledgement and agreement that the
permittee will comply with all the terms, provisions, conditions, limitations and
restrictions embodied in this permit and with the rules and other orders of the
Department and the laws of the State of Texas. Agreement is a condition precedent
to the granting of this permit.
(4) This permit cannot be transferred without prior notification to the Executive
Director.
(e) The application pursuant to which the permit has been issued is incorporated
herein; provided, however, that in the event of a conflict between the provisions of
this permit and the application, the provisions of the permit shall control.
TDW R-OOT7{Rhr. 10.5.77)
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