ORDER N0. ~E12@ MEMORRNDUM OF UNDERSTANDING BETWEEN THE COMMISSIONERS' CDURT OF KERB COUNTY RND GUADRLUPE-PLRNCO RIVER RUTHORITY On this the c2nd day of November 1999, upon motion made by Commissioner^ Let z, seconded by Commissiner• Williams, the Court unanimously approved by a vote of 4-@-@, the Memorandum of Understanding with Guadalupe Planco River• Authority and withdrew N.err County's objection to the G. P. R.R.'s application to amend canyon water right. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVLEWED BY THE COURT. MADE BY: Fred Henneke OFFICE: Cotmty Judge MEETING DATE: November 22. 1999 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approval of Memorandum of Understandmg with Guadalupe-Blanco River Authority and withdrawal of objections to GBRA'S Application to Amend the Canyon Water Right. (Cotmty Judge) EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUES"1' RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contnbute towards you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Thea - From: fblumberg@gbra.org To: 'kerrcocc@aomega.neY Subject: MOUApproval Date: Wednesday, November 17, 1999 2:38 PM Judge Henneke: At today's meeting, the GBRA Board of Directors unanimously approved the MOU with Kerr Courriy. I will have Bill sign the orignals and mail them to you tomorrow. Also, I will call you tomorrow to confirm whether you need meal Mondays meeting of the Court. Thank you for all your assistance. Fred Blumberg Page 1 GB~.A GUADALUPE-BLANCO RIVER AUTHORITY November 18, 1999 GENERAL OFFICE 933 Ea=r court sneer The Honorable Fred Henneke Segmn, texas 7s15s Ken County Judge Phom:830-379-5822 Fax: 830-379-9718 700 Main KerrVllle, TEXHS 78028 COLETO CREEK PARK AND RESERVOIR PO. Box 68 F:umin, Texas 77`)60 Phone:572-575-6366 Fax: slz-s7s-zzG7 Re: Memorandum of Understanding between Commissioner's Court of Kerr County and LAKE WOOD Guadalupe-Blanco River Authority RECREATION AREA Route 2, Box 158-A conxales, texas 76629 Dear Judge Henneke: Phone:830-672-2779 LOCKHART I have enclosed 3 originals of the Memorandum of Understanding between WAS'FEVIATER e-Blanco River Authorit for our Commissioner's Court of Ken Count and Guadalu RECLAM.ATIOPI y y p y sYSreM signature. Please return two (2) originals to this office for our files. 4435 FM 20 Eas[ Lockhaa, Texas 78644 Phone slz-39afi39t If you have any questions, please feel free to contact us. Fax: 512-398-6526 CUEING WATER SmCerely, TREATMENT PLANT 350 Memorial Drive Luling, Texas 78648 S ~ I Phane:830-875-2132 F Fax: 630-875-3670 POR7 LAVACA OPERATIONS PO. Box 146 Porz Lavaca, Texas 77979 Phone:512-552-9751 Fax: 512-552-6529 VICTORIA REGIONAL WASTEWATER RECLAMATION SYSTEM PO. Box 2085 Victoria, 7ezas 77902-2085 Phone:512-578-2878 Fax: 512-578-9039 Sue Brush Operations Assistant Sb Enclosures (3) ceRA Wesslre hrtp://www.gbra.org MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMISSIONERS' COURT OF KERB COUNTY AND GUADALUPE-BLANCA RIVER AUTHORITY This Memorandum ofUnderstanding (this "MOU") is dated as of ~ r ~ 1999, by and between the Ken County Commissioners' Court (the "Court") and the Guadalupe-Blanco River Authority ("GBRA"). Recitals WHEREAS, GBRA holds Certificate of Adjudication No. 18-2074, as amended, (the "Canyon Water Right"), which currently authorizes GBRA to impound water in Canyon Reservoir and divert and use therefrom not to exceed an average of 50,000 acre-feet of water per yeaz for domestic, municipal, industrial, imgation and recreational purposes; and WHEREAS, GBRA has filed with the Texas Natural Resource Conservation Commission ("TNRCC") on August 29, 1997, an application for vazious amendments to the Canyon Water Right (hereinafter referred to as "GBRA's Application to Amend the Canyon Water Right"), including a request to authorize use of an amount of stored water from Canyon Reservoir in excess of the 50,000 acre-foot- per-yeaz average that is currently authorized to be used under the Canyon Water Right; and WHEREAS, the Court desires that a portion of the water supply benefits provided by the granting of GBRA's Application to Amend the Canyon Water Right be used to assist Kerr County in obtaining additional water supplies to provide for its future needs; and WHEREAS, the Court anticipates that permits to divert a total of up to 6,000 acre-feet of water per yeaz from the Guadalupe River or its tributaries at one or more diversion points within Kerr County, in addition to existing or future rights, may be sought by Kerr County from TNRCC in the future as a source of supply of raw water for use within the County; and WHEREAS, the Court and GBRA recognize the importance of regional planning for water supply purposes; and WHEREAS, the Court and GBRA aze entering into this MOU to confirm that GBRA will make provision, in its planning, for this amount of possible additional permits, as provided in this MOU. Agreement IN CONSIDERATION of the foregoing and the mutual benefits and agreements contained herein, the Court and GBRA agree as follows: Upon request from Kerr County, at any time after January 1, 2021 and prior to December 31, 2050, GBRA will support and assist Kerr County in obtaining from the TNRCC permits to divert water from the Guadalupe River or its tributaries at one or more diversion points within Ken County for use within the County, up to a total diversion of not to exceed 6,000 acre-feet of water per yeaz, pursuant to GBRA's then-standazd agreement for "upstream sales of water from storage". Such 6,000 acre-feet of water shall be in addition to and exclusive of any water rights granted to any applicant from Kerr County between January 1, 1999 and the date of such request including, but without limitation, the Upper Guadalupe River Authority and/or the City of Kerrville. Kerr County shall have and hereby reserves the right to transfer, convey, and assign all or any portion of such water or water rights to any person or entity for use within Kerr County. 2. GBRA will reserve sufficient firm yield in Canyon Reservoir and/or other source of supply to allow GBRA to enter into such agreements for water from storage with Kerr County for such permits, through at least December 31, 2050, or such later date to be defined by GBRA; GBRA will give the County notice specifying such date at least 180 days prior to the date. After such date, any portion of the reserved firm yield not committed by contract with Kerr County may be made available to other GBRA customers. However, nothing in this Section 2 is intended to preclude GBRA from assisting any future applicant within Kerr County, to the extent GBRA has sufficient firm yield available at the time. 3. This MOU is subject to and conditioned upon the TNRCC granting, in whole, GBRA's Application to Amend the Canyon Water Right. The Court has no objection to GBRA's application. KERB COUNTY COMMISSIONERS' COURT B . Fred Henneke Ken County Judge GUADALUPE-BLANCO RIVER AUTIIORITY BY: W.E. West, Jr. General Manager