ORDER NQ. 30779 MEMORANDUM OF UNDERSTANDING REGARDING REGIONAL WATER AND WASTEWATER MATTERS AND RANGE IMPROVEMENTS Came to be heard this the 24th day of March, 2008, with a motion made by Commissioner Letz, seconded by Commissioner Williams. The Court unanimously approved by vote of 4-0-0 to: Approve the Memorandum of Understanding regarding Regional Water and Wastewater matters and Range Improvements, looking at a possible correction on Page 1, Paragraph II, Line 6, eliminate the word mutually. '; l.1 3 COMMISSIONERS' COURT AGENDA REQUEST rr-° 3~~~~ PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Bill Williams, Pct. 2/Jonathan Letz, Pct. 3 MEETING DATE: March 24, 2008 OFFICE: County Commissioners TIME PREFERRED: SUBJECT: Consider, discuss, and take appropriate action to approve the Memorandum of Understanding Regarding Regional Water and Wastewater Matters, and Range Improvements EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Williams, Pct. 2/Comm. Letz, Pct. 3 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: 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 RQUEST RECEIVED ON: 5:00 PM previous Tuesday @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. vJ~o~ E~~~'G ~ o ate. '~'~ ~ ~ ^c Memorandum Date: March 18, 20fJ8 To: Regional MDU Participants From: Ray Buck Re: Draft 4, Regional MOIJ Please find attached the latest draft of the regional MOU, Draft 4, dated C~a117/U8. A11 participants have now had the opportuzzity to comment on the draft regional MC~U, 1 distinguished the cunrrrzents fron7 each conznzenting participant with different color b.ighlights. City of Kerrville - Kerr County - Headwaters Grotmdwater Conservation District - ' wr C)n behalf of the IJCiR.ta, Boaz°d of Directors, 1 that~lc you for dedicati~~g your tis~i~° to reviet~ and coz~nzzlent during the drafting phase of this document., I belicvc the doe;unient is ready to place orz our various agendas for approval. Please take, ui~ae Iast look at the comnient.s and. lei. n7e know if yuu ha~re azzy cuncerr~s by~ Th~zrsday, March ~0, 2U~8. Abseizt any- major issues, un Mondays March 24, 2U0$, I will distz°ibuta a clean copy to all panic-ipants fur approval at their next regularly scheduled nzeetizlg. r DRAFT 4 03/17J08 Memorandum of Understanding Regarding Regional Water and Wastewater Matters, and Range Improvement I. Introduction This Memorandum of Understanding ("MOU") sets forth the mutual understandings of the Upper Guadalupe River Authority ("UGRA"), the City of Kerrville ("Kerrville"), the City of Ingram. ("Ingram"), Headwaters Groundwater Conservation District ("Headwaters"), and Kerr County (the ``County") regarding certain cooperative actions that will be undertaken by LTGRA, Kerrville, Ingram, Headwaters and/or the County {collectively, the "Parties") for purposes of identifying and developing additional water supplies and regional wastewater facilities for the benefit of the citizens within Kerr County, Texas. It is the mutual goal of the Parties to cooperate in goad faith and to combine their respective resources in order to develop reliable and cost effective water supplies that will be sufficient to meet projected water demands within Kerr County. The Parties desire and intend to work together for purposes of developing regional wastewater facilities designed and constructed to collect, treat and dispose of wastewater in the most safe, environmentally beneficial, and cost effective manner possible. The Parties further desire to cooperate in conserving and reclaiming water through proper watershed management and other conservation means. The Parties understand that other agreements with entities not identified in this MOU may exist or be deemed necessary to effectuate water supply and wastewater projects currently underway ar contemplated. This MOU shall not require any Party to spend public funds without the prior consent or authorization of the governing body of such Party. IL Additional Water Supplies The Parties will cooperate in good faith for purposes of identifying and developing additional groundwater and surface water supplies for Kerr County far the benefit of their respective citizenry. Without limitation, the affected Parties will share existing and future data regarding the availability of groundwater and surface water, and the feasibility of developing conjunctive water supply projects for their respective and potential customers. The affected Parties will also appoint representatives who will mutually identify senior water rights holders and,attempt to negotiate acquisition of such water rights; and identify, acquire and develop additional groundwater and surface water supplies as may be available and practical, as well as cost apportionment and the division. of newhT-acquired rights, if necessary. The Parties agree to cooperate with and assist UGRA in conjunction with the utilization of UGRA's existing diversion rights under Permit 5394a (which authorizes the diversion of 2000 acre-feet of surface water from the Guadalupe River). Without limitation, Kerrville agrees to assist and cooperate with UGRA in conjunction with any efforts undertaken by UGRA to remove or amend any surface water permit. restrictions that would prevent the full utilization of the existing water rights including restriction against use in the incorporated areas of Kerrville. Kerr County is a party to a separate Memorandum of Understanding with the Guadalupe- BLanco River Authority that provides for GBRA to make available 6,000 acre-feet of surface water beginning in 2021. The County will work with GBRA and other Parties to this MOU to determine if and how this water supply may be utilized for the benefit of Kerr County citizens. III. Regional Water Supply Facilities The Parties agree in good faith, to the extent possible, to cooperate regarding the development of regional surface water supply, treatment, storage and transmission facilities. Without limiting the generality of the foregoing, UGRA and Kerrville agree to investigate in good faith the feasibility of implementing a joint water supply project in which UGRA would fund the costs of development of an additional aquifer storage and recovery (ASR) well and/or. treatment facilities for Kerrville, and Kerrville would dedicate ASR and treatment plant capacity to UGRA and wheel treated water for the provision of potable water service to customers outside of Kerrville but within the County that do not presently receive continuous and. adequate water service. Headwaters will support these efforts, including making groundwater data available to the Parties UGRA, Kerr County, and Kerrville further agree to work together to explore the provision of water service to new developments in and outside of Kerrville's ETJ in such a manner that would allow these customers to be incorporated into Kerrville's water system upon annexation. The Parties will determine the feasibility of constructing new water supply facilities to serve such areas, the extension of existing facilities to such areas, andlor the availability of grants and other sources of funding for purposes of constructing such improvements. N. R~ional Wastewater Facilities The Parties agree in good faith to work together for purposes of developing regional "mow` Wastewater facilities. The Parties will work to identify areas with failing septic systems or other areas where sewage disposal is inadequate or presents a risk to the public health, safety or environment, and will explore all funding opportunities. LJGRA and Kerrville further agree to work together to explore the provision of wastewater service to new developments in and outside of Kerrville's ETJ in such a manner that would allow these customers to be incorporated into Kerrville's water system. upon annexatian. V, Range Improvement The Parties will cooperate in good faith for purposes of facilitating range improvement practices that will increase water availability and improve/maintain surface water quality. UGRA agrees to prepare and distribute to the other Parties a "Range Improvement Plan" that will identify best management practices to improve surface water quality and availability. UGRA will provide regular reports to the other Parties regarding the preparation of the plan, and. will furnish copies of all information and data developed as a result of such efforts, and. will otherwise reasonably cooperate with the other Parties in connection with these efforts. "I`he other Parties agree to reasonably cooperate with UGRA. in connection with its development of the plan, including by way of example, furnishing data and other information in each Forty's possession that may be relevant thereto. The Parties agree to work together to procure grants and other sources of monies needed to implement the identified best management practices. irr~' Executed as of this _ day of 2 UPPER. GUADALUPE RIVER AUTHORITY: By: _ _________. Name: Title: - --_-----_--------------- Date: ~. CITY OF KERRVILLE: By: .. Name: Title: ,~..,.~ Date: CITY OF INGRAM: By: _._____~_.__..._-_-- Name: Title: _ ____~ __._.~~-----_____._. Date: __ -_~____________A.^_.---~~_~______ KERR COUNTY: By: _..__._ -- Name: Title: ~_._._.__ _ _ .__.~-__. _ .___.--.~_~w_____ __ Date: _ ._ ~_.______ _~_~__.__.___.__~..___ HEADWATERS GROUNDWATER CONSERVATION DISTRICT: By: Name: Title: _-._____~. ~_~ _-____~_.___ __ Date: 3 DRAFT 4 03/17/08 X3/88 Memorandum of Understanding Regarding Regional Water and Wastewater Matters, and Range Improvement I. Introduction- This Memorandum of Understanding ("IVIOU") sets forth the mutual miderstandings of the Upper Guadalupe River Authority ("UGRA"), the City of Kerrville ("Kerrville"), the City of Ingram {"Ingram"), Headwaters Conservation District ("Headwaters"), and Kerr County (the "County") regarding certain cooperative actions that will be undertaken by UGRA, Kerrville, Ingram, Headwaters and/or the County (collectively, the "Parties") for purposes of identifying and developing additional water supplies and regional. wastewater facilities far the benefit of the citizens within Ken County, Texas. It is the mutual goal of the Parties to cooperate in good faith and to combine their respective resources in order to develop reliable and cost effective water supplies that will be sufficient to meet projected water demands within Kerr County. The Parties desire and intend to work together for purposes of developing regional wastewater facilities designed and constructed to collect, treat and dispose of wastewater in the most safe, environmentally beneficial, and cost effective manner possible. The Parties further desire to cooperate in conserving and reclaiming water through proper watershed management and other conservation means. II. Additional Water Supplies- This MOU funds without the prior consent or The Parties will cooperate in good faith for purposes of identifying and developing additional groundwater and surface water supplies Kerr County for the benefit of their respective ~ Without limitation, the will share existing and future data regarding the availability of and_ the feasibility of developing conjunctive water supply projects for their 1 shall not require any Party to spend public authorization of the governing body of such Party. The Parties agree to cooperate with and assist UGRA in ~' with the utilization of UGRA's diversion rights under Permit 5394a (which authorizes the diversion of 2000 acre-feet of surface water from the Guadalupe River). Without limitation, Kerrville agrees to assist and cooperate with UGRA in with any efforts undertaken by UGRA to remove or amend any permit restrictions that would prevent the full utilization of the water rights including restriction against use in the incorporated areas of Kerrville. III Without limiting the generality of the foregoing, UGRA and Kerrville agree to investigate in good faith the feasibility of implementing a joint water supply project in which UGRA would fund the costs of development of an additional aquifer storage and recovery (ASR) well and/or treatment facilities for Kerrville, and Kerrville would dedicate ASR and treatment plant capacity to UGRA and wheel treated water for the provision. of potable water service to customers outside of Kerrville but within the Countv that do not presently receive continuous and adequate water service. - UGR , and Kerrville further agree to work together to explore the provision of water service to new developments in and outside of Kerrville's ETJ in such 2 Regional Water Supply Facilities a manner that would allow these customers to be incorporated into Kernille's water system upon annexation. The Parties will determine the feasibility of constructing new water supply facilities to serve such areas, the extension of existing facilities to such areas, and/or the availability of grants and other sources of funding for purposes of constructing such improvements. IV. Regional Wastewater Facilities- UGRA and Kerrville further agree to work together to explore the provision of wastewater service to new developments in and outside of Kernille's ETJ in such a manner that would allow these customers to be incorporated into Kern ille's water system upon aruiexation. V. Rance Improvement. The Parties will cooperate in good faith for purposes of facilitating range improvement practices that will increase water availability and improve/maintain surface water quality. UGRA agrees to prepare and distribute to the other Parties a "Range Improvement Plan" that will identify best management practices to improve surface water quality and availability. UGRA will provide regular reports to the other Parties regarding the preparation of the plan, and will furnish copies of all information and data developed as a result of such efforts, and will otherwise reasonably cooperate with the other Parties in connection with these efforts. The other Parties agree to reasonably cooperate with UGRA in connection with its development of the plan, including by way "~rw of example, furnishing data and other information in each Party's possession that may be relevant thereto. The Parties agree to work together to procure grants and other sources of ,= monies needed to implement the identified best management practices. Executed as of this _____._ day of iJPPER GUADALUPE RIVER AUTHORITY: By: _ Name: __.___ Title: Date: ____ _._ __ CITY OF KERRVILLE: By: ~"' Name: Title: Date: ~._~._ ______._.__~.. ~__._ CITY OF INGRAM: 13y: Name: ~._. ~_~.____,__._._ -_____ Title: Date: ~.~~,_.~ KERR COUNTY: By: Name: ~__._ 4 Title: Date: HEADWATERS UNDERGROUND WATER. CONSERVATION DISTRICT: By: Name: Title: Date: Memorandum of Understanding Regarding Regional Water and Wastewater Matters, and Range Improvement I. Introduction This Memorandum of Understanding ("MOU") sets forth the mutual understandings of the Upper Guadalupe River Authority ("UGRA"), the City of Kerrville ("Kerrville"), the City of Ingram ("Ingram"), Headwaters Groundwater Conservation District ("Headwaters"), and Kerr County (the "County") regarding certain cooperative actions that will be undertaken by UGRA, Kerrville, Ingram, Headwaters and/or the County (collectively, the "Parties") for purposes of identifying and developing additional water supplies and regional wastewater facilities for the benefit of the citizens within Kerr County, Texas. It is the mutual goal of the Parties to cooperate in good faith and to combine their respective resources in order to develop reliable and cost effective water supplies that will be sufficient to meet projected water demands within Kerr County. The Parties desire and intend to work together for purposes of developing regional wastewater facilities designed and constructed to collect, treat and dispose of wastewater in the most safe, environmentally beneficial, and cost effective manner possible. The Parties further desire to cooperate in conserving and reclaiming water through proper watershed management and other conservation means. The Parties understand that other agreements with entities not identified in this MOU may exist or be deemed necessary to effectuate water supply and wastewater projects currently underway or contemplated. This MOU shall not require any Party to spend public funds without the prior consent or authorization of the governing body of such Party. II. Additional Water Supplies The Parties will cooperate in good faith for purposes of identifying and developing additional groundwater and surface water supplies for Kerr County for the benefit of their respective citizenry. Without limitation, the affected Parties will share existing and future data regarding the availability of groundwater and surface water, and the feasibility of developing conjunctive water supply projects for their respective and potential customers. The affected Parties will also appoint representatives who will mutually identify senior water rights holders and attempt to negotiate acquisition of such water rights; and identify, acquire and develop additional groundwater and surface water supplies as may be available and practical, as well as cost apportionment and the division ofnewly-acquired rights, if necessary. The Parties agree to cooperate with and assist UGRA in conjunction with the utilization of UGRA's existing diversion rights under Permit 5394a (which authorizes the diversion of 2000 acre-feet of surface water from the Guadalupe River). Without limitation, Kerrville agrees to assist and cooperate with UGRA in conjunction with any efforts undertaken by UGRA to remove or amend any surface water permit restrictions that would prevent the full utilization of the existing water rights including restriction against use in the incorporated areas of Kerrville. Kerr County is a party to a separate Memorandum of Understanding with the Guadalupe- Blanco River Authority that provides for GBRA to make available 6,000 acre-feet of surface water beginning in 2021. The County will work with GBRA and other Parties to this MOU to determine if and how this water supply may be utilized for the benefit of Kerr County citizens. 1 III. Regional Water Supply Facilities The Parties agree in good faith, to the extent possible, to cooperate regarding the development of regional surface water supply, treatment, storage and transmission facilities. Without limiting the generality of the foregoing, UGRA and Kerrville agree to investigate in good faith the feasibility of implementing a joint water supply project in which UGRA would fund the costs of development of an additional aquifer storage and recovery (ASR) well and/or treatment facilities for Kerrville, and Kerrville would dedicate ASR and treatment plant capacity to UGRA and wheel treated water for the provision of potable water service to customers outside of Kerrville but within the County that do not presently receive continuous and adequate water service. Headwaters will support these efforts, including making groundwater data available to the Parties UGRA, Kerr County, and Kerrville further agree to work together to explore the provision of water service to new developments in and outside of Kerrville's ETJ in such a manner that would allow these customers to be incorporated into Kerrville's water system upon annexation. The Parties will determine the feasibility of constructing new water supply facilities to serve such areas, the extension of existing facilities to such areas, and/or the availability of grants and other sources of funding for purposes of constructing such improvements. IV. Regional Wastewater Facilities The Parties agree in good faith to work together for purposes of developing regional Wastewater facilities. The Parties will work to identify areas with failing septic systems or other areas where sewage disposal is inadequate or presents a risk to the public health, safety or environment, and will explore all funding opportunities. UGRA and Kerrville further agree to work together to explore the provision of wastewater service to new developments in and outside of Kerrville's ETJ in such a manner that would allow these customers to be incorporated into Kerrville's water system upon annexation. V. Range Improvement The Parties will cooperate in good faith for purposes of facilitating range improvement practices that will increase water availability and improve/maintain surface water quality. UGRA agrees to prepare and distribute to the other Parties a "Range Improvement Plan" that will identify best management practices to improve surface water quality and availability. UGRA will provide regular reports to the other Parties regarding the preparation of the plan, and will furnish copies of all information and data developed as a result of such efforts, and will otherwise reasonably cooperate with the other Parties in connection with these efforts. The other Parties agree to reasonably cooperate with UGRA in connection with its development of the plan, including by way of example, furnishing data and other information in each Party's possession that may be relevant thereto. The Parties agree to work together to procure grants and other sources of monies needed to implement the identified best management practices. Executed as of dates listed below. 2 UPPER GUADALUPE RIVER AUTHORITY: By: ~ Name: Title: ~/z Date: ~ '' ~ E~~ CITY OF KERRVILLE: Y ~ / _ ~, By: f - - ----~ Name: _ Gr v ~ o Title: C- ~~ /I/ ~- Date: ~[ ` ~ ~- ~ ~ CITY OF INGRAM: ~ ~ y~ ~zg ~ ~_ P 3 ~' {. ,~- ~ __ _ BV; ~ r~~ ~' ~~ J ~ .~'° Name: ~ ~e.e,.. ~,_~. \J'~ ~ /~Sa./ Title: /'~~ Yv ice, Date: 1 f~i`~~'c' ~~-~ KERR COUNTY: By: Name: /~ il! Title: C,r d JN7''~ ~,l J/JG-,E Date: ~ ; ~ ~~ S? HEADWATERS GROUNDWATER CONSERVATION DISTRICT: By: ~ ~ C~~--~G{ Name: Sa h'v~! ~. ~(.~~~ p 1! Title: /~ S ~ ~-~ Date: ~~~ o~- ~ ~d -~ 3