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HomeMy WebLinkAboutItem 07 - Water Rights LitigationITEM # 7 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER #' MEETING DATE: JANUARY 4, 2000 SUBJECT: ENGINEERING SERVICES/WATER RIGHTS RECOMMENDATION: City Council to consider authorization of a contract amendment to increase the engineering services agreement with Freese and Nichols Inc. in the amount of $50,000 for water rights litigation and designate the City Manager as signatory. FUNDING SOURCE: Funds are available in the following accounts: Account number Description Amount 200-44540-530-2 Professional -Services $50,000 BACKGROUND: The City of Grapevine, City of Dallas and Dallas County Park Cities Municipal Utility District (DCPCMUD) each have water rights in Lake Grapevine to divert water for municipal purposes. The granted water rights are greater than the amount of water that would flow into the lake during time of drought and the water rights in the lake are consider over allocated. DCPCMUD has the senior water right due to the fact they applied to the Texas Natural Resource Conservation Commission (TNRCC) first in time followed by Dallas then Grapevine. This means that in the event of a drought DCPCMUD would receive water from Lake Grapevine first followed by Dallas then Grapevine. Grapevine would not have a dependable water supply from the lake. DCPCMUD has requested a water right amendment to allow for the inclusion of the right to utilize additional water for irrigation purposes on a senior priority from the TNRCC. A greater burden would be placed on the lake to supply DCPCMUD with water prior to Dallas and Grapevine. December 20, 1999 (4:14PM) Dallas and Grapevine protested the granting of the permit amendment stating that by kl� allowing DCPCMUD to utilize additional water for irrigation purposes would injure Dallas and Grapevine by reducing the amount of water available in the event of a drought. Additionally Grapevine maintains that we are the only water right holder that returns water to the lake and we should receive credit for this. The TNRCC Commission remanded the matter to an administrative hearing. Freese and Nichols Inc. has provided expert testimony for Grapevine and the cost limit previously approved by the City Council has been reached. Staff requests the City Council authorize additional expenditures for Freese and Nichols in the amount of $50,000. MS/ms December 20, 1999 (4:14PM)