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)