HomeMy WebLinkAbout1986
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ddlos wame uMm MAR 2 41986
c4Y Wn s ages, Toes 7a7r1 . (214)GM40i
ixtlf GERSOffICE
March 21, 1966
Charlotte Allen
city secretary
City of Denton
216 E. McKinney
Denton, TX 76201
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Dear Ms. Allem. the draft testimony to be given by
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Enclosed for your infonhation is i
the draft testimony be given by the use of Representati
Annette nd WatertDevelopmeent fin Washington, D.C, on APrile9. 19B6ttee on Energy
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If you have any questions please feel free to contact me.
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RandGoss, Manager
Water and Wastewater Planning f
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A eN utllny prWding Dallis wlth water purification and distribution, wsia waie r eollootlon and treatment
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STATEMENT OF THE MY OF DALLAS
BEFORE THE COMMITTEE ON
ENERGY AND WATER DEVELOPMENT
COMMITTEE ON APPROPRIA7ION #.._,..1
HOUSE OF REPRESENTATIVES
APRIL 9, 1986
MY NAME IS ANNETTE STRAUSS AND I AM MAYOR PRO TEM FOR FOR THE CITY OF DALLAS.
LET ME EXPRESS MY APPRECIATION AS WELL AS THAT OF MAYOR STARKE TAYLOR AND THE
1 DALLAS CITY COUNCIL FOR YOUR COMMITTEE'S CONTINUED SUPPORT FOR THE RAY ROBERTS
LAKE PROJECT, 1
M 'TtS1EMyNy 7 tin6 ~ IS MAt~ 111j~L~NALF O~
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THE CITIES OF DALLAS AND DENTON''ARE CO-SPONSORS OF THIS PROJECT AND HAVE
CONTRACTED WITH THE CORPS OF ENGINEERS FOR THE DESIGN AND CONSTRUCTION OF THIS
PROJECT IN ORDER TO OBTAIN A WATER SUPPLY OF 76 MILLION GALLONS PER DAY. AS
YOU ARE AWARE, THE DALLAS40AT WORTH AREA HAS EXPERIENCED RAPID GROWTH IN THE
MAST FEW YEARS. THIS PROJECT IS A NECESSARY MEANS TO SERVICE THIS GROWTH, AND
TO PROVIDE A SOURCE OF WATER SUPPLY, RECREATION, AND FLOOD PROTECTION FOR ITS
CITIZENS.
SINCE WE LAST APPEARED BEFORE THIS COMMITTEE IN APRIL 1985s CONSTRUCTION OF
THE DAM AND OUTLET WORKS HAS PROGRESSED SATISFACTORILY, AND THE CORPS HAS
ADVISED US THAT DELIBERATE IMPOUNDMENT IS SCHEDULED FOR JULY 1981.
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THE C44W OF DALLAS ~ EQUESTS THAT PRESIDENT REAGAN`5 1967 BUDGET ALLOCATION
THE RAY ROBERTS LAKE PROJECT BE ACCEPTED AND SUPPORTED BY THIS C"ITTEE.
FUNDING REQUESTED INCLUDES $34 MILLION FOR CONTINUED PROJECT CONSTRUCTION AND
=136,000 FOR OPERATION AND MAINTENANCE OF THE RESERVOIR. WITH YOUR APPROVAL OF
THIS FUNDING, THE PROJECT CAN REMAIN ON SCHEDULE AND CONSTRUCTION OF THE DAM,
ROAD AND RAILROAD RELOCATIONS, DESIGN OF RECREATIONAL FACILITIES, AND LAND
ACQUISITION CAN CONTINUE. ANY CUT-BACKS COULD MEAN A DELAY IN THE TIMELY
COMPLETION OF THIS PROJECT WHICH COULD HAMPER US GREATLY IN MEETING THE HATER
NEEDS OF OUR REGIONI ALSO, AS YOU KNOW, WHEN THE PROJECT IS COMPLETED, THE '
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` LOCAL SPONSORS WILL BEGIN REPAYING, WITH IWTERE51, THE MONEY ADVANCED BY THE
FEDERAL GOVERNMENT. ANY DELAY IN THIS PROJECT WILL OF COURSE DELAY THAT
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REPAYMENT.
I URGE YOUR CAREFUL CONSIDERATION OF THE ADMINISTRATION'S BUDGET REQUEST FOR
FULL FUNDING FOR THE RAY ROBERTS LAKE PROJECT. I LOOK FORWARD TO YOUR
CONTINUED COOPERATION IN THIS IMPORTANT MATTER.
THANK YOU VERY MUCH.
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RAY ROBERTS LAKE
INFORMATION SHEE'r
* General Facts
- Location: On Elan Fork of Trinity River, in northeast Denton County
extending into Cooke and Grayson Counties. Dam site is 30 river :wiles
upstream from Lewisville Lake Dam.
- Storage! 799,600 acre feet of rater covering 37,630 acres of land
- Dam: Earth filled with concrete spillway and outlet works
- Total project size: 43,460 acres
* Dallas and Denton are local sponsors of project
- Share in water and share in costs 74%/26%
* LWFW conducted Feasibility Study for local sponsors
- Looked at alternate reservoirs
- looked at alternate financing
- Recommended contracting with Corps for Ray Roberts
* Corps Contracts
j - Federally finan:ed
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- Interest rate fixed at 7.21%
- Pay beck over 50 years
- Two contracts: hater i!:pply and Recreation
- Contract includes raising the elevation of Lake Lewisville by 7 feet
- Council authorized City Manager to enter into contracts January 301 1980
- Contracts signed September 16, 1980
- Construction began 1980
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RAY ROBERTS LAKE FFF
INFORMATION SHEET
* Estimated Costs (1985 dollars)
Water ~Supply Recreation fish i Wildlife Total
Dallas (74%) j1 - TY1464,000 MU-qM TTKI37Tl-W
Denton (26%) 41,3590004 216220000 70,000 4400511000
State 10,DOO,OOO 1000001000
Federal u81 ,6774tl:300 086 ODO ;1 810 000
,08V:UuV U0Z 0,57~IIO;
TOTAL $z4 ODII
h Water Supply Contract
- term is 100 years
• Corps to finance, build, operate, and maintain reservoir
- Cities reimbur%e Corps for DAM expenses related to water supply
- Repayment of 48% of -water supply capital costs can be deferred, interest
E free, for 10 years
- Payment begins upon. closaror ot-dam-gates, currently anticpated-My-,
1987 ~sll~eN tr1~7r c~ `6wrsa;lll 1r1r~~ far- IK
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Recreation Contract
- Corps and local sponsors pay 60-50 of construction costs
' - local sponsors responsible for 100% of OSM
- Recreation facilities at Lewisville Lake as well as Ray Roberts
j - Corps to develop Recreation Master Plan with local sponsor assistance
- Master Plan for Ray Roberts completed and approved, and design has begun
* Recreation Master Plan
• 2 major parks developed initially - Johnson Branch and Isle du Bois
f • 5 small parks/access points developed initially Pecan Creek, Pond
k Creek, Buck Creek, Wolf Island and Jordan Park
• 1 park for future development - Culp Branch
Downstream access to park
• 7 vetland areas for voter fowl
- 8 fish rearing facilities
RAY ROBERTS LAKE
INFORMATION SHEET
- Guaranteed 15 cfs minimum release to maintain fish and wildlife habitat
between Ray Roberts lake and lake Lewisville
* Texas Parks and Wildlife Department Involvement
- Will finance and construct State Park at Ray Roberts
local sponsors finance and construct remaining recreational facilities
- Texas Parks and Wildlife agreed to manage, operate, and maintain all 00 1
recreational facilities and lands
• Will not manage, operate, and maintain park at Lewisville
Will manage, operate, and maintain Greenbelt Park
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' GREENBELT CORRIDOR
INFORMATION SHEET
1. General Background
* Possible park identified by Corps 1974
* Dallas staff requested Corps to evaluate Greenbelt as alternative to
conventional park required for Lewisville Lake
* State willing to fund 25% construction cost and to manage, operate, and
maintain
' * Corps found Greenbelt offered recreational opportunities not found in
conventional park at Lewisville Like: canoeing, rafting, stream
fishing, protection of environmentally sensitive area
* Less acreage (1,600 acres compared to 2,900 acres)
* Less costly (=3,095,000 compared to $4,322,000)
f * Less annual 08M ($50,000 compared to $192,000)
* Better cost to benefit ratio (10,2 to 1 compared to 4.5 to 1.0)
It. Current Status
* Corps drafted supplements to contracts and Master Plan
* Corps held public comment period
j * Some property owners whose lands would be taken are opposed
* Supported by:
- Texas Parks i Wildlife Department
- Various environmental groups
- Dallis Parks 8 Recreation Department
- City of Dallas (Council Resolution 11-2-83)
- City of Denton (Council Resolution 10-4-83)
* Corps conducted Public Hearing September 26, 1983
- 250 people attended
- 50-50 for and against
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GREENBELT CORRIDOR
INFORMATION SHEET
* Corps evaluated support for Greenbelt land and Issued Public Notice '
that Greenbelt Park study will continue
* Corps conducted public workshop in April, 1984
* Cities and Corps agreed upon a Greenbelt plan that includes the State
contributing 2S% of funding (October, 1984)
* Corps Issued a Public Notice in November, 1984 ommendfnq development
of the Greenbelt Corridor. A 30-day comment pr ad was allowed.
* Corps District Office sent recommended plan the SW Division office
for approval. After approval by SW Divisi the recomnded plan was
sent to OCE for approval. Final approval n yet received.
* Cost to Dallas has been tentatively estimated at $8426710
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TOTAL PROJECT STATUS
RAY ROBERTS LAKE
As of February, 1986
Project Category Percent Complete
Dam and Outlet works 99%
Real Estate Acquisition 73%
Road and Rail Relocations
Reservoir Clearing, Grading 50%
Recreation Facilities 0%
Cultural Resource Preservation 50%
OVERALL PROJECT 64%
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STATc..ENT OF THE CITIES OF DALLAw-6 DENTON
BEFORE THE HOUSE AND SENATE SUBCOMMITTEES ON
ENERGY AND WATER DEVELOPMENT
April 3, 1985
My name is Richard Stewart, and I am Mayor of the City of '
Denton. The Cities of Dallas and Denton are co-sponsors of the Ray
Roberts Lake Project. Today, I represent the interests of both
cities. Let me express my appreciation, as well as that of Mayor
Starke Taylor of the City of Dallas and our respective City
Councils, for your Committee's continued support for the Ray Roberts
Lake Project. {
Since we last appeared before this Committee in April 1984,
construction of the dam and outlet works has progressed quite
satisfactorily, and, the acquisition of project lands is on
schedule. Due to good Texas weather and adequate funding, the
contractor has completed 781 of the construction. The Corps advises
I us that they now anticipate they will begin filling the reservoir in
mid- 1987.
The Cities of Dallas and Denton contracted with the Corps of
Engineers for the design and construction of this project to obtain
76 million gallons per day water supply. In addition, much-needed
recreational facilities will be provided for the region. As you are
aware, the Sunbelt has experienced rapid growth in the last few
years, and the Dallas-Denton area has been one of its fastest
growing arkfas. In order to service this growth, the water supply,
` the recreational opportunities, and the flood protection offered by {
this project are necessary.
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' For this reason, the Cities of Dallas and Denton request that
president Reagan's 1986 budget allocation for the Ray Roberts Lake
Project be accepted and supported by the Committee. Funding
requested includes $52 million for continued project construction
and $96,000 for reservoir operation and maintenance.
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roval of the funding for 1986, this project can t
With your app
remain on schedule and construction of the dam, road and railroad
relocations, design of recreational facilities, and land acquisition
can continue. Any cutbacks could mean a delay in the timely
completion of this project which could hamper us in meeting the 1
water needs of our region. You are aware that the local sponsors
repay, with interest, the money advanced by the federal government. l
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Any slowdown would delay the government getting its money back-- `
since the local sponsors do not start repayment of the loan until
j the project is complete.
1 urn- your careful consideration of the Administration's
Roberts
budget request and your support of full funding for the Ray
Lake project, ?hank you for your continued cooperation in this
matter. I appreciate and thank you for the opportunity to address
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STATEMENT OF THE CITY OF DALLAS DUPLICATE
BEFORE THE HOUSE AND SENATE SUBCOMMITTEES ON
' ENERGY AND HATER DEVELOPMENT
April 3, 1985
My name is Annette Strauss and I am Mayor Pro Tem for the C+ty of
Dallas. Let we express my appreciation as well as that of Mayor Starke
Taylor and the Dallas City Council for your committee's coiitinued support
for the Ray Roberts Lake Project.
The Cities of Dallas and Denton are co-sponsors of the Ray Roberts Lake
project. Today I represent the interests of both cities. Since we last
appeared before this committee in April 1984, construction of the dam and
outlet works has progressed quite satisfactory. And, the acquisition of
oroject lands is on schedule. Due to good Texas weather and adequate
funding, the contractor has completed 78% of the construction. The Corps
advises us that they now anticipate to begin filling the reservoir in mid
1987.
The Cities of Dallas and Denton contracted with the Corps of Engineers
for design and construction of this project to obtain 16 million gallons
per day water supply. In addition, much needed recreational facilities
J will be provided for the region. As you are aware, the Sunbelt has
experienced rapid growth in the last few years and the Dallas area has
been one of its fastest growing areas. In order to service this growth,
the water supply, the recreational opportunities, and the flood
protection offered by this project are necessary. For this reason, the
Cities of Dallas and Denton request that President Reagan's 1986 budget
allocation for the Ray Roberts Lake Project be accepted and supported by
the committee. Funding requested includes $62 million for continued
project constructon and $96,000 for reservoir operation and maintenance.
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` With your approval of the funding for 1986, this project can remain on
schedule and construction of the dam, road and railroad relocations;
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design of recreational facilities, and land acquisition can continue.
f Any cut backs could mean a delay in the timely completion of this project
which could hamper us in nmeting the water needs of our region. You are
aware that the local sponsors repay with interest the money advanced by
the federal government. Any slowdown would delay the government getting
its money back since the local sponsors do not start repayment of the
loan until the project is complete.
1 urge your careful consideration of 'he Administration's budget request
and your support of full funding for the Ray Roberts lake project. Thank
you for your continued cooperation in this matter. I appreciate and
thank your for the opportunity to address you today.
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FOR RELEASE APRIL 99 1986
TRINITY DELEGATION- PRESENTS STATEMENTS
Irving - Water development interests from throughout the Trinity Rlver
watershed converged in Washington, DC, under the sponsorship of the
Trinity Improvement Association (T1A) during April 8 - 10 to present
funding recommendations for FY 1987 to the House Subcommittee on
Appropriations for Energy and Water Development. In testimony on 00
April 9, Russell H. Perry, Dallas, President of TIA served as moderator
for the presentation of statements by delegates to the Subcommittee.
Perry noted that the budget request for Corps of Engineers civil
works projects for the entire country for FY 1987 Is 32% more than
requested last year. Amounts requested for the Trlnlty basin have been
reduced because two major projects, lakes Ray Roberts and Joe Pool,
are nearing completion. The Corps of Engineers reports that the
amounts asked for will be adequate to meet schedules for completion of
these two projects.
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Statements supporting continued construction funding In the
amount of $34,000,000 for Ray Roberts Lake (formerly known as
f Aubrey Lake) were presented by Dallas Mayor Pro-Tem Annette Strauss
on behalf of the cities of Dallas and Denton. They share responsibilities ~
J as local sponsors for Ray Roberts Lake and, with their customer cities,
will be the project's principal beneficiarl6.
An appropriation of ;907001000 for continued construction of Joe
Pool Lake (formerly Lakeview Lake) was recommended by Greg Patton,
Cedar Hill, president of the Joe Pool Lake Planning Council. This
project will supply water to the rapidly growing mid-cities area of the
Dallas/Fort Worth metroplex.
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P2;ton's remarks were supported by the Trinity River Authority of Texas (TRA)
statement presented by TRA Board President Blake Gillen, Corsicana. TRA serves as
local sponsor for Joe Pool Lake, and as such Is responsible for repaying the federal
government a substantial portion of the project costs attributable to water supply and
recreation.
TRA's statement also supported an appropriation of $1,600,009 for FY 1987 for
the fourth year of a feasibility study on Bedias Lake, to he located in Madison, Walker
and Grimes counties. Intended as a supplemental water supply for the lower Trinity
region and possibly Houston, the study Is being performed by the Bureau of
Reclamation. Bedias could make a large supply of water quickly available to meet a
growing need.
A recommendation was made for Congressional support of Wallisville Reservoir
to the amount of the Corps of Engineers capability of $100,000 se the design can
continue. Construction on Wellisvillo was more than 75% complete In 1973 when
progress was stopped by an environmental lawsuit. The court has ruled the NEPA
procedures were violated by Congress when the Committee authorized the modified
project in 1983. It is expected this ruling will be appealed.
Without the Walllsville project, the raw water intake structures of four separate
rice Irrigaton systems in the tower Trinity as well as the Coastal Industrial Water
` Authorlty, which supplies water to the Houston/Galveston Industrial complex, remain
vulnerable to saltwater Intrusion.
Speaking on behalf of the Houston Chamber of Commerce, Mrs. Carol Dinkins
reiterated the Importance of Walllsvllle Reservoir to solving the City of Houston's
problem In controlling subsidence due to the extraction of groundwater from
underneath that city. Over $160,000,000 has already been spent on the conveyance
systems to bring Trinity/Wallisvllle water into Houston where it Is vitally needed. The
local sponsors of Walllsville are well prepared to continue their efforts to see this
project completed.
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Construction funding in the amount of the President's budget estimate of
$3,000,000 for the Cooper Reservoir located on•the Sulphur River was recommended
by Carl Riehn, Wylie, executive director of the North Texas Municipal 'Hater District.
Work at this long delayed project has been resumed following the Fifth Circuit Court
of AF;.eals lifting of a lower court's Injunction halting the project. Since the budget
estimate was prepared, the Corps of Engineers has developed criterla that will allow
expediting the project if an additional $3.1 million can be made available; and this is
also recommended.
Homer Smith, Liberty, spoke for lower Trinity Interests and the Port of Liberty,
expressing thanks for the support Congress has demonstrated in restoring navigation up
to Liberty. This Is expected to Improve the economy along the lower Trinity. He
supported a $200,000 approprlation for advanced engineering and design, part of which j
will aid the Liberty navigation component of the Trinity River Project.
As Is the custom on the annual TIA Washington trip, all 63 members of the
Trinity delegation paid their own expenses.
For more information contacts
Dr. 1. M. Rice
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Executive Vice President j
Trinity Improvement Assoclatlon
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TRINITY IMPROVEMENT ASSOCIATION Page I of 4
1986 CONGRESSIONAL HEARINGS
DELEGATE NAMES AND ADDRESSES
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UPPER TRINITY Mr. Danny Vance
General Manager
Trinity Improvement Association: Trinity River Authority of Texas
p, 0. Box 60
Mr. Berl E. Godfrey Arlington, TX 76010
Chairman of the Board Mr. J. Sam Scott
Trinity Improvement Association Executive Services Manager
3200 Continental Plaza Trinity River Authority of Texas
Fort Worth, TX 76102 P. O. Box 60 1
Mr. Russell H. Perry Arlington, TX 76010
President Mr. Warren Brewer
Trinity Improvement Association Northern Region Manager
P. O. Box 223000 Trinity River Authority of Texas
Dallas, TX 75222 P. 0. Box 240
Dr. I. M. Rice Arlington, TX 76010
Executive Vice President Mr. Grady Manis
Trinity Improvement Association Southern Region Manager
P. O. Box 165085 Trinity River Authority of Texas
Irving, TX 75016 p, 0. Box 1554
f Mr. Andrew Gibbs Huntsville, TX 77340
Director
Trinity Improvement Association North Texas Municipal Water Districts
P. O. Box D Mr. Carl Riehn
Mabank, TX 75147 Executive Director
Ms. Sue A. Wiese North Texas Municipal Water District
Office Manager P. O. Drawer C
i Trinity improvement Association Wylie, TX 75098
P. O. Sox 165085 Mr, John Gay
Irving, TX 75016 Attorney, North Texas Municipal Water Dist'
Trinity River Authority of Texas: Gay and McCall
777 East 15th Street
Pre Blake Gillen Plano, TX 75075
President
Trinity River Authority of Texas ?errant County WCID: ~
f P. O. Sox 1655 Mr, Jim Oliver
II Corsicana, TX 75110 General Manager
Mr. Don Cutter Tarrant County WC&ID No. 1 i
Director P. O. Box 4508
Trinity River Authority of Texas Fort Worth, TX 76106
107 East Camp Wisdom Road Mr. James Strewn
Duncanville, TX 75116 Manager, Planning & Development
Mr. Bruce Smith Tarrant County WC&10 No. I
Director P. O. Sox 4508
Trinity River Authority of Texas Fort Worth, TX 76106
204 First National Bank
Athens, TX 75751
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City of Duncanville:
Mr. Alan Thomas The Honorable Cliff Boyd
managers Financial Affairs Mayor
Tarrant County 'NC&lU No. 1 City of Duncanville
P. O. Box 4508 P. D. BOX 280
Fort Worth, TX 75106 Duncanville, TX 75116
City of Cedar Hilir Mr. Dan Dodson
The Honorable Ken Lander City Manager
City of Duncanville
Mayor P. D. Box 280
City of Cedar Hill Duncanville, TX 75116
P. O. B+,x 96
Cedar Hlli, TX 75104 City of r3rand Prairie:
The Honorable T. W. Cannady The Honorable Ruthe Jackson 00
Councilman Councilwoman
City of Cedar Hill
~ P. O. Box 96 City of Grand Prairie ,
p. O. Box 11
Cedar Hili, TX 75104 Grand Prairie, TX 75051
The Honorable Cecil Wise Mr. Bill Hargett
Councilman, Director of Public Works
City of Cedar Hill City of Grand Prairie
P. O. Box 96 P. D, Box 11
Ceder Hill, TX 75104 Grand prairie, TX 75051
Mr. Greg Vick
City Manager City of Mansfield: I
City of Cedar Hill 'The Honorable Wayne Wilshire I
P. O. Box 96 Mayor
Cedar Hill, TX 75104 City of Mansfield
city of Dallas 1305 fie 0 X
Mansfield ld, TX 76063
The Honorable Annette Strauss The Honorable John Justice
4ayor Pro-Tern Councilman
City of Dallas City of Mansfield
City Hall, Room SF North P. D. Box 482
Dallas, TX 75201 Mansfield, TX 76063
Mr, Mike Tubbs Mr. Chris Burkett
Director of Water Utilities Director of Planning Development
City of Dallas City of Mansfield
City Hall, Room 4A North 1305 East Broad
Dallas, TX 15201 Mansfield, TX 76063 1
City of Denton:
City of Midlothian:
The Ho::arable Joe Alford The Honorable George Kent
f Councilman Mayor
City of Denton City of Midlothian
City Halt, 215 East McKinney 235 North 8th Street
Denton, TX 76201 Midlothian, TX 76065
Mr. Lloyd Harrell Kelsel
City Manager Mr. Buddy y Manager
City of Denton Acting City Man
City Halt, 215 East McKinney City of Midlothian
235 North 8th Street
Denton, TX 16201 Midlothian, TX 76065 1
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Joe Pool Lake Planning Council: Mrs Elaine Russell
Mr. & Mrs. Greg Patton President, Women's Division
President Mansfield Chamber of Commerce
Joe Pool Lake Planning Council 100 North Walnut Creek Drive
P. 0. Box 400 Mansfield, TX 76053
Cedar Hill, TX 75104 Midlothian Chamber of Commerce:
Mr. Doug Kinsinger Mr. George Pof f
Secretary Treasurer Joe Pool Lake Planning Council Manager
P. 0. Box 36 Midlothian Chamber of Commerce
Duncanville, TX 75116 P. O. Box 609
Midlothian, TX 76065 +
Cedar Hill Chamber of Commerce:
~ OTHER UPPER TRINITY INDIVIDUALS:
Mr. & Mrs. W. S. Perminter
President Mr. E. L. Watson
or Vice President
Ceder Hill Chamber of Commerce Sonl Texas Utilities Electric Company
Cedar Hill, TX 75104 2001 Bryan Tower
Dallas, TX 75201 i
Dallas Chamber of Commerce: MIDDLE TRINITY:
Mr. Tom Taylor
Member, Water Committee COUNTY OF MADISON:
Dallas Chamber of Commerce The Honorable Billy Wilson
333 West Campbell, Suite 400 Commissioner ' ,
Richardson, TX 75080 County of Madison
I! Madison County Court House I
Duncanville Chamber of Commerce: Madisonville, TX 77664
Mr. Steve Martin
President COUNTY OF POLXi
Duncanville Chamber of Commerce The Honorable Wayne Barer
926 South Cedar Ridge Judge
Duncanville, TX 75137 County of Polk
Mr. John Thompson Polk County Court Hcuse
f Chairman, Economic Development Livingston, TX 77351
J Duncanville Chamber of Commerce The Honorable J. J. (Buddy) Purvis
P. 0. Box 460 Commissioner
Duncanville, TX 75138 County of Polk
Polk County Court House
Grand Prairie Chamber of Commerce: Livingston, TX 77351
Mr. Jim Switzer
President HUNTSVILLE CHAMBER OF COMMERCE:
Grand Prairie Chamber of Commerce Mr. Joe B. Henderson, Jr.
2513 Sherman, Room 224 Director
Grand Pralrle, TX 75051 Huntsville Chamber of Commerce
f4 One Financial Plaza, Suite 210
Mansf laid Chamber of Commerce: Huntsville, TX 77340
Mr. Arthur Blackwood Mr. Roy Williams
Director President
Mansfield Chamber of Commerce Huntsville Chamber of Commerce
1102 Palm 1327 11th Street
Mansfield, TX 76063 Huntsville, TX 75340
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OTHER MIDDLE TRINITY INDIVIDUALS:
Mr. Mac Woodward, Jr.
2303 Rabinson Way
Huntsville, TX 77340-5526
LOWER TRIN1TYr
Port of Libertyt
Mr. Homer Smith
Acting Port Director
Port of Liberty
` P. O. Box 3007
Liberty, TX 77575
Mr. Art Barkls
Commissioner, Port Commisslon
Port of Liberty
1201 Bowie
Llberty, TX 77575
Mr. John Hebert i
Commllsloner, Port Commission
Port of Liberty
P. O. Box 876
Liberty, TX 77575
I Mr. Ernie Zieschang
Commissioners Port Commission
Port of Liberty
f P. 0. Box 1041
Liberty, TX 77575
Chambers-Liberty Counties
Navigation District:
Mr. Paul Crutchfield
General Manager
Chambers-Liberty Counties
Navigation District
P. 0. Box 518
Anahuacs TX 77514
City of Lthertys
The Honorable C. Scott Parker
Mayor
City of Liberty
P. O. Box 407
Liberty: TX 77575
Ho,iston Chamber of Commerce:
Mrs. Carol Dinkins
Member
Houston Chamber of Commerce
2815 First City Tower
Houston, TX 77U02
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DALLAS Wi UK CON'iKACT
Concerns
1. Combining agreements on yield of Lewisville and Ray Roberts
with purchased water contract.
2. Establishing 4.34 MGD as yield of Lewisville for 1980.
3. No wention of recognition of Denton's permit withdrawal
rate or storage rights in Lewisville.
4. Paragraph 3.4
Restrict future yield calculations to Dallas' methodology
of safe yield.
5. Paragraph 3.5
Establish yield of Kay Roberts based on year 2000 which
then causes yield to be dependent on Dallas' water usage.
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f 6. Paragraph 3.6
Restricts use of 96,880 acre feet in bottom of reservoir.
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7. Paragraph 4.4
Overdrafting is tied to top half of lake, underdrafting
must take place during lower half. Dallas could
substantially affect this level since they essentially
operate the lakes. Overdrafting should be tied to a
percentage of Dallas' overdrafting.
8. Paragraph 4.0
j do overdrafting allowed on Lewisville.
90 Paragraph 5.4 1
Has a water purchase ratchet whereby demand can never be
less than previous year usage.
10. Paragraph 5.5
Furnishing of water to Denton by Dallas appears tentative
and perhaps arbitrary.
11. Paragraph 8.2
Denton may be liable for take-or-pay for five years.
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12. Paragraph 9.1
1
Dallas may dictate what Denton charges other entities or
treated water.
13. Paragraph 9.2
Wording on sales price of Kay Roberts appears confusing. 1
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14. Paragraph 10.2
j Dallas City Council sate rates. Exhibit 6 establishes full
agreement to the 1.5% return on investment charge.
15. Paragraph 11.0
Readiness-to-serve clause seta out a 2MGD take-or-pay 4
charge. (however) no restrictions on sale of our water from
Ray Koberts or Lewisville.)
16. Paragraph 13.0
i' Operational agreement is part of this contract. Perhaps I
# yield issues and operational agreements should be separate
t from water purchase contract.
I Paragraph 16.0
j Sewage treatment facilities probably should not be in
contract.
{ 18. Paragrapn 16.3
Dallas requires 25% of purchase water to be returned if
purposes water (However, entire anything is vaguen and normal
unenforceable.) 1
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Positive issues in Contract
Denton secures a contract for water with options to renew.
2. Paragraph 3.2
Dallas agreed to 7b MGU vs 7~ MGU on Ray Roberts.
3. Paragraph 3.3
Effluent return is calculated into yield for Lewisville
(although fairly tentative).
4. Paragraph 4.0
Overdrafting rights with options of either wells or future
multiple reservoirs.
5. Paragraph 4.2
Restricts Dallas overdrafting during filling period.
6. Paragraph 5.1, 5.2 and 5.3
Purchased water requirements, Exhibit C, is projected only
and actual water purchase demand can be established
annually 90 days prior to the beginning of the year. No
penalty or limit on excess withdrawals.
7. Paragraph 6.1
Dallas agrees to allow Denton to withdraw water either from
Lewisville or Ray Roberts with no restrictions on amounts
l at either point.
f 8. Paragraph 8.0
Ability to withdraw from Dallas system with minimum penalty. i
J 9. Paragraph 9.1 I, 1
A~talelle~ickorthat oanda5hady Shores 811 water to Corinth, I
gY Y Creek
10. Paragraph 10.1
Establishes a fixed methodology and review of rate setting
process.
11. Paragraph 12.0
Curtailments, although similar to all other Dallas water
contracts, recognizes that Denton is unique.
2923U-3
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12. Paragraph 15.0
Dallas places no restrictions on Denton's water wells.
13. Paragraph 16.2
Dallas recognizes effluent return flow to Lewisville.
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Items that Must be Changed
1. Paragraph 3.1
Based on 4.8165 MUD and 90.2 Mug from Lewisville, annual
yield should be 1585.74 and 1590.08 for 365 and 366 day
years vs 1584.1 and 1566.44•
2. Paragraph 5.4
Ratchet on purchased water.
3. Paragraph 6.3 E
s
Dallas needs to pay for meter test if meter is ok or is
running fast. Need to reference paragraph 10.7 in this ! r
paragraph also.
4. Paragraph 8.2
Reword to define notice time for withdrawal from Dallas
system and limit take-or-pay to five years from such notice
date, rather than date Denton ceases to take water.
5. Paragraph 11.4
j
Readiness to serve if allowed, should not start until Ray
Roberts is full.
6. Paragraph 16.3
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Need to rewrite for clarification.
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DRAFT
( THE STATE OF TEXAS fv)
COUNTY OF DALLAS }
UNTREATED WATER PURCHASE CONTRACT
THIS CONTRACT made and entered into this the day
of , 14840 by and between the City of Dal ai -s -Texas,
hereinafter cawed Dallas, and the City of Denton, hereinafter
called Denton.
I
WHEREAS, Dalla~ and Denton presently own certain water rights in
an existing water,reservoir, Lewisville Lake= and
WHEREAS, Dallas and Denton have agreed to jointly construct Ray
Roberts Lakel and
WHEREAS, Ray Roberts Lake, when constructed, will be integrally
operated in conjunction with Lewisville Lake$ and
WHEREAS, Dallas and Denton desire to agree on operation and
t respective yields of Dallas and Denton from Lewisville Lake and Ray
Robe,~rts Lake during and after the filling of Ray Roberts Lakej and,
'l WHEREAS, Denton's share of the yield in Lewisville Lake and Ray {
Roberts Lake may not be adequate to satisfy Denton's requirements ! I
for untreated waters and
a
WHEREAS, Denton is desirous of purchasing untreated water from
Dallas, and Dallas desires to sell untreated water to Denton as set
forth herein under the terms and conditions herein statedi
NO'R, THEREFORE, Dallas and Denton in consideration of the terms,
covenants, and conditions herein contained, hereby agree as followal
W I T N E S S E T do
1.0 WATER SALES
f
1.1 Dallas agrees to sell to Denton untreated water to meet
requirements of Denton subject to the terms and conditions herein
provided. F
4
1.2 The sale of untreated water to meet the requirements of
Denton may be subject to and limited oy available system supply.
The determination of availability rests with the Director of Dallas
Water Utilities. However, such sale shall not be unreasonably
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withheld and, such limitation shall consider only untreated water
supply availability.
2.0 GLOSSARY
2,1 Annual AyerrawalDraft- ationsa refer to annualr averagesranot
-Wt
over the year.
to instantaneous rate.
2.2 Conservation Pool Stora a Ca acct it The water storage
capacity between certa n a e eve s wn cn s designated for water
supply.
2, Conservation act waterlreseWat r, released or pumped for
r~ water supp y
2.4 Critical Drou hDallasn and oDentonvduringerthe historical
shortage exper ence by
record of hydrologic measurements. Tne Critical Drought of record
as of the signing of this contract occurred From 1950 to 1957. Y
the
2.5 on ann Lewisvillgureakof theisRayleRobertsprIncre mental
construction an gate c o pool is 515 feet mean
{ Project. The top of the conservation storage p
sea level (msl).
t~ 2.6 Dependable Yields The maximum annual demand that could be
supplied from a surace or ground water resource.
2e7 Fillip Periodsmental Projecrt to whpentimpoundmenteoflwater
of the Ra is sufficient to fill the Project Storage capacity.
2.8 MGDs million gallons per day.
2.9 overdraftin i Withdrawing water at a rate greater than
the dependab e y e of the lake.
2.10 Project Storage Ca acit s The project storage capacity of
`
defined to be the tota storage in Ray Roberts Lake (top o
conservation pool
st rage in Lewisville Lakeifrom x515 ito
feet) ands thefeet
522
{
x600 0 acre i
522 feet msl (estimated initial capacity 177,600 acre feet) for
total storage of 977x200 acre feet.
2.11 Ra? Roberts Incremental ,Pr0 ects A project constructing
Ray Roberts Lake (previously known as Lake AubreRobects rsheement
of Lewisville Lake. The yield of the Ray
Project is 16 MGD greater than tha existing Lewisville Lake. The 4
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r in Ra Robertes conservation stoae caa
andiincreasesdcon ervaticn storagercapacity cinyLewisville Lakes Lake
! 2.12 Sedimentation: The gradual settling of soil particles
washed into take, Over time, this process may reduce the
conservation pool storage.
2.13 water Budget Metnod: A conservation ofmass quatin
which can be so ve or a" inflow. For the purpose of s
contract, the equation is:
ipitation - Evaporation)
Change in Storage ■ Inf Withdrawals
x (Lake Surface Area)
3.0 DEPENDABLE YIELD SfiARE5
i r
3.1 Dallas and Denton hold water rights in Lewisville Lake
I premised on annual rights to impound and divert water from
Lewisville Lake. Water rights have not affixed the diversion
authority based on the dependable yield of Lewisville Lake. Dallas
and Denton agree that Dallas' share of the despenha le isield og
Lewisville Lake is 95.1835 percent and De 4.8165
percent. Dallas and Denton agree that these yield shares a
predicated on Denton not withdrawing, as De ton sori1 d spar p moree
thanF1584.10 million gallons per 365 day yearp milli
gallons per 366 day year, exclusive of effluet n return cons deration,
from`the existing Lewisville Lake. however, that if
t• shares, are recalculated in accordance with Suction 3.4, Denton's
maximum annual withdraals
would stheedependableiyield in et rms
such recalculationn, . ~
part G of sthisc Contra t and litteis iagreedbithat# aet of .year x1980 edthe
dependable yield of Lewisville Lake is 90.2 MGD. Dependable yield
does not include consideration of effluent return. Denton's
authority to withdraw additional untreated water from Lewisville
Lake 2 and Exhibit A of consideration thf Cef2luent ontract, returns is provided by Section
16.
r' 3.2 Denton agrees that although Denton has a permit to impound
and divert an additional 255,320 acre feet per annum from Lewisville
Lake and Ray Roberts Lake after Ray Roberts Lake is completed, the
year 2000 incremental dependable yield derive9 from constructing the
MGD) andp74and % tohuallass (56.
Ray Roberts
26% to Project Denton (19176 be 76
be r divided Incremental
shall 24
MGD).
3,3 For purposes of determining the annual .~aiounts of water
111 for which Denton will make payment to Dallas under tnis Contract, it
is agreed athat y share of tne
Denton'seannuallsharelofotheeeffluent
Lake and Ray
return shall be calculated by rounding to the first decimal place.
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3.4 Recalculation of lake yields shall oe accomplished whens
watershed. Drought of
A. a more
record occurs severe drought
the Lewisville than
Be either Dallas or Denton believes that changes in the
watershed or lake capacities have resulted in
y,
party significantly
a changeiindyieldnhashioccurredpmathe
contending different
at its own expense, employ a mutually agreeable consulting
and Dallas
firm to update inflows or lake recalculations. Provided, however, that capacities
may agree that Dallas will perform yield recalculations.
i~ All lake dependable yield recalculations shall be
1 determined by the following methods
i. The dependable yield of Lewisville Lake with top
of conservation level 515.0 feet will be recalculated
as though Ray Roberts Lake did not exist. This
calculation
wabase ter rights a in yield
iginal establishes allocation of the
the or Lewisville
Lake. 11
ii. The incremental dependable yield of Ray Roberts
Lake will be recalculated by applying the principles
and methods used to derive initial incremental
dependable yield incorporated into this Contract.
The criteria utilized in the initial Ray Roberts Lake
i{ incremental dependable yield determination is
E attached as Exhibit G.
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3.5 During the Ray Roberts Incremental Project Pilling Period
Denton and Dallas shall share in the available dependable yield of
I the Ray Roberts Incremental Project on the basis of Denton's 264 and
Dallas' 741. The available dependable yield shall be based on the 1
full project dependable yield of 76 MGD and the highest storage j 1
level previously attained in the project storage. The project
storage shall be calculated using year 2000 lake capacities as
follows:
I
A. Determine elevation of Lewisville Lake and calculate
storage in Lewisville Lake.
Be Determine the elevation of Ray Roberts Lake and
calculate storage in Ray Roberts Lake.
C. The project storage is the sum of item 1 above and
item 2 above leas the Lewisville Lake capacity at
elevation 515, out in no case shall the project storage be
less than zero.
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3.6 The largest value of project storage previously attained
shall be used to calculate the available yield as followst
y iiX48l - 8.44
Y ■ the incremental yield in MGD.
X s the largest project storage volume previously
attained in acre feet.
For values of X less than 96,880 acre feet, the value of Y a 0
For values of,~ greater than 969,500 acre feet, the value of Y a 00
4 ?6
Tne equation is valid for values of x greater than 961880 acre
feet and values of X less than 969,500 acre feet.
The above relationships are derived based on project storage
being proportional between Ray Roberts Lake and Lewisville Lake.
Exhibit B is a graphical representation of the above equation. The
curient project storage volume shall be determined on the first work
day!of each month.
'4.0 OVERDRAFTING
IE 4.1 Denton acknowledges that overdrafting of the Elm Fork by
E Dallas is premised on Dallas' having a multiple reservoir system and
P that when Dallas overdrafts a reservoir, there is a commensurate
underdraft of other reservoirs.
j 4.2 During the Ray Roberts Incremental Project filling period,
grannual eater thans itr wouldw have lif LRay
Dallas shall not o am amounts an
or Ray Roberts Lake e in n
_ Roberts Lake had not been constructed.
4.3 Dallas shall not overdraft the Ray Roberts Incremental
Project and Lewisville Lake to the extent that Denton's dependable
yield is diminished,
4.4 Denton does not, at the effective date of this contract,
M have a multiple system of reservoirs. However, Denton does own and
operate water wells of sufficient yield eeventcofcanC be used Drought
alternate source of water supply resources which
and an be yutiin the future lized as alternative souother rces for surface water of overdr Eting.
c
Dallas and Denton agree that Denton may overdraft the Ray
Roberts Incremental Project when the incremental Ray Roberts storage
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is more than half full. The incremental Ray Roberts storage is
calculated by determining the storage that would have been in the
existing Lewisville Lake and subtracting this amount from the
current total two lake (Lewisville and Ray Roberts) storage. The
' methodology for calculating the storage that would have been in
existing Lewisville Lake is outlined in Exhibit H.
Denton shall underdraft when the Ray Roberts Incremental Project
is less than half full. The amount of the Denton draft when the Ray
Roberts Incremental Project is below half full is to be determined
by calculating the average amount of Denton draft from the time the
storage was full until it reachis half empty, (excluding previous
periods when below half full) -,d entering the graph contained in
r-~ Exhibit H with this amount and reading the Denton draft below half
full on the axis.
t
Provided, however, that Denton will have an independent
consultant provide a study to validate the dependable yield of
Denton's alternative water resources including surface supplies and
the water wells that are to be drafted, in lieu of the Ray Roberts
I{ Incremental Project, when the Ray Roberts Incremental Project is
below half full. Dallas will be provided with a copy of studies {
validating the dependable yield. The initial study findings shall
be validated at ten year intervals.
in no event shall Dallas be obligated to supply Denton with a
additional untreated water where Denton's additional requirements
arise from inadequate planning of Denton's overdraft or failure of
Denton's water wells to produce adequate volume to compensate for
111 diminished yield resulting from Denton being required to underdraft I
the Ray Roberts Incremental Project when less than half full.
5.0 DEMAND: CHANGES IN DEMAND
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5.1 "Demand" means the maximum average annual amount of
untreated water, expressed in .MGD, to be withdrawn by Denton from
Dallas' rights within a water year. Exhibit C is Denton's projected
water usage on which this Contract is based.
5.2 Denton shall give annual notice to Dallas of Denton's
demand for untreated water for the coming water year. Such notice
shall be given at least ninety days in advance, The Director of
water Utilities of Dallas may waive the ninety day notice
requirement for good cause shown.
5.3 In the event Denton withdraws more than the agreed demand
from Dallas' rights in a water year, Denton agrees to pay the total
annual demand charge for the entire year for any increase.
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5.4 The demand in any water year shall not be less than the
highest demand in any previous water year.
5.5 Denton agrees that Dallas' capability unt untreated in redses
in demand is subject to available supply Tne
determination of availability rests with the Director of Dallas
Water Utilities. However, providing additional supply shall not be
unreasonably withheld.
6.0 DIVERSION POINT, METERING, ETC.
6.1 Dallas agrees to sell untreated water contracted for by
Denton at diversian point(s) as delineated in Exhibit D attached
hereto and at such' additional points as may be mutually agreed upon
by both parties. Dallas acknowledges the acceptability of the
all current
mainttenance morereconditioning of Lthesexisti g Lake. f ilty
and all future metering facilities, whether delineated in Exhibit D
hereof or mutually agreed upon at a later date, shall be borne by
Denton. Unless otherwise mutually agreed to by Dallas and Denton,
Denton shall be responsible for the design, contracting,
All designs,
construction and financing of metering facilities.
matOrials and specifications shall be mutually agreed to by Dallas
and! Denton. Plans shall be submitted to Dallas for review and
comment. All metering and diversion facilities shall be designed,
{ constructed and operated in accordance with standard industry
j practices. Meters shall conform to American Denton that ciation
Standards, where such standards exist.
{ has'the right to make periodic inspections during the construction
j phase of the metering facilities. Final approval of completed
metering facilities is subject to the mutual agreement of Denton and
Dallas.
6.2 Denton agrees to provide ingress and egress for Dallas
employees and agents to inspect and test metering facilities owned
by Denton.
6.3 Denton will be responsible to insure each meter will be
operated and maintained so as to record with commercial accuracy.
Denton shall employ a professional meter testing firm, acceptable to
Dallas meters erobserve isuch altests. Dallasl hasvthe
representatives test
right to request a meter to be tested. The cost of such requested
accuracy, meter was
test shall be borne by perating within manufacturer's specifications reveals
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7.0 BOOKS AND RECORDS
7.1 Dallas agrees that Denton or its agent may nave access to
the books and records of Dallas Water Utilities at reasonable
times. Denton agrees that Dallas or its agent may have access to
the books and records applicable to Denton's Water Utilities at
reasonable times. J
8.0 ADDITIONAL SURFACE WATER SUPPLIES 'II
8.1 If Denton develops or acquires additional surface water
supplies other than Ray Roberts Lake and Lewisville Lake from any
source other than Dallas, resulting in reduced demand from Dallas,
then Dallas is released from the obligation to supply the demand
amount determined according to provision 5.0. In such event Dallas o
may adjust its supply obligation to levels commensurate with
Denton's reduced demand.
8.2 If within the term of this Contract Denton ceases to take
been watefrom r Dallas sacqbecause such uired, Denton other
at the option ofu Dallas, have
five years or the balance of this Contract, whichever is less,
remain liable for charges at the most recent annual billing level in
effect at such cessation. Dallas shall consider whether a direct or
indirect liability has been incurred on Denton's behalf in
determining whether to hold Denton liable for charges.
9.0 RESALE
E
9,1 Denton agrees not to sell water purchased from Dallas to
any person or entity outside Denton's.current water service area or
areas for which the State of Texas Public Utilities Commission s
issued Denton a "Certificate of Convenience and Necessity on may
be adjusted from time to time, unless Denton has received prior
written approval from the Director of Water Utilities of Dallas. At
the effective date of this Contract, Denton's water service area
includes Denton, Argyle, Corintn, Hickory'Creek, and Shady Shores.
In granting such authorization, Dallas may establish the terms
and conditions of the conveyance of stich water including, but not
restricted to, the setting of monetary rates for sale of such
water, "Convey" means sell, trade, donate, exchange, transfer
title, or contract therefor. Dallas agrees not to sell treated or
untreated water to customers in Denton's service area without
approval from Denton.
9,2 Denton and Dallas agree that neither party shall sell
their percentage share, or any part thereof, in the Ray Roberts
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Incremental project to any other municipality, corporation public or
private, partnership, association, person or other entity, without
first giving the other party the right to purchase such conservation
storage in said reservoir. In the event ieither part y coshall offer
nservation
the other party the purchase of any port
storage capacity of Ray Roberts Reservoir, the purchasing party
shall have rights of purchase of such storage capacity at original
cost from the selling party. The basis of such purchase shall be by
payment from the purchasing party to the selling party of its
investment prior to the date of such purchase, including interest on
bonds and reasonable engineering and legal costs which might have
been paid by the selling party, and assumption by the purchasing
party of the selling party's future obligations for that portion of
r storage capacity %eleased. Unless otherwise agreed, the selling
party shall :etasn such recreational facilities for which it had
paid and shall retain the obligation for all operating and
maintenance cos.s associated therewith.
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10.0 RATES ANO PAYMENT
' 10.1 Rates charged Denton shall be established by ordinance of
Dallas.
110.2 Denton understands that Dallas City Council nas the right
by ordinance to revise the rates charged, from time to time as
t needed, to cover all reasonable, actual and expected costs. The
Director of Water Utilities of Dallas will furnish Denton a draft
E copy of the Cost-of Service Study for proposed rates thirty (30)
days prior to submitting a rate increase request to the City Council
of Dallas. Any revision of rates shall be pursuant to principles
set forth in Exhibit E. attached hereto andmade a par of this
Contract. Any revision of Exhibit E, according to its terms and not
in conflict herewith, shall automatically be incorporated and become
a part of the contract. Dallas shall give Denton a minimum of six
months notice of intent to revise rates.
10.3 Denton agrees to provide Dallas with comments, if any, in
regard to the cost of service study within twenty (20) days after
receipt.
10.4 Denton agrees to give Dallas a minimum of thirty (30) days
notice of intent to protest rates or any other condition of service.
10.5 Denton shall pay Dallas for water withdrawals in excess of
iii Denton's dependable yield share and snares of effluent return of
Lewisville and Ray Roberts Lakes.
10.6 Dallas agrees to render a statement of charges monthly.
Payment is due upon receipt of statement. Denton agrees to pay
within fifteen (15) days of receipt of statement.
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r 1, 10.7 in 'the event a meter is discovered malfunctioning, then
the amount of water that has passed through the meter will be
estimated for each day the meter has not functioned correctly. The
last correctly measured monthly consumption will be used as a basis
for mutually calculating the amount of water delivered to Denton
during the time the meter has not been functioning correctly.
11.0 READINESS TO SERVE
11.1 When the Ray Roberts Incremental Project has filled I
sufficiently for Denton to begin withdrawals from their share of 1
the Incremental Project, Denton's purchases of untreated water
from Dallas are expected to gradually diminish. Such withdrawals
are anticipated to occur in 1987, but the actual date will vary,
upending upon construction schedules and weather conditions.
11.2 In 1990, it is anticipated Denton will have sufficient
untreated water available from their combined rights in Lake Lewis-
ville and Lake Ray Roberts to meet Denton's normal water requirements.
If so, Denton may not need to purchase any untreated water from
Dallas in those years when Denton's demand can be, satisfied from
Denton's own untreated water rights.
However, due to unusual weather, ultimate population growth or
other unanticipated conditions, Denton may need to purchase from
time to time supplemental untreated water from Dallas. Due to this A
potential need, Denton desires for Dallas to maintain sufficient
I reservoir capacity so as to be ready to meet Denton's demands for
untreated water in the years that Denton's untreated water rights
are not adequate to meet Denton's needs.
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11.3 In consideration of Dallas' agreement to obligate reservoir
capacity to meet Denton's potential, varying demands for untreated
water, Denton agrees to compensate Dallas for its cost in providing
capacity on a readiness to serve basis.
11.4 The charge for readiness to serve shall be based on
Denton's expressed average annual demand for untreated water pur-
chases from Dallas, as established by provision S, its actual with-
drawal, or 2 MGD, whichever is greater.
11.4.1 The readiness to serve charge, shall become effective
i at the beginning of the water year following Denton's initial with-
drawal from the Ray Roberts Incremental Project.
ll.S The annual readiness to serve charge shall be prorated
over 12 months and billed monthly.
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12.0 CURTAILMENT
12.1 Denton agrees that if water supplies are curtailed within
Dallas, Dallas may impose a like curtailment on deliveries of water
under this contract to Denton. Such curtailments shall be limited
to the extent that such supplies and service are curtailed due to ,
untreated water supply availability and giving recognition to the
fact that Denton diverts water from Lewisville Lake and Ray Roberts
Lake and supplies and provides all of its own untreated water
transportation. Denton will cooperate by imposing conservation
measures upon its sales.
12.2 Denton agrees to develop a water conservation plan which
incorporates loss r,eduction measures and demand management practices 1
designed to insvr'e that the available supply is used in an r1
economically efficient and environmentally sensitive manner. Upon
request, Denton will furnish a copy of its conservation plan to
Dallas.
12.3 To the extent Dallas imposes restrictions or grants
privileges of general applicability to itself and customer cities,
indluding rules relating to the curtailment of water delivery and
availability, Dallas agrees to impose such restrictions and grant
suc~ privileges equitably and in a non-discriminatory fashion. Such
restrictions or privileges shall take into consideration Denton's
ownership of water rights and untreated water diversion and
transmission facilities.
'13.0 OPERATIONAL AGREEMENT
13.1 An Operational Agreement between Dallas and Denton for
operation of Ray Roberts Lake and Lewisville Lake$ attached hereto 1
i and marked Exhibit F, is made a part of this Contract. Any revision
of the operational Agreement, according to its terms and not in
+ conflict herewith, shall automatically be incorporated and become a
part of this Contract.
13.2 Denton agrees to be bound by any amendment to the
Operational Agreement if it is a signatory to such amendment or
otherwise agrees with Dallas to such amendment.
14,0 FORCE MAJEUREI INDEMNITY= REMEDIES: NO WARRANTIES
r~ 14.1 If, for any reason, not reasonably within the control of
111 the party so claiming, either party hereto shall be rendered in
whole or in part unable to carry out its obligations under this
Contract, then that party's obligation shall be suspended during the
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MONK
continuance of the inability then claimed, but for no longer
period. Such party shall endeavor to remove or overcome such
inability with all reasonable dispatch.
t express
14.2 Dallas makes no representation of
the s water
implied, as to the chacacterr quality or availability
to be taken and Purchaser agrees to assume all such risks, accepting
said water, if available, in the same state as it is pumped from the
designated diversion points; nor does Dallas make any representation
that such water will be suitable for the purposes for which
Purchaser desires to use it. Dallas shall not be liable in any'
event for the nonavailability of water hereunder, the unsuitability
of such water or its quality, or the inability of Dallas to perform
goreasons vernmental beyond agencies.
any arules under this
regulations Contract
of c other for
including
14.3 Denton agrees and is bound to defend and hold Dallas whole
f and harmless from any act or omission of any representative, agent,
customer, employee, and/or invitee of Denton; and to defend and hold
Dallas whole and harmless against any and all claims for damages,
costs, and expenses that may arise out of, or be occasioned by this
Contract to any of its activities unless said damages result from
the negligence of Dallas.
14.4 Recognizing that Dallas' and Denton's ilure underking the
provided in this Contract are obligations, the fa
` performance of which cannot be adequately compensated in money
damages, Dallas and Denton agree that, in the event of any default,
the other party shall have available to it the equitable remedy of
specific performance in addition to other legal or equitable
remedies which may be available to such party.
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15.0 WATE_ _ R WELLS
15.1 Nothing in this Contract shall be construed to impair or
affect Denton's right to use its existing water wells or any water
wells it may drill in the future.
16.0 SEWAGE TREATMENT FACILITIES - RFFLUENT RETURN
16.1 Denton agrees to maintain adequate sewage treatment
facilities to meet its needs and provide for any increased quantity
of wastewater flow.
16.2 Treated e!fluent return to Lewisville Lake is not
considered in determining the dependable yield for Lewisville Lake.
Dallas# cknowledgeseV Denton' g right toe share in existence i creasedeffluent
reatednwater acknowledges
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~M'hMH AM1'K~
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Y+
availability attributable to effluent returnprovided
oth Federal,ntal agencies do not appropriate
restrict the use of effluent returns. As of year 1980, Denton may
include .2 MGD as their share of untreated water available as a
result of effluent returns to Lewisville Lake. Shares of effluent
return shall be redetermined under conditions specified in Exhibit A.
16.3 In the event Denton does not use treated effluent
resulting from use of untreated water purchased from Dallas for
normal municipal and industrial purposes, Denton agrees to return an
amount of treated effluent equal to at least 25% the untreated such water which Denton purchases fr m Dallas bowever, discharging
g in this
flow into Lewisville Lake; providedo
purchase water or pump well water
solely ntohmeet i t,~ tuDrnnflow obligation.
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17.0 SPECIAL PROVISIONS
17,1 Special provisions itslA t ble to rough H.thThese C Exhibits are
attached hereto and styled Exhib
incorporated herein, as if copied word for word.
}Exhibit A Lewisville Lake as ofy1980, and effluent return from
Exhibit B Incremental Project during the yield filling hperiod. Roberts
C Exhibit C is Denton'portioneofethistcontractWaisrbas 3 e on which
the sales Exhibit D delineates Denton's diversion point.
Exhibit E is the Wholesale Untreated Water Rate Principles. 1
%al Agrement Between Dallas
J Exhibit F Dentoneforr Lewisville Lake and Ray Roberts Lake. and Ray
Exhibit G Ris the Reseir Yield oberts Lakervincremental Cyieldia detused in ermination hewhich
will also be used in yield recalculations.
Exhibit H is the graph and calculation Erocedures Robwhich
erts
C determine Denton's draft of the Ray
Incremental Project when half empty.
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18.0 TERM
18.1 This Contract shall remain in force and effect for a
period of 30 years from the date of execution of the Contract.
19.0 VENUE'
i 19.1 The parties herein agree that this Contract shall be
enforceable in Dallas, Texas, and if legal action is necessary to.
enforce it, exclusive venue shall lie in Dallas County, Texas.
20.0 NO VERBAL AGREEMENT •
20.1 This Contract contains all commitments and agreements of
the parties hereto and no verbal or written commitments shall have
any force or effect if not contained herein.
j
j 21.0 APPLICABLE LAWS
21.1 This Contract is made subject to all applicable laws of I
the State of Texas and the United States.
1
22.0 CONTRACT INTERPRETATION I
22.1 In interpreting the various provisions of this Contract in
a Court of Law, any said court having jurisdiction shall apply the
laws of the State of Texas to interpret the terms and provisions of
this Contract.
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23.0 CAPTIONS I
23.1 The captions to the various clauses of this Contract are 1
for informational purposes only and shall not alter the substance of j
the terms and conditions of this Contract.
a
24.0 NOTICES
24.1 Any notice required under this Contract may be given to
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the respective parties at the following addresses by Certified Mail,
postage prepaid:
Denton: Dallas:
City of Denton, Texas City of Dallas, Texas
Attn: City Manager Attn: City Manager
215 E. McKinney City Hall, 1500 Marilla
Denton, Texas 76201. Dallas, Texas 75201
EXECUTED as of the day of , 1984, on
behalf of the City of DaZTas-by its City Manager, duly autborized by
City Council Resolution No. 84- , adopted on ,
1984, and counters~gned by its City Controller, atte by is City
Secretary, and approved as to form by its City Attorney= and on
r behalf of the City of Denton, by its duly authorized officials.
APPROVED AS TO FORM: CITY OF DALLAS
i j ANALESLIE MUNCY, City: Attorney CHARLES S. ANDERSON, City Manager
j
By ~ BY
A s stant City Attorney Assistant city manager
Submitted to City ATYtQrne
CITY OF DENTON
ATTEST:
By
City Secretary
APPROVED AS TO FORM:
By
City Attorney
8868K
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EXHIBIT A v
DENTON YIELD )
LERISVILLE LAKE
Base Yield: , 4.34 AlGD
y0.2 MDG x (R~) .048165
Effluent Consideration: a _23 MGD
4.7 MGD x .048165
4.57 MGD
or
I -
4 MGD
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1980 Assumption
The return flow data for the effluent consideration shall
be calculated on an annual basis and shall be determined
from the effluent reports,. submitted by the cities of Denton
amd Gainsville to the Texas Department of Water Resources.
Calculation of the annual consideration shall be based on
the October thru September reports.
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21 000 acre feet
acr fe ,048165 or 4.83
- a et
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HAY ROBERTS INCREMENTAL PROJECT YIELD
FILLING PERIOD
80
-T r
1 I I I I I I I
70
f I I _ r
--I-- r --r - I-----J--- --I 1 76 fGD
60
1 1---- } I I I I I 1 '
---i------r--
50 I 1 1 1 1 I 1 1 I
I I
r B r I ---7 --T-- -1•_ -1-- --L-- -
40 , { I I I I { 1 "1---
~ ro I ' ~ I I I ~ I I
I
p'si --I - --j-- Y_-111J4 1`_118.44 I 1
30 -_-i_ `F j I ford 96, 0 <1 x < 9690 F00 - i -
I I t } 1 I ~ ,
---i-- --I - i _ - --y forlx< 96, _
q80, ~ 01
I
20 4-
~ I I 1 I I
1 I ( I I 1-~ I 1 ---r---
'-I- - __L_ - I I { I 'I I
10 r- I r I 1 I I
I I I 96,8p0
I I
1 - 1 9694500 1
_ I
F I r 1 I 1stolage
I I I I 1
100 200 300 400 500 600 700 800
900 ,1000
Project Storage (1000 Acre Feet)
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EXHIBIT C
PROJECTION OF UNTREATED WATER REQUIREMENTS
To be
Purchased Total
To be supplied by DentonrB Rights fm. Dallas Reamts.
Effluent
Ray Robts Lewisville Return Total
1985 0.0 4.34 .56 4.9 6.1 11.0
2990 9.5 4.34 .73 14.57 -0- 14.5
i
l r 1995 9.5 4.34 .91 14.8 3.1 17.9
2000 19.8 4.34 1.13 25.27 -0- 22.9
2005 19.8 4.34 1.33 25.47 0.1 26.3
2010 1968 4:34 1.56 25.70 5.3 31.0
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EMBIT 8
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of Diversion Point
1. Vicinity xaa
2'37 aft 'NO11t
/ • poaao
it 0 ' ~ \ i ~ . ~ rtn
ar ti .
f NJ .0
`v • a w
\V_ I ~ ♦ Il~~ff
30
ON 1 53
I r • ~
Diversion Point
5 89'30rv, 10350 r y • '
poop
-at ARM
N. Hammond Survey
'I
~r Abstract 4530 ' Mama Park
Denton County, Tx. ~r r;f
043
f.••~. COOfl,~7rt rr
~'j1 1 .fig f ~ ter- r
a f / ..j y.
HF III
2♦ Denton anticipates at some time in the future locating a diversion point on
Ray Roberts Lake, At such time as the actual location of the proposed diversion
point is known, this Exhibit C shall be modified.
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i EXHIBIT E
WHOLESALE UNTREATED 4ATER RATE PRINCIPLES
1. Keg Rate Setting erinciales_
a, Revenue requirements are to be determined on the utility
basis, at original cost.
b. Rete of Return - Embedded rate of interest on water
obligations plus 1.5%.
C. Reservoirs - All existing and future reset voirs in a common
rate base with untreated water customers as a class paying their
proportionate share of costs for reservoir storage, including a
portion held for future use. Costs allocated to untreated water
customers shall be adjusted from time to time according to
changes in actual usage.
i d, Untreated Water Transmission - Allocation of costs between
untreated water customers and treated water customers based on
test pe0 od usage.'
e. Other Administration - Allocated on the basis of the above
allocations,
f. Rate Design - One-pact rate (volume).
2. Cost-of-Service Studies
ter
cost-of-Service studies tab Such studiesl willtbea conducted
rates shall be conducted by Dallas. practices and
in conformity with standard utility rat_-making subject to review, but not approval of, a rate subcommittee composed
of designated members from the wholesale water customers of the City i
emember of the subcommittee shall be from an
of Dallas. water least one
customer ciky,
untreated ,
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{ EXHIBIT F
OPERATIONAL AGREEMENT BETWEEN DALLAS AND DENTON
FOR LEWISVILLE LAKE AND RAY ROBERTS LAKE
1. Puc ose
The purpose of this agreement is to provide a basis for the
joint operation by Dallas and Denton of Lewisville Lake and Ray
Roberts Lake.
2. Water Supply Releases
Dallas and Denton agree that Dallas shall act as spokesman for
Dallas and Denton to the Corps of Engineer in behalf of both
Dallas and Denton 'request all water supply releases from Ray
JI ''Roberts Lake and Lewisville Lake. Ten days after written notice
to Dallas and the Corps of Engineers, Denton may assume the
role of spokesman for Denton's share of water supply releases
and management of its storage in Ray Roberts and Lewisville Lake.
6leases made from Ray Roberts Lake in accordance with the
minimum release schedule in the Hemorandum of Agreement between
Dallas, Denton and the United States of America shall be shared
proportionately between Dallas (746) and Denton (266)
When Dallas is operating the reservoir and acting as spokesman
to the Corps of Engineers in behalf of Denton, Denton shall
advise Dallas weekly of water releases to be made in Denton's
behalf.
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31 Withdrawals
Denton agrees to withdraw from Lewisville Lake on an annual
average basis, an amount at least equal to Denton's dependable
J yield share of the existing Lewisville Lake plus 186 of Denton's
dependable yield share of the Ray Roberts Incremental Project,
providing Denton's requirements for water are sufficient to ,
require such withdrawals. Dallas and Denton agree that they
shall operate Lewisville Lake and Ray Roberts Lake as a
reservoir system and, during the filling period of the Ray
Roberts Incremental Project, Dallas withdrawals from this system
shall be limited to the withdrawals Dallas would have made if
the Ray Roberts project had not been built. The Dallas schedule
I for withdrawals from existing Lewisville Lake is specified in
the Dallas Reservoir Operations Guidelines. During the filling
period of the Ray Roberts Incremental Project, Dallas' maximum
release will be based on what the level of Lewisville Lake would
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have been. if Ray Roberts Lake had not been built. This level
will be determined by hydrologic study.
After the filling period of the Ray Roberts Incremental Project,
.Dallas shall be allowed to overdraft Lewisville Lake and Ray
Roberts Lake so long as overdrafting does not diminish Denton's
dependable yield.
4. Water Quality
Each city agrees to strive to prevent a degradation in water
quality in Lewisville Lake and Ray Roberts Lake resulting from
that city's actions.
Dallas and Denton agree that they will not divert water from
other sources into Lewisville Lake or Ray Roberts unless Dallas
and Denton mutually agree to the proposed diversion. Such
agreement shall not be unreasonably withheld.
5. Joint Operating Comnitte_e
I
A joint operating committee consisting of representatives from
Dallas, Denton and Lewisville shall be organized for the purpose
of periodically meeting to discuss and, if necessary, formulate
conditions of operation for the Lewisville and Ray Roberts
{ reservoirs.
Meetings shall normally be convened semi-annually during the i
months of March and September.
r
Denton shall be represented by its City Manager and/or Director
of Utilities.
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Dallas shall be represented by its Director of Water Utilities
or his designated representative.
Lewisville shall be represented by. its City Manager and/or
Superintendent of Water Production and Wastewater.
6. Approved Changes
Changes in the Operational Agreement may be made by mutual
agreement of Dallas and Denton at any time.
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EXHIBIT G
GUIDELINES FOR CALCULATING THE INCREMENTAL RAY ROBERTS LAr'-, YIELD
This Exhibit G provides the initial methodology for calculating a
yield approximating 76 MGD to be used as a starting point for any
future recalculations of yield due to a drought more severe than the
Critical Drought of record or due to changing conditions within the
lakes or watershed. The following methodology calculates a yield of
75.7 14GD, which is considered close enough for recalculation +
purposes. Any future recalculated yield will be multiplied by the I
factor 1.00396 to correct for the discrepancy.
Guidelines for Yield Calculations
I. Calculations involve determining the additional yield derived
from the existing Lewisville Lake (Lewisville with conservation
top at 515 feet) by adding the incremental storage of the Ray
Roberts Lake Project. These calculations will involve only
,Lewisville and Ray Roberts Lake without regard to the Dallas
system.
11. The initial part of the calculation is a routing of :he existing
Lewisville Lake throughout the Critical Drought of record
(October 1950 to April 1957) as outlined below.
A. The hydrological data for year 2000 conditions which were
used as a basis for the Financial Feasibility Study Eoc_
kabre Reservoirs routings will be used. These ata are s
the Cit
published In the Lon Range War Su 1Stud or
of Uallas2, except that ten ows w e mo e o
t represent year 2000 conditions by averaging the year 1980
and year 2050 inflows, and (2) lake capacity tables will be
modified to represent year 2000 conditions by interpolating
between 1980 and 2050 capacities. The computer program
data used in the Financial Feasibility Study for Aubrey
Reservoir have been provided to Denton and are permanently
filed by Dallas with the feasibility study.
Be Return flows and lowest usable lake levels will be the same
as those usAd in the Financial Feasibility Study for Aubrey
Reservoir.
C. Lewisville will be drafted at the overdraft rates specified
in the preliminary 1983 DWU reservoir operation guidelines,
attached heret~,~, except that the top level of overdraft
(178.8 MGD for Dallas plus 14.6 MGD for Denton and
Lewisville) will be continued until the storage is 251
depleted (509.6 feet) and the second level of overdraft
(118.0 MGD for Dallas plus 14.6 MGD for Denton and
Lewisville) will be continued from 251 depleted
1
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to 501 depleted (502.3 feet). Below 500 depleted, the lake will
be drafted at its remaining dependable yield (the maximum rate
which can be sustained by the remaining Lewisville Lake pool
until the end of the drought). Annual drafts will be
distributed to months by the monthly demand factors used in the
financial Feasibility Study for Aubrey Reservoir- routings.
III. The second part of the calculation wil: be a Critical Drought
(October 1950 to April 1957) routing of enlarged Lewisville Lake and
Ray Roberts Lake. The year 2000 hydrologic data used in the
Financial- Feasibilit stud for Aubre Reservoir routings will also
be used for this rout rig. The specifics are outlined below:
A. Ray Roberts Lake will be drafted at an annual average rate
of 85 MGD until the conservation storage becomes two-thirds
depleted. Thereafter, it will be drafted at its remaining
dependable yield. i
B. The Ray Roberts Lake draft will be added to the inflow to
the new Lewisville Lake.
C. The drafts taken from the existing Lewisville Lake in the
routing described under II above will be taken from the new
Lewisville Lake in this routing.
D. The additional yield which can be supplied throughout the
t drought by the new Lewisville Lake will be calculated as part of
this routing and wLll represent the incremental yield of the
incremental Ray Roberts Take Project.
1
1Final Report Financial Feasibility Study for Aubrey Reservoir
For the Cities of Dallas and Denton,Texas$ LWFW, Inc. January 1980
2Re act on Lon Range Water Su 1 Stud to Meet Anticipated
Requirements to the Year 2050 for the City of Dallas, Texas,
ORS/Forrest and Cotton, inc., March 1975
,
Attachment 1
EXHIBIT G
PRELIMINARY 1983
DALLAS WATER UTILITIES - RES .VOIR OPERATION GUIDELINES
Bated on current reservoir conditions and keeping in wind that these
guidelines are flexible and that emergency, water quality, or
maintenance requirements may dictate other operations, the reservoir
system will be operated at least cost within the following general
guidelines:
ELM FORK FLOOD WATER
Whenever flood water is available in the Elm Fork, use to the
maximum extent-possible.
FRAZIER DAM
Water loss over Frazier dam should be minimized. The
operational target elevation should be one foot below the wier
crest at 407.0 feet.
LAKE GRAPEVINE
f
Above elevation 531.5 - Considering external restraints, use as
required, up to annual average of 22 MGD for'Dallas.
C Between elevation 531.5 and 528 - While between these limits
restrict to annual average of 14 MGD for Dallas, external
restraints allowing. IJ
Below elevation 528 - Restrict to annual average of 7 MGD for 1
Dallas, external restraints allowing.
LAKE LEWISVILLE j
Above 512 - Considering external restraints, use as required, up 1
to annual average of 179 MGD for Dallas.
Between elevation 512 and 509 - Whilo between these limits,
restrict withdrawal to 118 MGD annual average for Dallas,
external restraints allowing.
Below elevation 509 Restrict withdrawal to a MGO annual
average necessary to supply system demands, after maximum
utilization of East Side Water, external restraints allowing.
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Attachment 1
EXHIBIT G
PRELIMINARY 1983
DALLAS WATER UTILITIES - RESERVOIR OPERATION GUIDELINES
Based on current reservoir conditions and keeping in mind that these
guidelines are flexible" and that emergency, water quality, or
maintenance requirements may dictate other operations, the reservoir
system will be operated at least cost within the following general
guidelines:
i
ELM FORK FLOOD WArm
whenever flood water is available in the Elm Fork, use to the
maximum extent.poasible.
FRAZIER DAM
Water loss over Frazier darn should be minimized. The
operational target elevation sh ,.id be one foot below the wier
crest at 407.0 feet.
f i
LAKE GRAPEVINE
i Above elevation 531.5 - Considering external restraints, use as
required, up to annual average of 22 MGD for'Dallas.
Between elevation 531.5 and 528 - "While between these limits
f restrict to annual average of 14 KGD for Dallas, external
` restraints allowing.
Below elevation 528 - Restrict to annual average of 7 MGD for
Dallas, external restraints allowing.
LAKE LEWISVILLE
1
Above 512 - Considering external restraints, use as required, up
to annual average of 179 MGD for Dallas.
Between elevation 512 and 509 - While between these limits,
P~ restrict withdrawal to 118 MGD annual average for Dallas,
external restraints allowing.
Below elevation 509 - Restrict withdrawal to a MGD annual
average necessary to supply system demands, after maximum
utilization of East Side Water, external restraints allowing.
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f LAKE HUBBARD
Above elevation 433.5 - Considering external restraints,
maximize usage up to annual average of 80 MGD.
Between elevation 433.5 and 432.0 - Take East Complex system
needs as required from Hubbard up to 80 MGD, after taking at
least 80 MGD from Tawakoni.
Below elevation 432.0 - Draft as required to supply the needs of
the East Side Complex after Lake Tawakoni has been drafted at
annual average of 135 mdg.
~-1 LAKE TAWAKONI
Use as required, up to a maximum annual average of 164.8 mgd.
These guidelines are based on a projected annual average water
demand of 264 MGD and a hydrological sequence from 1920-76. The
above incorporates the Dalins City Council Action of May 151
1979. j
These guidelines will be revised and superseded as conditions
1 warrant.
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EXHIBIT H
DENT09 OVERDRAFT OF RAY ROBERTS INCREMENTAL PROJECT
l EO
HEi
50
t
-
40
- - -
20
10
0 5 10 15 20 25 30
DE4PION DRAFT IN BOTTOM HALF
(MOD)
cRArH Kn{oootoc•;I
1. Study i (Aubrey F+aaib Uity 1• rizat"Inj Sefdi=hdnafter full
Stu6y) Lwisville and ray
f Rebores aiaulatlcns wCa wed, is Calculated.
1. Am. additional draft vta im• The seduction in yield during
the critical dro,ght is tub-
paud an Lewtwtlle and Ray dose a d f? as Dot ton's yield.
Robettf Oils the Ray Robettf
incramaw soot+fe was above
hall lull. (Incseseneai atee• seat" draft 14aton is en-
age if the total storage to
the two lauds sinus the stare ~~~lis less than half a full t•
610 that would have Dew is
tewlsvtlld if lay Roberts
had net ides built.)
ere
~snu~+e u+x.urt~
1
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(Exhibit H - Page 2 of 2)
Calculation of Existing Lewisville Storage
(If Ray Roberts Had Not Been built)
16 Using the Water Budget Method, calculate the inflows into Ray
Roberts Lake and Lewisville Lake for each month since the two
lakes were simultaneously full.
2. Starting with the simultaneously full month, begin monthly
simulations of the existing Lewisville Lake storage without Ray
Roberts Lake with the following reservoir gains and losses: i
1
A. Inflows will be the sum of Lewisville' and Ray Roberts
inflows calculated in 1 above.
B. Withdrawals will be the Dallas withdrawals plus (i) Dallas
untreated water sales and (ii) Denton's yield for
Lewisville Lake as deter,,%ined under guidelines ir, exhibit A.
I C. Precipitation will be the best available precipitation for j
the lake surfaces
D. Evaporation will be estimated from the Grapevine Dam t
evaporation pan.
3. Continue calculations in 2 above until the month in question is
reached.
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86 ` _fl y,3~. ,sq
7.5 3 z, v-7 /of
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a~ ~p•7G y• I ,off ~s,~Y ~ 3__.._.. -o'
17.
34
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03 I' lQ,74 y.3q
zSr, z~,
76 2 s y, I • z
Z 2 Dq -
19 7G
~ 7 ~ g 7G ~
G ff, 76 . 7Y
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F4S
' DALLAS W&TER CONTRACT
E
! Concerns
1. Combining agreements on yield of Lewisville and Ray Roberts
with purchased water contract.
2. Establishing 4.34 MGD as yield of Lewisville for 1960.
3. No mention of recognition of Denton's permit withdrawal
rate or storage rights in Lewisville.
4. Paragraph 33.4
Restrict dture yield calculations to Dallas' methodology `
o
of safe yield.
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5. Paragraph 3.5
Establish yield of Ray Roberts based on year 2000 which
then causes yield to be dependent on Dallas' water usage.
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6, k Paragraph 3.6
h Cestricts use of 96,880 acre feet in bottom of reservoir.
7. Paragraph 4.4
i Overdrafting is tied to top half of•lake, underdrafting
must take place during lower half. Dallas could
substantially affect this level since they essentially
operate the lakes. Overdrafting should be tied to a
percentage of Dallas' overdrafting.
8. Paragraph 4.0
No overdrafting allowed on Lewisville.
~Jl 9. Paragraph 3.4
Has a water purchase ratchet whereby demand can never be
less than previous year usage. r
10. Paragraph 5.5
Furnishing of water to Denton by Dallas appears tentative 4
and perhaps arbitrary. `
11. Paragraph 8.2
Denton may be liable for take-or-pay for five years.
2923U-1
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12. Paragraph 4.1
Dallas may dictate what Denton charges other entities for
treated water.
13. Paragraph 4.2
Wording on sales price of Ray Roberts appears confusing.
{ 14. Paragraph 10.2
Dallas City Council sets rates. Exhibit E establishes full
agreement to the 1.5% return on investment charge.
15. Paragraph 11.0
Readiness-to-serve clause sets out a 2MGD take-or-pay
charge. (however, no restrictions on sale of our water from
Ray Roberts or Lewisville.)
ff 16. Paragraph 13.0
Operational agreement is part of this contract. Perhaps
yield issues and operational agreements should be separate
from water purchase contract.
F
' 17. Paragraph 16.0 E
Sewage treatment facilities probably should not be in
contract.
18. Paragraph 16.3
Dallas requires 25% of purchase water to be returned if
such water is used for anything other than normal M&I
purposes. (However, entire paragraph is vague and probably
i unenforceable.)
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1. Denton secures a contract for water with options to renew.
2•. Paragraph 3.2
Dallas agreed to 7b MGD va 73 MGD on Ray Roberts.
3. Paragraph 3.3
Effluent return is calculated into yield for Lewisville
(although fairly tentative).
4. Paragraph 4.0
Overdrafting rights with options of either wells or future
multipre reservoirs.
S. Paragraph 4.P
M.._ Restricts Dallas overdraftinS during filling period.
b~, Paragraph 5.1, 5.2 and 5.3
Purchased water requirements, Exhibit C, is projected only
and actual water purchase demand can be established
annually 90 days prior to the beginning of the year. No
penalty or limit on excess withdrawals.
7.+ Paragraph 1,1
Dallas agrees to allo, Denton to withdraw water either from
Lewisville or Kay Roberts with no restrictions on amounts
at either point.
8. Paragraph 8.0
Ability to withdraw from Dallas system with minimum penalty.
1 9. Paragraph 9.1
J Establishes that Denton has right to sell water to Corinth,
Argyle, Hickory Creek and Shady Shores.
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10. Paragraph 10.1
Establishes a fixed methodology and review of rate setting
process.
11. Paragraph 12.0
Curtailments, although similar to all other Dallas water
contracts, recognizes that Denton is unique.
29230-3
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C j 12• Paragraph 15.0
Dallas places no restrictions on Denton's water wells.
13: Paragraph 16.2
Dallas recognizes effluent return flow to Lewisville.
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AM1.wwr1 R,;WY.
Items that Must be Changed
Paragraph 3.1
Based on 4.8165 MGD and 90.2 MGD from vLewisville, annual
yield should be 1585.74 and 1590.08 for 365 and 366 day
- years vs 1584.1 and 1588.44.
2. Paragraph 5.4 ``as
!c.
Ratchet on purchased water. P9
3. Paragraph 6.3
` Dallas needs to pay for meter test if meter is ok or is
running Est. Need to reference paragraph 10.1 in this
paragraph also. 11
4. Paragraph 8.2! Dallas
- h notice
Reword to define notice time fivewyearsafrom srom
system and limit take-or date, rather than date Denton ceases to take water. `
5. Paragraph 11.4
E
I Readiness to serve if allowed, should not start until ay
Roberts is full.
Paragraph 16.3
Need to rewrite for clarification.
l ~ r
i
E
2923U-5