HomeMy WebLinkAbout26-1039ORDINANCE NO.26-1039
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO
PROTEST WATER RIGHTS APPLICATIONS FILED WITH THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY OR ITS SUCCESSOR AGENCY; RATIFYING PAST WATER
RIGHTS APPLICATION PROTESTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, state surface water is held in trust by the State of Texas for the use and benefit of the
public and can only be appropriated pursuant to state law; and
WHEREAS, water rights are granted by the Texas Commission on Environmental Quality ("TCEQ")
pursuant to Chapter 11 of the Texas Water Code; and
WHEREAS, a water right allows the holder to appropriate a specified amount of state surface water in
particular locations, for stated purposes, and within a defined area; and
WHEREAS, the City is a water rights holder in Lewisville Lake and Ray Roberts Lake pursuant to
Certificates of Adjudication Nos. 08-2348 and 08-2335, respectively; and
WHERAS, Lewisville Lake and Ray Roberts Lake are the City's primary sources of water supply; and
WHEREAS, the health, safety, and welfare of the public in Denton and surrounding areas in Denton
County depend on the City's appropriation of state water pursuant to its water rights; and
WHEREAS, the City relies on its water rights when making large investments in water
infrastructure, planning for growth, and making commitments to its wholesale customers; and
WHEREAS, the City's economy depends on the availability of reliable sources of water supply;
and
WHEREAS, water rights may have an impact on water quality and the availability of flows for use
by fish and wildlife; and
WHEREAS; water rights applications filed with the TCEQ may impair Denton's water rights and
otherwise interfere with their use; and
WHEREAS, water rights applications may involve, without limitation, new or amended water
rights permits, interbasin transfer permits, and bed and banks permits; and
WHEREAS, to protest water rights applications, the City must, among other actions, evaluate
impacts to water supply, prepare arguments and submit filings, such as hearing requests, to the
TCEQ Office of the Chief Clerk, and negotiate settlements and permit conditions with applicants
and the TCEQ, as appropriate; and
WHEREAS; the time available to protest a water rights application can be short, depending on
when the City receives actual notice, the circumstances surrounding the application, and the details
of the application; and
WHEREAS, depending on the circumstances, there may not be sufficient time for the City Council
to consider whether to protest an application at one of its meetings; and
WHEREAS, to protect and maintain the integrity of the City's water supplies, the City's long-range
water supply planning, and the local environment, the Denton City Manager, or their designee,
needs the ability to efficiently and expeditiously prepare and submit filings, as needed; and
WHEREAS, the City Council finds it is in the public interest to delegate authority to the City
Manager, or their designee, to protest water rights applications filed with the TCEQ or its successor
agency; and
WHEREAS, the City Council finds the delegation of its authority to the City Manager, or their
designee, under this Ordinance will lead to the efficient implementation of City initiatives
conducted pursuant to the policies and direction of the City Council; and
WHEREAS, the City Manager, or their designee, will notify the City Council of any protests and
related negotiations pursued under this Ordinance by submitting an Informal Staff Report.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble of this Ordinance are incorporated herein
by reference as findings of the City Council.
SECTION 2. The City Council hereby authorizes the City Manager, or their designee, to take all
actions as they find reasonable and appropriate to accomplish the intents and purposes of this
Ordinance to protest water rights applications filed with the TCEQ or its successor agency.
SECTION 3. Upon protesting a water rights application, the City Manager, or their designee, shall
notify the City Council ofthe protest details and related negotiations through the creation and timely
submission of Informal Staff Reports.
SECTION 4. All actions taken by the General Manager of Water Utilities and Street Operations
prior to the effective date of this Ordinance to protest water rights applications filed with the TCEQ
are hereby ratified and authorized by the City Council.
SECTION 5. Any provision of any prior ordinance of the City which conflicts with any provision
of this Ordinance is hereby repealed to the extent of the conflict, but all other provisions of the City
ordinance which are not in conflict with the provisions of this Ordinance shall remain in full force
and effect.
SECTION 6. This Ordinance shall become effective immediately upon its passage and approval.
The motion to approve this Ordinance was made by Villarreal and seconded by Jester, the
Ordinance was passed and approved by the following vote [7 - 0]:
Aye Nay Abstain Absent
Mayor Chris Watts:
Jordan Villarreal, District 1:
Nick Stevens, District 2:
Suzi Rumohr, District 3:
Joe Holland, District 4:
George Ferrie, At Large Place 5:
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 4th day of August, 2026.
CH WATTS, MAYOR
ATTEST:
KRISTI FOGLE, INTERIM CITY SECRETARY
BY: Wa-
j
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY