22-1994ORDINANCENO. 22-1994
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALCORPORATION, AUTHORIZING THE FILING OF APPLICATIONS WITH TEXASCOMMISSION ON ENVIRONMENTAL QUALITY (“TCEQ”) BY THE CITYMANAGER, OR THEIR DESIGNEE, FOR AND PURSUING GENERAT, AMENDMENTOF WATER RIGHTS AUTHORIZATIONS, PURSUANT TO CHAPTER 11 OF THETEXAS WATER CODE, IN LAKE LEWISVILLE AND LAKF, RAY ROBERTS, ANDADDITIONAL BED AND BANKS CONVEYANCE, DIVERSION AND USEAUTHORITY RELATED TO DISCHARGED WATER FROM DENTON’S MUNICIPALWASTEWATER TREATMENT FACILITIES; PROVIDING FOR AN EFFECTIVEDATE
WHEREAS, the City of Denton, Texas (Denton) owns water rights authorizing storage,
conveyance, diversion, and use of water in Lake Lewisville, as evidenced by Certificate of
Adjudication No. 08-2348, as amended; and
WHEREAS, Amendment A to Certificate of Adjudication No. 08-2348 granted Denton
water rights authority to use the bed and banks of named state watercourses including Lake
Lewisville to convey, divert, and reuse surface-water based return flows discharged from Denton’s
municipal wastewater treatment facilities under two water quality permits issued by the Texas
Commission on Environmental Quality (TCEQ); and
WHEREAS, Denton owns water rights authorizing storage, diversion, and use of water in
Lake Ray Roberts, as evidenced by Certificate of Adjudication No. 08-2335, as amended; and
WHEREAS, Denton uses the authorizations in Certificate of Adjudication Nos. 08-2348,
as amended, and 08-2335, as amended, for providing water supply to its retail and wholesale
customers; and
WHEREAS, Denton has an opportunity to enhance the city’s flexibility and efficiency in
meeting the needs of its retail and wholesale customers for water through amendments to the
provisions of Certificate of Adjudication Nos. 08-2348 and 08-2335 that do not require increasing
the city’s maximum authorized annual water use; and
WHEREAS, Denton also has an opportunity to further supplement and diversify its water
supply assets through additional water rights permitting of bed and banks water conveyance,
diversion, and reuse based on new and increased water quality authorizations for discharge from
its municipal wastewater treatment facilities; and
WHEREAS, special conditions included in Denton’s existing bed and banks reuse
authority in Amendment A to Certificate of Adjudication No. 08-2348 requires such additional
water rights permitting prior to diversion of new and increased discharge amounts; and
WHEREAS, amendment of Certificates of Adjudication Nos. 08-2358 and 08-2335 for
flexibility and efficiency, and obtaining new bed and banks conveyance, diversion, and reuse
authority, require application to, and authorization by, the Texas Commission on Environmental
Quality pursuant to Chapter 1 1 of the Texas Water Code; and
WHEREAS, the City Council finds that it is in the public interest to seek and obtain such
amendments and new authority.
NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
Section 1. The Council hereby authorizes and directs the City Manager or their
designee, to take such actions as they find reasonable and appropriate to file applications for and
pursue amendment of the City’s water rights and to obtain new water reuse rights, consistently
with the intents and purposes this ordinance, including but not limited to the following:
A. to have prepared, to sign, and to have filed documents before any administrative agency
or judicial forum;
B. to pursue, to negotiate as necessary to obtain, and to enforce the right to implement
new and amended City water rights before any administrative agency or judicial forum;
C. to retain, on behalf of the City, legal counsel and consulting services as he finds
reasonable and appropriate associated with the actions authorized herein; and
D. to provide for payment of all necessary regulatory and notice fees associated with theactions authorized herein.
Section 2 :
and approval.
This Ordinance shall be effective immediately upon and after its adoption
b y T h$11&i :1r t ;IIIIII:E X e t h i : = : i = ==a :caes t= : : i Led in nhl:Whe /1TJ\:=;nJo::L]-
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :Brian Beck, District 2 :Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
\/aZKZIZ/
PASSED AND APPROVED this the
CITY SECRETARYRlb)J€svs SAdZA a
By
ledayof C:)C+obe/-, 2022.
/e///- –GERARD HUDSPETH, MAYOR
ATTEST: 06 Pm-Y
APPROVED AS TO LEGAL FORM:MACK RENWAND, CITY ATTORNEY \\t\1111111/D
@
By: