02-27-20-4.10 - Resolution - 02/27/2020 1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AUTHORIZING THE FILING AND EXECUTION OF WATER RIGHTS APPLICATION TO AMEND WATER USE PERMIT NO. 5913 WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PURSUANT TO AN AGREEMENT WITH BLANCHARD REFINING COMPANY
WHEREAS, the City of College Station (the “City”) owns Water Use Permit No. 5913
(“Permit No. 5913”); and,
WHEREAS, Permit No. 5913 authorizes the City to use the bed and banks of the Brazos
River and its tributaries to convey current and future groundwater-based return flows for diversion
and use of up to 12,881 acre-feet per year (acft/yr) (less carriage losses) for municipal, industrial,
and agricultural purposes in Brazos, Grimes, Washington, Waller, Austin, Fort Bend, and Brazoria
Counties in the Brazos River Basin; and,
WHEREAS, Permit No. 5913 also authorizes the City to divert groundwater-based return
flows up to 325 acft/yr from a diversion point on Carters Creek to be used in accordance with the
terms and conditions of Permit No. 5329; and,
WHEREAS, the City entered into an agreement with Blanchard Refining Company
(“Blanchard”) for sale of up to 8 million gallons per day (8,960 acft/yr) less carriage losses, of
groundwater-based return flows under Permit No. 5913; and,
WHEREAS, the City must amend Permit No. 5913 to use the bed and banks of the Brazos
River in Galveston County in the San Jacinto-Brazos Coastal Basin for the conveyance of the
groundwater-based return flows sold to Blanchard and to add two diversion points in Galveston
County for Blanchard’s use; and,
WHEREAS, the City now seeks to file an application with the TCEQ pursuant to Texas
Water Code § 11.042(b) to amend Permit No. 5913 to use the bed and banks of the Brazos River
in Galveston County in the San Jacinto-Brazos Coastal Basin for the conveyance of groundwater-
based return flows and to add two diversion points in Galveston County; and,
WHEREAS, the Texas Water Code and the Rules of TCEQ require that an application for
a bed and banks authorization be executed by a duly authorized official of the City; and,
WHEREAS, upon full review, City Council authorizes the City Manager to execute the
application to amend Permit No. 5913 (the “Application”) on behalf of the City of College Station,
Texas;
02-27-20-4.10
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEGE STATION, TEXAS:
SECTION 1. The City of College Station hereby seeks to file the Application, and the City
Manager is authorized to file the Application in the name of the City in accordance with State law.
SECTION 2. The City Manager is hereby authorized to execute the Application for and on
behalf of the City of College Station, and any other amendments or documents as are necessary for
authorization to amend the Permit No. 5913.
SECTION 3. That the City Manager is hereby authorized and directed on behalf of the
City of College Station to file the Application and to appear and arrange for the appearances of
persons representing the City at any meetings, hearings, and other proceedings on the Application
before TCEQ, and otherwise direct the prosecution, settlement, and compromise of the Application
on behalf of the City of College Station, as appropriate.
SECTION 4. That this Resolution shall become effective immediately from and after its
passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of College Station,
Texas, on this the ________ day of ______________, 2020.
CITY OF COLLEGE STATION, TEXAS
______________________________________
KARL MOONEY, MAYOR
ATTEST:
______________________________________
TANYA D. SMITH, CITY SECRETARY
APPROVED AS TO FORM:
____________________________________
CITY ATTORNEY
27th February