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HomeMy WebLinkAbout09-24-26-7.13 - Resolution - 09/27/2026RESOLUTION NO. 09-24-26-7.13 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 WHEREAS, the City of College Station (the "City") owns Water Use Permit No. 5913 ("Permit No. 5913"); WHEREAS, Permit No. 5913 authorizes the City to use the bed and banks of the Brazos River, its tributaries, and Oyster and Jones Creeks to convey current and future groundwater -based return flows for diversion and use of up to 12,881 acre-feet per year ("ac-ft/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 Fort Bend, Brazoria, and Galveston Counties within the San Jacinto -Brazos Coastal Basin; WHEREAS, Permit 5913 also authorizes diversion of groundwater -based return flows from: (1) a diversion point located on Carter's Creek in the Brazos River Basin, (2) a diversion point located on the Brazos River in the Brazos River Basin, and (3) two diversion points located on the Brazos River in the San Jacinto -Brazos Coastal Basin, authorized pursuant to Certificate of Adjudication Nos. 12-5168 and 12-5171; WHEREAS, the City expanded the treatment capacity of the Lick Creek Wastewater Treatment Plant ("WWTP") (TPDES Permit No. WQ0010024003) from 2 million gallons per day ("MGD") to 5 MGD, thus increasing the combined discharge of Lick Creek WWTP and Carters Creek WWTP from 11.5 MGD (12,881 ac-ft/yr)) to 14.5 MGD (16,241 ac-ft/yr); WHEREAS, the City must amend Permit No. 5913 to obtain authorization to increase the bed and banks conveyance of these return flows by 3 MGD (3,360 ac-ft/yr) for a total annual diversion of 14.5 MGD (16,241 ac-ft/yr); 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 (1) increase the quantity of groundwater - based return flows authorized for conveyance using the bed and banks of the Brazos River and its tributaries, Jones Creek, and Oyster Creek for subsequent diversion and use to 16,241 ac-ft/yr (14.5 MGD) and (2) increase the maximum combined diversion rate (the "Application"); 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 on behalf of the City. 1 Resolution No. 09-24-26-7.13 Page 2 of 2 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. 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. 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 24th day of September, 2026. CITY COLLEGE STATION, TEXAS e L/1:•idge_ JO NICHOLS, MAYOR ATTEST: TANYA D.SMITH, CITY SECRETARY APPROVED AS TO FORM: A AM C. ALCO, CITY ATTORNEY