05 Approval of Official Record of Council

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"priority date" of 1964, meaning this water right would have priority over any other rights that might affect Pat Mayse that were granted at a later date in time. The City stores this water in the reservoir between elevations 451 and 415 and the right to store this water was granted in a contract between the City and the Corps of Engineers. The volume in Pat Mayse below elevation 415 is reserved by the Corps of Engineers for sediment storage. The volume above 451 is reserved by the Corps of Engineers for flood control storage. Water automatically overflows through an uncontrolled spillway anytime that the level of Pat Mayse rises above 451. At elevation 477 the emergency spillway reaches its peak design discharge. Members of the committee were initially concerned that the portion of the City's water rights in Pat Mayse which have not historically been exercised were subject to possible cancellation by the State. Mr. Mathews expressed his opinion that this is highly unlikely, based upon precedent and the fact that there is legislation protecting the rights of cities that participate in the construction of water reservoirs for future water supply, and opinions on rights to this water are subject to changes by future legislatures. Mr. Matthews stated that, regardless of the possibility of the cancellation of these rights, the City should investigate the sale, lease, or other use of the water as a possible financial asset. We also learned that some water resources in the Red River Basin are subject to the Red River Compact, an agreement among Texas, Louisiana, Oklahoma and Arkansas that apportions the water in the Red River among those states. Mr. Matthews advised that the water which enters Pat Mayse Reservoir is not subject to the Red River Compact until it exits the reservoir. The City also has resources in Lake Crook and retu.rn flows from its wastewater treatment plant and from various industries which also are not subject to the Compact. 3. We reviewed contracts between the City and Campbell Soup, Lamar County Water Supply, Direct Energy, and Lamar Power Partners. These contracts commit the City to supply 30.3 mgd to these wholesale customers. However, their average usage over the last 10 years is less than 10 mgd. A possibility may exist to re-commit some of this water shorter-term, until needed by the wholesale customers. It should be noted that the use of "averages" in water supply discussions can be misleading - the City must be prepared to fulfill the wholesale contracts during peak usage periods. 4. We deteimined that there are no current numbers available as to the capacity of Pat Mayse Reservoir, talcing into account sedimentation over the last 40 plus years. The "safe yield" and volume capacity area relationships that we currently rely on were developed in the 1960's with the design of the reservoir. These have been confirmed roughly by the Corps over the years with "range line" surveys. To obtain current accurate capacity data, the City of Irving has entered into a contract with the Texas Water Development Board for a volumetric survey of Pat Mayse. Irving will pay for the survey and TWDB has completed the field work. Data on the current volume/area/capacity relationship of the lake should be available for the committee's use by September 15, 2008. The volumetric survey will incorporate GPS and 2 r' 000010