2010-111 RES CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT FOR WATER RIGHTS TO PAT MAYSE RESERVOIR

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WHEREAS, the Water Resources Development Act of 2007, Section 3152, Pat Mayse Lake Texas, directed the Secretary of the Army to accept from the city of Paris, Texas, $3,461,432 as payment in full of monies owed to the United States for water supply storage space in Pat Mayse Lake, Texas, under contract number DA-34-066-CIVENG-65-1272, including accrued interest. NOW, THEREFORE, said contract is hereby modified in the following particulars but in no others: ITEM l: Article la, as amended by Supplemental Agreement No. l, and Articles 1.e, l.f, and 10 are deleted in their entirety and the following substituted therefore: ARTICLE 1- Water Storage Space. a. Project Construction. The Government, subject to the directions of Federal law and any limitations imposed thereby, has designed and constructed the Project so as to include therein space for the storage of water by the City. b. Rights of City. (1). The City shall have the right to utilize an undivided 100 percent of the usable conservation storage space in the Project between elevations 451.0 feet and 415.0 feet above National Geodetic Vertical Datum, which is estimated to contain 109,600 acre-feet after adjustment for sediment deposits. This storage space is to be used to impound water for present demand or need for municipal and industrial water supply. (2) . The City shall have the right to withdraw water from the lake, or to request releases to be made by the Government through the outlet works of the Project, subject to the provisions of Article lc and to the extent the aforesaid storage space will provide; and shall have the right to construct all such works, plants, pipelines, and appurtenances as may be necessary and convenient for the purpose of diversion or withdrawals, subject to the approval of the District Engineer as to design and location. The grant of an easement for right-of-way, across, in and upon land of the Government at the Project shall be by a separate instrument in a form satisfactory to the Secretary of the Army, in accordance with ER 405-1-12, under the authority of and in accordance with the 2