18-TCEQ APPLICATION FOR AMENDMENT TO WATER RIGHT

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Pursuant to the Texas Supreme Court's decision in City ofMarshall v. City of Uncertain,� for a water right amendment that does not seek to increase the amount or rate of diversion, TCEQ must assess several "limited public interest criteria" in determining whether to issue notice on an application to amend a water right filed under Texas Water Code § 11.122(b). These criteria are addressed below. Based upon the full-use assumption and the information provided below, the City believes the Commission can issue the City's proposed amendment to add an agricultural purpose of use to COA 02-4940A without notice pursuant to TCEQ regulations at 30 TAC § 295.158(c) and in compliance with the direction of the Texas Supreme Court. III. Aqplicant Information Name of Applicant: City of Paris, Texas Address: P.O. Box 9037, Paris, Texas 75461-9037 Principal Contact: John Godwin, City Manager Telephone: (903) 784-9201 Fax: (903) 785-8519 IV. Administrative Requirements and Fees This Application provides relevant information to address the administrative requirements in 30 TAC § 295, Subchapter A, and the requirements of Texas Water Code Chapter 1l. In accordance with 30 TAC § 295.131 and other TCEQ rules relating to fees, the City is submitting payment of $100.00 with this Application. With filing this Application, the City requests a determination of any additional fees that may be required. Upon receipt of such determination, the City will forward such fees to the TCEQ. V. Beneficial Use Texas Water Code § 11.134(b)(3)(A) requires that proposed appropriations of water be intended for a beneficial use. The "beneficial use" of water is defined in Texas Water Code § 11.002(4) and 30 TAC § 297.1(8) as the use of water "which is economically necessary for a purpose authorized by [Chapter 11 of the Texas Water Code]." An agricultural purpose of use is defined in Texas Water Code § 11.023 as a purpose for which water may be diverted and beneficially used and is defined in 30 TAC § 297.1(2) to include "any use or activity involving agriculture, including irrigation." This amendment to COA 02-4940A will allow the City to provide water for agricultural purposes to Daisy Farms, a 25,000 cow dairy facility that is being constructed by Daisy Brand LLC, a manufacturer and retailer of sour cream and cottage cheese products throughout the United States. This permit amendment will allow the City to provide water to an industry in Lamar County that will bring economic development to the area while promoting agri-tourism. ' See City ofMarshall v. City of Uncertain, 206 S.W. 3d 97 (Tex. 2006). 3752525.1 � � 2