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LAKE PAT MAYSE STUDY COMMITTEE
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2008-2009
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CITY CLERK
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in a regional water plan. I have not become an expert on your Region D plan, but I'm sure Paris has its <br />water use in there, and it comes from Lake Pat Mayse in part. <br />(Sharron Nabors: it's not.) <br />JM: I've not gone to look at your regional water plan, but certainly the process was for each water user <br />group to have identified what their strategies were for meeting the need, so I don't know whether Pat <br />Mayse Lake is or not mentioned, but it should have been. And one thing you need to understand, when I <br />say the regional water plan, the way I access the regional water plan is I go to the Texas Water <br />Development Board Web site and you will find there are appendices upon appendices upon appendices. <br />So when you read, the plan, you might not see Lake Pat Mayse, but I would be willing to speculate that <br />somewhere in there Pat Mayse has shown up in one of the appendices. <br />(Sharron: I don't think so.) <br />Reeves Hayter: That's not correct. All of Paris' and Lamar County's water comes from Pat Mayse <br />reservoir, and it's all shown in the plan, back there in what they call the database, the DB07 appendix to <br />the plan. That's where it shows all of Lamar County's water coming from. <br />JM: The simple narrative document that you get is supplemented by all these appendices, and <br />sometimes the devil is in the details and sometimes that's where that kind of detail exists. I disclaim <br />express knowledge about your plan, but I would suspect if the issue came up we could look at that and <br />see if that exception exists. <br />Again, my point is I think the first exception I described to you fits your situation to a T. <br />A couple of other exceptions are, is if the permit was obtained to meet a demonstrated long -term public <br />water supply need, and it's consistent with the projection of future water needs contained in the state <br />water plan. <br />There are also others that are more specific and don't quite fit your situation. One deals with the <br />situation where a certified filing, which is a very old water right. Before we even got to the state issuing <br />permits, if you had like a mining claim or something, you could go to the county clerk's office and file what <br />was called a certified filing. So if you happened to have a water right that's based upon one of these <br />certified filings, and you're a city, that water right cannot be canceled if the water has been put to use <br />under the certified filing for municipal purposes during any 10 -year period. <br />So like I said, the Legislature back during the 50s came out with this broad cancellation provision. It <br />wasn't heavily used, but the Legislature over time has recognized that there are people who have done <br />projects, made investments, and are sitting there with concerns about cancellations, and they have come <br />in to try to address those needs. So under current law I do not have any anxiety that there is a grounds to <br />cancel any of your water rights that are not currently being used in Lake Pat Mayse. <br />One part of the question asked me had to do with the history of cancellations. By and large, most of the <br />cancellations the state has done are for irrigation water rights, which can fall into disuse over time, and a <br />lot of them are in the Rio Grande Valley, where there is a water master. And the Rio Grande Valley is <br />different from the rest of the state in that its water rights are the result of a court case as opposed to this <br />legislative scheme, and most of the rights are allocated over time and a water master has been appointed <br />to ride herd over all of that, and if water is not used over there, it is such an arid part of the state, a very <br />precious commodity that they do monitor that situation, and if you've got an irrigation right that goes into <br />10 years or more of non -use, they may take some action to cancel that. <br />The question was asked about what does it mean to perfect your water right, and why would we never <br />sell our water right. A moment ago when I told you we have this appropriative scheme, if you want a <br />water right from the State of Texas, you have to go in and file an application, and it's a fairly arduous <br />process. They really take a good, close look at it, and the first question is, is there water available for <br />appropriation. But assuming you get your water right granted to you, until you put that water to beneficial <br />
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