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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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things and the Corps has done a number of these things. It's a very legitimate issue for you to inquire <br />into. <br />I can tell you right now everything that is relevant about the Corps contract. You have two different <br />contracts. The first one, and then the supplement, and those deal mostly with the issue of when you pay <br />them and what you pay them. The main thing is, you now have the right to 100 percent of the storage <br />space, between 415 and 451, and you have diversion rights to the extent that such rights are granted by <br />the Texas Water Commission or its successor, and so those issued the diversion permits to you. <br />You had the water rights shown on the lower half of this page, and I tried to give you this in both acre <br />feet per year. This is what confuses me. The impoundment right and your state water right is for 144,500 <br />acre foot of water in Lake Pat Mayse. That's obviously more than 109,600 acre feet you got in storage <br />between 415 and 451. And I don't think that includes the flood pool, so there's some question in my mind <br />as to whether they've already used the sedimentation pool in determining the yield of this project. One of <br />the things I would recommend you have your engineers do is review the yield calculations based on your <br />original water rights and see if it was done correctly and see if there's any more water you can get just on <br />a re- analysis of the yield calculation that was done. <br />I would note that all your water rights now are not both municipal and industrial. You are authorized to <br />use up to 20,000 acre feet out of 36,610 acre feet for annual industrial purposes in the Sulphur River <br />Basin in Lamar County. And part is municipal authorization that can be used outside the Red River Basin <br />for supplying small communities and rural customers in the Sulphur River Basin. <br />If you ever had occasion to readdress the water rights, I would suggest that you get those amounts <br />appropriated for both uses. I know the city of Marshall ran into a big problem when they were trying to <br />provide water to the energy power plant in Harrison County because they didn't have enough industrial <br />water rights, and they had to go switch the municipal to industrial, and they got caught in the spider's web <br />over issues of notice, and that case went all the way to the Supreme Court and after four or five years it's <br />still not clear where they are. So the next time you have a chance to clean up, get your rights authorized <br />for both municipal and industrial I would suggest that you do that. <br />Question 14 is, when considering Pat Mayse Lake as a reservoir for increasing lake capacity or for a <br />storage pool, what regulatory restrictions or requirements have to be met and what studies and permits <br />are required? Does the potential effect on recreational use come into play under these considerations? <br />With regard to the Corps, making a decision to increase the elevation of the reservoir, that would <br />probably have to go through a full -blown environmental statement. I would tend to think that you're going <br />to have flooding. You probably have structures around the lake. If you raise the level, are you going to <br />flood any of those structures? <br />OK, question 15. Does the city have the right to impound water above elevation 451 or below elevation <br />415 for purposes of selling or redirecting it from normal downstream flow patterns? <br />No, your rights are between 415 and 451, under the Corps contract. <br />Next question, can the city pump from the flood pool or post spillway overflows for storage at other <br />reservoirs? <br />Well, think about it. You have a glass, and you have a straw in that glass, and you're drinking from the <br />middle of that straw, what's going on in the glass? The top of it's coming down. Whenever there's water in <br />the flood pool, they need to get rid of that water anyway, because they're trying to keep that space open <br />in case they have a flood. They got gates open trying to pass that water, and that's one of these records <br />indicates there's a fair amount of water coming out of that reservoir. The other reason that's happening is <br />that you're not fully utilizing that conservation space, OK? You're not fully diverting and using all of your <br />water. If you were, the water elevation would be down and there would be more times when the flood <br />
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