R-10-08-12-9E10 - 8/12/2010RESOLUTION NO. R -10-08-12-9E10
WHEREAS, the City of Round Rock ("City") and the Brazos River Authority ("BRA") desire
to resolve their dispute regarding competing interests in the use or reuse of groundwater based return
flows from the Brushy Creek Regional Wastewater System; and
WHEREAS, the City and BRA wish to enter into a Settlement Agreement in regard to the
Application by BRA for Water Use Permit No. 5851, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Settlement
Agreement with Brazos River Authority, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 12th day of August, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
0:\wdox\SCC1nts\0112\1005\MUNICIPAL\0o1994os.DOc/nnc
SETTLEMENT AGREEMENT
This Settlement Agreement is entered into by the City of Round Rock ("City") and the
Brazos River Authority ("BRA"), collectively referred to as the "Parties," in order to establish a
resolution regarding competing interests in the use or reuse of groundwater based return flows from
the Brushy Creek Regional Wastewater System.
WHEREAS, BRA has filed Application No. 5851 with the Texas Commission on
Environmental Quality ("TCEQ“) seeking, among other things, the authorization to divert,
appropriate and use current and future surface water based and groundwater based return flows,
including the City's groundwater based return flows;
WHEREAS, the draft permit prepared by TCEQ staff for Application No. 5851 incorrectly
states that the owners of the Brushy Creek Regional Wastewater System are BRA and the Lower
Colorado River Authority;
WHEREAS, the City intends to file with TCEQ an application seeking, among other things,
authorization to convey its groundwater based return flows through the watercourses of the Brazos
River Basin for subsequent diversion and use;
WHEREAS, the City has protested BRA's Application No. 5851 and BRA plans to protest
the City's application and request a contested case hearing;
WHEREAS, the City and BRA desire to resolve their disputes regarding the right to
appropriate, divert and use or reuse the City's groundwater based return flows by agreement without
the delay and expense of litigation;
NOW, THEREFORE, based on the terms herein, which constitute good and valuable
consideration, the Parties agree as follows:
1. BRA agrees that it will not divert or use the City's groundwater based return flows that are
subject to a bed and banks authorization granted to the City by the TCEQ pursuant to Texas
Water Code § 11.042(b).
2. BRA will refrain from protesting the City's future application, insofar as it seeks
authorization to discharge, transport, divert and use the City's groundwater based return
flows.
3. BRA will continue to take the position regarding Application No. 5851 that it does not seek
to divert, appropriate or use return flows that are subject to a bed and banks authorization
granted by the TCEQ pursuant to Texas Water Code § 11.042(b).
4. BRA agrees that it will use its best efforts to obtain modification of any draft permit that
authorizes BRA to divert, appropriate or use return flows that are subject to a § 11.042(b)
authorization.
5. BRA agrees that it will use its best efforts to obtain modification of any draft permit for
Application No. 5851 to reflect that the Brushy Creek Regional Wastewater System is
owned by the City, the City of Austin, and the City of Cedar Park.
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EXHIBIT
HA”
SETTLEMENT AGREEMENT
6. The City agrees to withdraw its protest to BRA's Application No. 5851 and to limit its
participation in the contested case proceeding to monitoring and seeking to ensure that the
permit ultimately issued to BRA does not authorize BRA's diversion, appropriation or use
of return flows that are subject to a § 11.042(b) authorization.
7. The City and BRA agree that no compensation is due either party under this Settlement
Agreement and that each party shall bear its own costs in terms of complying with this
Settlement Agreement.
8. This Settlement Agreement contains the entire agreement between the Parties and
supersedes any and all prior agreements, arrangements or understandings between the
Parties relative to the subject matter contained herein. No oral understandings, statements,
promises, or inducements contrary to the terms of this Settlement Agreement exist. This
Settlement Agreement cannot be changed or modified verbally, as any amendment or
modification must be in writing and agreed to and executed by the Parties or their authorized
representatives.
9. This Settlement Agreement shall be binding upon and inure to the benefit of the Parties and
their respective legal representatives, successors, and assigns.
10. By their signature below, the individuals signing represent and warrant that they have the
full authority to bind and otherwise compromise the interests of the party they represent.
CITY OF ROUND ROCK
Date: By:
Alan McGraw, Mayor
APPROVED AS TO FORM: ATTEST:
Stephan L. Sheets, City Attorney Sara White, City Secretary
BRAZOS RIVER AUTHORITY
Date: i �Lat02q, l t.1 By:
Phil Ford, General Manager/CEO
ATTEST:
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ROUND ROCK, TEXAS
PURPOSE. PASSION PROSPERITY
City Council Agenda Summary Sheet
Agenda Item No. 9E10.
Consider a resolution authorizing the Mayor to execute a Settlement Agreement with BRA
Agenda Caption: regarding its Application No. 5851 with TCEQ for a basin -wide permit.
Meeting Date: August 12, 2010
Department: Infrastructure Development and Construction Management
Staff Person making presentation: Michael D. Thane, P.E.
Director of Infrastructure Management
Item Summary:
This Settlement Agreement establishes a resolution between the Brazos River Authority (BRA) and the City regarding
competing interests in the use or reuse of the City's groundwater based return flows from the Brushy Creek Regional
Wastewater System (BCRWWS). BRA filed Application No. 5851 with the Texas Commission on Environmental
Quality (TCEQ) seeking the authorization to divert and use or reuse the City's groundwater based return flows. The
City has protested BRA's application and plans to file a bed and banks application with the TCEQ for authorization to
convey its groundwater based return flows for subsequent diversion and use. This agreement between the City and
BRA sets forth the terms in which both parties are able to resolve their disputes without the delay and expense of
litigation.
Strategic Plan Relevance:
Goal 28.0 "Protect public health and protect the environment through proper waste disposal."
Cost: N/A
Source of Funds: N/A
Date of Public Hearing (if required): N/A
Recommended Action:
EXECUTED
DOCUMENT
FOLLOWS
SETTLEMENT AGREEMENT
This Settlement Agreement is entered into by the City of Round Rock ("City") and the
Brazos River Authority ("BRA"), collectively referred to as the "Parties," in order to establish a
resolution regarding competing interests in the use or reuse of groundwater based return flows from
the Brushy Creek Regional Wastewater System.
WHEREAS, BRA has filed Application No. 5851 with the Texas Commission on
Environmental Quality ("TCEQ") seeking, among other things, the authorization to divert,
appropriate and use current and future surface water based and groundwater based return flows,
including the City's groundwater based return flows;
WHEREAS, the draft permit prepared by TCEQ staff for Application No. 5851 incorrectly
states that the owners of the Brushy Creek Regional Wastewater System are BRA and the Lower
Colorado River Authority;
WHEREAS, the City intends to file with TCEQ an application seeking, among other things,
authorization to convey its groundwater based return flows through the watercourses of the Brazos
River Basin for subsequent diversion and use;
WHEREAS, the City has protested BRA's Application No. 5851 and BRA plans to protest
the City's application and request a contested case hearing;
WHEREAS, the City and BRA desire to resolve their disputes regarding the right to
appropriate, divert and use or reuse the City's groundwater based return flows by agreement without
the delay and expense of litigation;
NOW, THEREFORE, based on the terms herein, which constitute good and valuable
consideration, the Parties agree as follows:
1. BRA agrees that it will not divert or use the City's groundwater based return flows that are
subject to a bed and banks authorization granted to the City by the TCEQ pursuant to Texas
Water Code § 11.042(b).
2. BRA will refrain from protesting the City's future application, insofar as it seeks
authorization to discharge, transport, divert and use the City's groundwater based return
flows.
3. BRA will continue to take the position regarding Application No. 5851 that it does not seek
to divert, appropriate or use return flows that are subject to a bed and banks authorization
granted by the TCEQ pursuant to Texas Water Code § 11.042(b).
4. BRA agrees that it will use its best efforts to obtain modification of any draft permit that
authorizes BRA to divert, appropriate or use return flows that are subject to a § 11.042(b)
authorization.
5. BRA agrees that it will use its best efforts to obtain modification of any draft permit for
Application No. 5851 to reflect that the Brushy Creek Regional Wastewater System is
owned by the City, the City of Austin, and the City of Cedar Park.
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SETTLEMENT AGREEMENT
6. The City agrees to withdraw its protest to BRA's Application No. 5851 and to limit its
participation in the contested case proceeding to monitoring and seeking to ensure that the
permit ultimately issued to BRA does not authorize BRA's diversion, appropriation or use
of return flows that are subject to a § 11.042(b) authorization.
7. The City and BRA agree that no compensation is due either party under this Settlement
Agreement and that each party shall bear its own costs in terms of complying with this
Settlement Agreement.
8. This Settlement Agreement contains the entire agreement between the Parties and
supersedes any and all prior agreements, arrangements or understandings between the
Parties relative to the subject matter contained herein. No oral understandings, statements,
promises, or inducements contrary to the terms of this Settlement Agreement exist. This
Settlement Agreement cannot be changed or modified verbally, as any amendment or
modification must be in writing and agreed to and executed by the Parties or their authorized
representatives.
9. This Settlement Agreement shall be binding upon and inure to the benefit of the Parties and
their respective legal representatives, successors, and assigns.
10. By their signature below, the individuals signing represent and warrant that they have the
full authority to bind and otherwise compromise the interests of the party they represent.
Date:
CITY OF ROUND ROCK
By: %-t / l_ ---
Alan McGraw, Mayor
APP OVED AS TO FORM: ATTEST:
41w.,
Stephan' . Sheets, City Attorney
Date: ct9, iQ
C519'14+�t„I.c.Qult
Sara White, City Secretary
BRAZOS RIVER AUTHORITY
By:
Phil Ford, General Manager/CEO
ATTEST:
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