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GM-13-07-24-049.,~~ ...I.w;.EN£IGY'_.COMWINlTY SERVICES July 17, 2013 Brushy Creek Regional Utility Authority (BCRUA) Attn: Aaron Archer, on behalf of BCRUA 221 East Main Street Round Rock, Texas 78664 Dear Mr. Archer: This letter concerns your intention to move your intake barges from their current location to an alternate and temporary location over LCRA-owned land adjacent to the Hollows at Northshore subdivision near the mouth of the Sandy Creek ann of Lake Travis. LCRA will not object to this arrangement under the following conditions: • You will at all times comply with the LCRA Land and Water Use Regulations, a copy of which is attached to this letter. • You will be locating the barge over LCRA land at your own risk and you agree to hold LCRA hannless from and against any claims, demands, losses, or liabilities of any nature. • The barge will need to have adequate lighting at night. • The barge should not block watercraft navigation. • No boats will be kept at the barge. • You will relocate the barge to its pennanent and nonnal location as soon as reasonably possible. • The City of Lago Vista currently has an intake barge temporarily located over this same land. Please do not anything to interfere with Lago Vista's barge. • Do not use the western part of the property as LCRA has leased that land to the adjoining community for a boat ramp. (Attached is the map you sent) • LCRA may revoke this letter agreement at any time. If you accept these conditions, please sign and date both originals of this letter in the space provided below and return a signed original to my attention. Should you have any questions regarding any of the above, please contact me at (512)-578­ 4409, or 1-800-776-5272, ext. 4409. ~~~:'(\ A BenHa~e~~ Senior Real Estate Representative P.O BOX 220 • AUSTIN, TEXAS' 7B767-0220· (512) 473-3200' 1-800·776-5272' WWW.LCRA.ORG The purpose of these regulations is to ensure a safe and enjoyable stay for all visitors to our parks. For more il~formation, submit your questions to Ask LeRA 011 lera. 0 rg. APPLICABILITY These regulations apply to all water under the jurisdiction ofthe Lower Colorado River Authority n.cRA water") and to all land owned by the Lower Colorado River Authority ("LCRA land"). I. AUTHORITY These regulations are adopted and promulgated under authority vested in the Board of Directors ofthe LCRA by thelaws oftheStateofTexas. includ­ ing, but not limited to, the LCRA Act, Chapter 51 ofthe Texas Water Code, and Chapter 31 ofthe Texas Parks and Wildlife Code. 2. DEFINITION or TERMS The following words in these reguJa­ tions have the definitions attached to them in this paragraph: a. "General manager" means the gen­ eral manager or the acting general manager ofthe Lower Colorado River Authority or his designee. b. "Watercraft" means any boat, vessel, personal watercraft, barge or similar floating craft used or capable of being used for transportation on water. c. "Motorboat" means any vessel pro­ peJled or designed to be propelled by machinery, whether or not the machinery is permanently or tempo­ rarily affixed or is the principal source ofpropulsion. d. "Floating habitable structure" means a floating structure intended to be used as a temporary or permanent domi­ cile by one or more persons and may contain all or part ofthe following; cooking, eating, living, and sanitary facilities. The definition includes a floating home, residence or domicile. A floating habitable structure Includes a structure that may be capable of navigation but is not designed primar­ iJy for that purpose. The attachment ofan outboard motor and registration with the Texas Parks and Wildlife Department as a vessel does not imply that it is used primarily for naviga­ tion. This definition expressly excludes houseboats or other watercraft with overnight accommodations that are designed primarily for navigation. e. "Grandfathered Floating Habitable Structure" means a floating habitable structure that existed on one ofthe Highland Lakes prior to October 20, 2010. 3. WATERCRAFT a. A motorboat operating on LCRA water must have an exhaust water manifold or a factory-type muffler installed on the engine. b. Watercraft on LCRA water shall be eqUipped and operated in accordance with all provisions ofthe Water Safety Act and all water safety rules and regulations adopted by the Texas Parks and WJldlife Department c. The operator ofany watercraft involved in an accident shall immedi­ ately report the accident to an LCRA Ranger or other law enforcement official. d. Any watercraft being operated on the Highland Lakes that is equipped with an optional exhaust noise-suppression device shall be operated with the device engaged when In a "No Wake" area. e. No person may operate a motorized watercraft on the Highland Lakes at a speed greater than the minimum speed necessary to maintain steerage­ way and headway within SO feet ofthe shoreline, structures. swimmers or restricted areas. f. No person may operate a watercraft on the Highland Lakes at a noise level greater than 92 decibels. measured using the Society ofAutomotive Engineers' standard J-2005 (stationary test). g. It is unsafe for watercraft to operate faster than 20 miles per hour or the minimum planing speed at night on the Highland Lakes. 4. RESTRICTED AREAS The general manager is authorized to designate certain areas in LCRA water as fishing, swimming. or otherwise restricted areas. Such areas shall be marked by buoys or signs. No person shall engage in any activity that vio­ lates a posted prohibition or restric­ tion. This paragraph shall not apply to maintenance, patrol, or rescue watercraft. S. EMERGENCY RESTRICTIONS In the case ofextreme flooding, water contamination, or other emergency or natural disaster, the general manager is authorized to declare restrictions on the use ofall or any portion ofLCRA water for a period not to exceed 30 days, as deemed necessary and con­ venient for purposes ofpublic health, safety and welfare. Ifdeemed neces· sary by the general manager because ofcontinued emergency conditions, the general manager may extend the restrictions for a successive period not to exceed 30 days. No person shall engage in any activity that violates such restrictions. 6. SWI!\IMING Swimming is prohibited within 50 feet ofany public boat ramp. 7. OBSTRl:CTION OF NA\'GATION AND WATER flOW No person shall anchor any watercraft or construct or maintain any floating or fixed structure on LCRA water that unreasonably prevents, impedes or in­ terferes with safe navigation or access to the water by the public. No person shall construct or maintain in LCRA water any fence or similar device for the purpose ofdiverting water and! or wind currents or interfere with the normal movement ofwater and floating debris. Ail floating or fixed structures ofany type on LCRA water shaD be adequately marked or lighted so as not to create a safely hazard for the public. This paragraph shall not apply to breakwater structures permit­ ted under the Highland Lakes Marina Ordinance. 8. DREDGING AND FIlLING Any excavation, discharge Or fill of materials in LCRA water shall be performed in accordance with aD ap­ plicable regulations and pemtits ofthe U.S. Army Corps ofEngineers (Fort Worth or Galveston District) and LCRAS Nonpoint-Source Pollution Control Ordinances. 9. Bl:OYS No person shaD place any buoy or marker on LCRA water. 10. CAMPING AND PICNICKING a. Picnicking and camping are allowed on LCRA land only in those public areas so deSignated. b. No person shall camp on any LCRA land for more than five consecutive days or camp on LCRA land for more than 10 days within any calendar month. c. No person shaD litter or contaminate any camping, picnic or other areas of LCRA land or LCRA water. Garbage and waste may be disposed ofonly in trash barrels provided by LCRA. In areas where there are no trash barrels, campers and picnickers shaD collect and remove their garbage and waste from LCRA land for lawful disposal. d. Campfires are permitted only in estab­ lished fire rings or in contained camp stoves. During times ofextreme fire hazard conditions. the general man­ ager may declare a ban on all ground fires on aD or any part of LCRA land, as necessary for purposes ofpublic health, safety and welfare. No person shall light, build or maintain a ground fire on LCRA land while such a ban is in effect. No person shaD at any time bum trash, garbage, brush or other refuse on LCRA land. e. Ail pels must be kept on leashes at all times while in the designated camping and picnicking areas; outside the des­ ignated camping and picnicking areas, pets must be kept under their owners' direct control In no case shall a pel be allowed to constitute a nuisance. Live­ stock shall not be allowed to range or graze on LCRA land. No horses shaD be allowed in designated camping or picnicking areas. f. No person shall destroy or remove from LCRA land any timber, shrubs, other vegetation, rock, sand, gravel, caliche, or any other substance. mate­ rial or geologic feature. g. No person shaD place, construct, erect or occupy any temporary or perma­ nent structure for human habitation or other purposes on LCRA land. This provision does not apply to the use of normal camping equipment. No person shaD install or construct an dectric, water, wastewater or other utility line or service upon, over or under LCRA land. h. No person shall bring or use any glass container on LCRA land. i No person shall cause. create or contribute to excessive noise on LCRA land between the hours of 10 p.m. and 6 am. Noise that unreasonably disturbs other visitors is considered excessive. Generators and amplified music shaD be turned off between the hours of 10 p.m and 6 am. j. Public consumption or display ofalco­ holic beverages is prohibited on LCRA land. Intoxicated persons may not be allowed on LCRA land. Visitors who become intoxicated while on LCRA land may be removed from LCRA land. II. WILD AND fERAL ANIMALS No person shaD feed any feral or wild animal on LCRA land. No person shall place, dump, abandon or leave any animal on LCRA lands. 12. PROHIBITH) AREAS To ensure the safety and health of the public and to provide for the security, safeguarding and preserva­ tion ofproperty and improvements. the general manager is authorized to designate areas ofLCRA land from which the public shall be prohibited to enter or in which certain activities shall be prohibited. Such areas shall be clearly marked by signs indicating the prohibition. No person shall enter into such prohibited areas or engage in prohibited activities. 13. f1REAR.\oIS, Hl:NTING AND TRAPPING The transportation, possession or use offirearms, or any other type of weapon, and any and aD types ofhunt­ ing on LCRA land or LCRA water are illegal under state law and are strictly prohibited. No person shall place poisons or mechanical devices such as traps and snares on LCRA land. 14. FIREWORKS AND EXPLOSIVES Possession or discharge of fireworks or explosives on LCRA land or LCRA water is prohibited. 15. METAL DETECTORS No person shaD use or operate a metal detector on LCRA land. 16. ARCHAEOLOGICAL AND HISTORICAL FEATl'RES Archaeological and historical features ofevery character located in. on or under LCRA land or LCRA water are protected by state law and may not be disturbed or removed without a permit from the Texas Antiquities Committee, or successor agency, and without having obtained prior written permission from LCRA. 17. SANITATION No person shall dump or otherwise dispose of trash, garbage, hazardous materials, unsightly matter, junk, or other solid waste on LCRA land or into LCRA water. No person shall discharge wastewater, sewage, or efflu­ ent from holding tanks, sinks, toilets or other plumbing fixtures on LCRA land or in LCRA water. Nonhazard­ ous waste may be disposed of only in designated trash barrels. 18. ABANDONED PROPERTY Abandonment of personal property on or in LCRA land or LCRA water is prohibited. Personal property left unattended on or in LCRA land or LCRA water for more than 24 hours shall be considered abandoned prop­ erty. Abandoned property may be removed and disposed ofin any man­ ner deemed appropriate by the general manager. LCRA is not responsible for personal property left on LCRA land or LCRA water. 19. MOTOR VEHICLES ExCept in special-use areas designated by the general manager, all motor vehicle operation on LCRA land shall be confined to designated roads and parking areas. All motor vehicles op­ erated on LCRA land shall be licensed for street use and shall be operated only by persons with valid driver's licenses in a reasonable and prudent manner to prevent environmental damage and to ensure public safety. No motor vehicle may be operated in excess ofa posted speed limit. 20. PROTECTION OF LCRA PROPERTY No person shall damage, deface or destroy any LCRA property, includ­ ing equipment and facilities provided for outdoor recreational purposes. No person shall, in any manner, alter or remove any LCRA sign, survey mark­ er, boundary fence, cross-fence, gate, cattJeguard or wire gap. No person shall construct any road, trail, path or other avenue on, over or across LCRA land or cross LCRA land to reach adjacent property. 21. GROUPS Prior written permission shall be ob­ tained from LCRA for any organized group activity on LCRA land involv­ ing 20 or more individuals. At the sole discretion ofthe general manager, a particuIar site may be designated by LCRA and reserved for any group activity. 22. SOLICITATION OF BUSI:,\ESS No person shall engage in or solicit any business on LCRA land or LCRA water. 2J. ADVERTISEMENTS No commercial notices, signs or ad­ vertisements shall be placed on LCRA land. Private messages may be posted only in areas designated by the general manager for such messages. 24. PARK REGULATIONS In addition to these regulations, LCRA may enact regulations spe­ cifically for certain LCRA parks and adjacent LCRA water and may approve park regulations enacted by other poljtical subdivisions for LCRA land leased to them for public parks. In case ofcon1lict between specific park regulations and these general use regulations, the specific park regula­ tions shall govern. 25. WAIVER A:'\D PERl,nTS Except when prohibited by state law, any provision of these regulations may be waived in whole or in part as deemed necessary and appropriate in the sole discretion of the general man­ ager. A waiver shall be evidenced by a permit or other prior written permis­ sion issued by the general manager. 26. VIOLATIONS Any person who, without the prior written permission of the general manager, knowingly or intentionally violates or fails to comply with any provision of these regulations is guilty of a misdemeanor. Upon conviction, the violator is subject to punishment by a fine not to exceed $500. In addi­ tion, such violator(s) may be barred from use of LCRA land and facilities for a period of30 days for the first of­ fense and 60 days for any subsequent offense. 27. FLOATING HABITABLE STRUCTURES a. Floating habitable structures are pro­ hibited within the floodplain of Lake Travis, Lake Marble Falls, Lake LBJ, Lake Inks and Lake Buchanan (col­ lectively, "the Highland Lakes"). b. A Grandfathered Floating Habitable Structure is excluded from the pro­ hibition in this Section ifit complies with all of the following conditions: I. A Grandfathered Floating Habit­ able Structure must be registered with LCRA within six (6) months after notification by LCRA staff; II. A Grandfathered Floating Hab­ itable Structure may not be re­ located, replaced, expanded or modified, other than as required for necessary maintenance; and m. A Grandfathered Floating Hab­ itable Structure shall com­ ply with all applicable fed­ eral, state or local rules and regulations, including any appli­ cable LCRA rules and regulations. 28. VALIDITY Ifany part ofthese regulations should be held by acourt ofcompetent jurisdiction to be invalid or unconsti­ tutional, the validity ofthe remainder hereof shall not be affected. PROPOSED BCRUA EASEMENTfiR TTI«lll&ew-....... If IS NOT TO BE USED T.,n'.l.lfWM ~~~~ 1I...n .... No. 7lH llSSlltO ~sc=rs:Uc !011::01J FIGURE 1PMlJECT NlJ\la[~lor.oo02017il"