CM-10-02-029COPY
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
APPLICATION FOR PERMIT TO APPROPRIATE STATE WATER
(SECTION 11.121, 11.042, 11.085 OR 11.143, TEXAS WATER CODE)
TAC CHAPTERS 30, 50, 281, 287, 288, 295, 297 AND 299
Water Supply Division, Water Rights Permitting MC -160
P.O. Box 13087
Austin, Texas 78711-3087
Telephone (512) 239-4691, FAX (512) 239-4770
APPLICATION TO AUTHORIZE THE REUSE OF TREATED EFLLUENT
(NOT HISTORICALLY DISCHARGED)
1. Applicant Information.
A. Applicant Name(s): Citv of Round Rock
Mailing Address: 221 E. Main Street, Round Rock, TX 78664
Telephone Number: 512-218-5410 Fax Number: 512-218-7097
Email Address: jnuseCa�round-rock.tx.us
B. Customer Reference Number (if issued): CN 600413181
C. Fees and Penalties
Applicant owes fees or penalties?
n Yes Fl No
2. Watercourse Data.
Stream: Brushy Creek
County: Williamson
Watershed: Brushy Creek Watershed, Brazos River Basin
3. Appropriation/Diversion Request (total amount of water needed, including maximum projected
uses and accounting for evaporative losses for off -channel storage, if applicable).
Requested Authorization: Request authorization to recapture and use in the future up to 20,928
acre-feet per year of treated effluent.
a. On September 28, 2009, The Texas Commission on Environmental Quality issued
amended TPDES Permit No. WQ0010264001 (See Exhibit "A") to the Lower Colorado
River Authority and Brazos River Authority. As the TPDES Permit has been amended, the
Brushy Creek Regional Wastewater Treatment Facility (West Plant) is authorized to
discharge 3.0 MGD (3,360 acre-feet annually) to Brushy Creek.
b. On April 12, 2007, the Texas Commission on Environmental Quality issued amended
TPDES Permit No. WQ0010264002 (See Exhibit "B") to the Lower Colorado River
Authority and Brazos River Authority. As the TPDES Permit has been amended, the
Brushy Creek Regional Wastewater Treatment Facility (East Plant) is authorized to
discharge 21.5 MGD (24,085 acre-feet annually) to Brushy Creek.
c. The City of Round Rock, City of Cedar Park, and City of Austin share ownership of the
Brushy Creek Regional Wastewater System as per the Master Contract for Financing,
Page 1
CM Lo- o2- 029 Cc)
COPY
Construction, Ownership, and Operation of the Brushy Creek Regional Wastewater
System (See Exhibit "C"). The City of Round Rock owns 17.68 MGD or 72.2% of the total
system capacity of 24.5 MGD.
d. The City of Round Rock currently utilizes local groundwater from the Edwards Aquifer and
surface water contracted from the Brazos River Authority for water supply.
e. The Brazos River Authority has contracted with the Lower Colorado River Authority for
25,000 acre-feet per year of water supply from the Colorado River Basin (see Exhibit "D")
to be utilized within the Brazos River Basin in Williamson County. The City of Round Rock
has contracted with the Brazos River Authority for a total amount of 20,928 acre-feet per
year (18.68 MGD) of the LCRA water supply to serve the City's future needs. The total
amount of water supply (20,928 acre-feet) from the Colorado River Basin is obtained from
the Brazos River Authority in three separate contracts included as Exhibits "E", "F", and
f. Pursuant to Sections 11.042 and 11.122 of the Texas Water Code, the City of Round Rock
seeks authorization to reuse up to 18.68 MGD (20,928 acre-feet per year) of treated
wastewater effluent, originating from the Colorado River Basin, to be discharged by the
amended TPDES Permit No. WO00102604001 and TPDES Permit No. WQ00102604002.
The 18.68 MGD of wastewater effluent has never been part of, nor included in, any historic
discharges to Brushy Creek from the Brushy Creek Wastewater Treatment System nor
have been part of any discharges within the Brazos River Basin. The City of Round Rock
anticipates capturing effluent after it has been discharged into Brushy Creek, tributary of
the San Gabriel River, tributary of the Little River, and tributary of the Brazos River, and
allowed to flow downstream to a point or points of diversion outside of the City of Round
Rock's service area to be identified in subsequent application(s) filed by the City of Round
Rock.
a. The volume of water that the City of Round Rock seeks authorization to divert pursuant to
this application is the 18.68 MGD or 20,928 acre-feet per year, less carriage losses, which
historically has not been discharged under TPDES Permit No. WO0010264001 or TPDES
Permit No. WQ0010264002 or from any other point with the Brazos River Basin. In the
future, the City of Round Rock will use or contract for the use of the recaptured effluent for
one or more of the following multiple beneficial purposes including municipal, industrial,
agricultural and/or environmental flows (including any instream use or riverine habitat).
I understand that the Agency may require additional information in regard to the requested authorization
before considering the City of Round Rock's application.
I have attached Check No. payable to the TCEQ in the amount of $1,000 to cover application fees
and understand I will be notified if other fees apply.
Witness my hand at Round Rock, Texas, this 54k day of rebruaxU , 2010.
CITY OF ROUND ROCK
By: 1
ales R. Nuse, City Manager
Page 2
COPY
Subscribed and sworn to by James R. Nuse, acting in his capacity
oas►Ciity Manager of the City of Round
'y4
Rock, as being true and correct before me this day of 'FNasJ , 2010.
Notary's Signature: 011,4441 .. 1/Lek(
Printed Name: M L- • V VI4(T<)
Notary's Seal or Stamp:
1
i"" SARA L WHITE
x' MY COMMISSION EXPIRES
a• Judy 11,2012
Page 3
1
COPY
EXHIBITS SUPPORTING THE CITY OF ROUND ROCK'S APPLICATION
TO AUTHORIZE THE REUSE OF TREATED EFFLUENT
Exhibit Description
A A copy of TPDES Permit No. WQ0010264001 for the Brushy Creek Regional Wastewater
Treatment Facility (West Plant)
B A copy of TPDES Permit No. WQ0010264002 for the Brushy Creek Regional Wastewater
Treatment Facility (East Plant)
C Master Contract for the Financing Construction, Ownership and Operation of the Brushy
Creek Regional Wastewater System among City of Austin, City of Cedar Park, and City
of Round Rock (December 8, 2009).
D Water Sale Contract by and between Lower Colorado River Authority and Brazos River
Authority Purchaser, October, 2000.
E System Water Availability Agreement for Colorado River Basin Water between Brazos
River Authority and City of Round Rock. October 4, 2001.
F System Water Availability Agreement for Colorado River Basin Water between Brazos
River Authority and City of Round Rock. September 26, 2002.
G System Water Availability Agreement for Colorado River Basin Water between Brazos
River Authority and City of Round Rock. December 13, 2006.
H Water Conservation Plan, City of Round Rock, April 2009.
USGS Topo Map identifying the outfall/discharge point as authorized by TPDES Permit
No. WQ0010264001 for the Brushy Creek Regional Wastewater Treatment Facility (West
Plant).
J Photographs (upstream/downstream) of the outfall / discharge point authorized by
TPDES Permit No. WQ0010264001 for the Brushy Creek Regional Wastewater
Treatment Facility (West Plant).
K USGS Topo Map identifying the outfall/discharge point as authorized by TPDES Permit
No. WO0010264002 for the Brushy Creek Regional Wastewater Treatment Facility (East
Plant).
L Photographs (upstream/downstream) of the outfall / discharge point authorized by
TPDES Permit No. WQ0010264002 for the Brushy Creek Regional Wastewater
Treatment Facility (East Plant).
M Copy of Check No. in the amount of $1,000 payable to TCEQ.
Page 4
COPY
SUPPLEMENTAL STATEMENT IN SUPPORT OF THE CITY OF ROUND ROCK'S
APPLICATION TO AUTHORIZE THE REUSE OF UP TO 20,928 ACRE-FEET PER ANNUM
OF TREATED EFFLUENT AUTHORIZED TO BE DISCHARGED
PURSUANT TO TPDES PERMIT NO. WO0010264002
1. Applicant: The City of Round Rock is a political subdivision of the State, a municipal
corporation operating pursuant thereto in conjunction with other applicable general laws of the State,
including Chapter 49, Texas Water Code. The City of Round Rock's corporate limits and extra -territorial
jurisdiction includes portions of Williamson County, Texas. The City is authorized to own, operate and
provide water and wastewater facilities and services.
2. Brushy Creek Regional Wastewater Treatment Facility: The City of Round Rock has a
contractual relationship with the City of Austin and the City of Cedar Park regarding the ownership and
operation of the Brushy Creek Regional Wastewater System. Pursuant to TPDES Permit No.
WO0010264001 and TPDES Permit No. WO0010264002, the entities are authorized to discharge
treated effluent into Brushy Creek in a volume and at a rate not to exceed 24.5 million gallons per day
(MGD) or 27,446 acre-feet per year. The City of Round Rock's contractual share of the total treatment
capacity is 72.2% or 17.68 MGD (19,802 acre-feet per year). The Brazos River Authority has
contracted to purchase water from the Colorado River Basin from the Lower Colorado River Authority in
the amount of 25,000 acre-feet per year. The City of Round Rock has entered into contracts with the
Brazos River Authority to purchase water from the Colorado River Basin in a total amount of 20,928
acre-feet per year and is planning to begin utilizing this source of water in 2014. The City is hereby
making application to authorize the reuse of up to 20,928 acre-feet per year from the Colorado River
Basin.
The City of Round Rock seeks authorization to divert up to 20,928 acre-feet per year of effluent
authorized for discharge by TPDES Permit No. WQ0010264001 and TPDES Permit No.
WO0010264002 from the Brushy Creek Regional Wastewater System. Prior to diverting the 20,928 ac-
ft/yr of effluent, the City of Round Rock will file requisite application(s) with TCEQ to use the bed and
banks of Brushy Creek, San Gabriel River, Little River, and/or the Brazos River to transport the treated
effluent described herein from the point of discharge to the point of diversion (potentially outside of the
City's service area) and use once the City of Round Rock has identified specific place and purpose of
use for the effluent. In the interim, the City of Round Rock will be able to protect the availability of the
future discharges for the City of Round Rock's beneficial use.
3. Point of Discharge: The current discharge outfall(s) authorized by TPDES Permit No.
WQ0010264001 and TPDES Permit No. WQ0010264002.
4. Point of Diversion: To be determined at a later date. The City of Round Rock will file an
additional application to identify and authorize the point of diversion as well as the site specific purpose
and place of use.
5. Diversion Rate: The City of Round Rock seeks authorization to divert the water resulting from
the discharge of treated effluent described herein at a rate not to exceed 18.68 MGD (12,972 gallons per
minute (gpm) or 28.90 cubic feet per second (cfs)).
6. Purpose of Use: The City of Round Rock seeks authorization to use the effluent for multiple
beneficial purposes including municipal, industrial, agricultural, and environmental flows (including any
instream use or riverine habitat) purposes.
Page 5
COPY
7. Metering: Diversions of effluent authorized for reuse pursuant to this Application will be
metered at the diversion point authorized by future applications to be filed by the City of Round Rock.
8. Water Conservation Plan: The City of Round Rock has attached hereto as Exhibit "H" a copy
of its amended water conservation plan which has been approved by TCEQ previously. This plan will be
followed in connection with the City's future use of treated effluent sought to be authorized for diversion
pursuant to this application. In the event the City of Round Rock contracts for the sale of treated effluent
to any third party customer, the City of Round Rock will make it a requirement of any such contract that
the buyer have an appropriate TCEQ approved water conservation plan prior to diversion of any effluent.
The City of Round Rock also proposed "special conditions" to this effect for inclusion in the permit of this
application.
9. Fees: Attached hereto is Check No. in the amount of $1,000 payable to TCEQ to cover
the filing and estimated recording fees for this application. A copy of the check is attached hereto as
Exhibit "J." The City of Round Rock requests that TCEQ staff advise City staff of any additional fees
that may be required for completion of processing the application.
10. Notice: No notice of the City of Round Rock's application is required because the City of
Round Rock only seeks the right to divert and use future discharges of the effluent authorized by TCEQ
Permit No. No. WO0010264002 that originates from water from the Colorado River Basin which has not
been discharged historically. Accordingly, with respect to this application, because of the fact that no
portion of the 20,928 ac-ft/yr of effluent has been discharged previously (i) no water right has or could
have been issued based upon any portion of the City of Round Rock's future discharges of the 20,928
ac-ft/yr originating from water from the Colorado River Basin, and (ii) no part of the environment nor any
environmental uses (including any instream use, riverine habitat, or coastal areas) have developed
and/or relied upon the future increases in effluent discharges the City of Round Rock seeks to permit
through this application.
11. Special Conditions: In Tight of the City of Round Rock's seeking the authorization to divert
and use the additional 20,928 acre-feet per annum in a two (2) step process, the City of Round Rock
recommends that the permit contain two special conditions to be satisfied prior to the City of Round
Rock's diversion of any portion of the 20,928 acre-feet per annum described in this application that
contemplate the following:
a. The City of Round Rock will seek separate authorization from TCEQ to authorize (i) the
point of diversion, (ii) the rate of diversion, and (iii) the place(s) of use of the diverted effluent
once the same has been determined; and
b. The City of Round Rock will provide (i) an amended conservation plan to address the type of
use contemplated (if not already addressed in the City of Round Rock's existing
conservation plan), and/or (ii) that in the event the City of Round Rock contracts to a third
party for the use of the effluent that the third party have, or submit to TCEQ for approval, a
conservation plan specific to the intended use(s).
12. City of Round Rock's Representative: The City of Round Rock is represented in connection
with this application by the law firm of Sheets & Crossfield, P.C., 309 E. Main Street, Round Rock, Texas
78664. Please direct any correspondence or questions regarding the City of Round Rock's application
to Mr. Stephan L. Sheets of that firm at (512) 255-8877.
Page 6
DATE: February 1, 2010
SUBJECT: City Manager Approval — February 5, 2010
ITEM: Consider application with TCEQ to authorize the recapture and use of 20,928
acre-feet per year of treated effluent in the future.
Department:
Staff Person:
Water and Wastewater Utilities
Michael Thane, Director of Utilities
Justification:
The Texas Commission on Environmental Quality (TCEQ) has issued amended TPDES Permits to
the LCRA and BRA. These amendments authorize the Brushy Creek Regional Wastewater
System (BCRWWS) facilities to discharge 24.5 million gallons per day (mgd) to Brushy Creek.
Ownership of the BCRWWS is shared between the Cities of Round Rock, Cedar Park, and Austin.
Round Rock owns 17.68 mgd (72.2%) of the total system capacity of 24.5 mgd.
The City of Round Rock seeks authorization to reuse 18.68 mgd (20,928 acre-feet per year) of
treated wastewater effluent from the BCRWWS. Prior to diverting the effluent, Round Rock will
file necessary application(s) with TCEQ to use the bed and banks of Brushy Creek, San Gabriel
River, Little River, and/or the Brazos River to transport the treated effluent once the City has
identified specific places and purposes of use for the effluent. In the interim, the City of Round
Rock will be able to protect the availability of the future discharges for the City's beneficial use.
Strategic Plan Relevance:
Goal 27.0 "Ensure there is an adequate, affordable and safe water supply."
Goal 28.0 "Protect public health and protect the environment through proper waste disposal."
Funding:
Cost: $1,000
Source of funds: 5216-200-40000
Outside Resources (if applicable): HDR Engineering, Inc.
Public Comment (if applicable): None
UPDATED APRIL 2008
10.1909
Request for City Council/City Manager Action
® City Council CO City Manager
Submit completed form for all City Manager and City Council approvals.
rr_
For t i n% Ali gI ONLY
Received:
Tag #:
Original Documents Received: r-,
Department Name: Water and Wastewater Utilities Project Name: te—.chn—ica
-^_:* _,Indirect Reuse Water Rights
Contact Person: Chaz Gordon / Kathy Michna ContractorNendor: Texas Commission on Environmental Quality
Project Mgr/Resource:
Project Coordinator:
Assigned Attorney: Steve Sheets
Michael Thane
City Council or City Manager Approval Date:
Agenda Wording
Funding Source: Utility Fund
Additional funding Source:
Amount:
Account Number: 5216-200-40000
2/5/2010
1,000
Consider application with TCEQ to authorize the recapture and use of 117516 acre-feet per year of treated effluent in the future.
2011250
Finance Information
Is Funding Required? Yes i No [D]
Initial Construction Contract
Q Construction Contract Amendment
Change Urder
Change in Quantity Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Other (Please clearly identify action below)
TCEQ Application Fee
Amount
1,000
FINANCt
wA Approved
Q Finance/CIP Date
aFinance/Acct Date
Ela Purchasing Date
C3 El Budget Date
APPROVALS
(to be completed ONLY by Finance)
Final Finance Approval Required
Approved
1 1
Finance Director Date
Once approvals have been obtained. please forwan, :he RFA, blue sheet backup informatroh ..and originals to City Secretary, Sara White.
ITEMS WILL NOT BE PLACF.A ON THE COUPtCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION.
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature: Date:
Dept. Director Signature:
"City Attorney Signature:
City Manager Signature:
3
Date:
Date: - I
Date:
?-`J-iL
*City Attorney signature is required for aN items.
REVISED 2/2/2010
10 19 09
Request for City Council/City Manager Action
® City Council En City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Water and Wastewater Utilities
Contact Person: Chaz Gordon / Kathy Michna
Project Mgr/Resource:
Project Coordinator:
Assigned Attomey: Steve Sheets
Michael Thane
City Council or City Manager Approval Date:
Agenda Wording
For Administration Use ONLY
Received:
Tag #:
Original Documents Received:
Project Name: Technical Support for Indirect Reuse Water Rights
ContractorNendor: HDR Engineering
Funding Source: Utility Fund
Additional funding Source:
Amount:
Account Number: 5216-200-40000
2/5/2010
1,000
Consider application with the Texas Commission on Environmental Quality to authorize the recapture and use of 1.i{, 46 acre-feet per year of treated effluent in the future.
2011.7-0
Finance Information
0
0
0
CI
Is Funding Required? Yes (] No El
Initial Construction Contract
Construction Contract Amendment
Change Order
nChange in Quantity
Initial Professional Services Agreement
Supplemental Professional Service Agreement
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
u
a
EJUnforeseen Circumstances
Other (Please clearly identify action below)
TCEQ Application Fee
Amount
1,000
FINANCE
NA Approved
CI El Finance/CIP
0 Finance/Acct
ElPurchasing
Budget
E. Wilson
R. Barker
P. Bryan
Date
APPROVALS
(to be completed ONLY by Finance)
Final Finance Approval Required
Date 2/2/2010
Date 2/3/2010
Date 2/2/2010
APProved
19 1
Cheryl Delaney 2/3/2010
Finance Director Date
Once approvals have been obtained. please forward the RFA. blue sheet, back up information and originals to City Secretary, Sara White.
ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION,
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature: Date:
Dept. Director Signature: Date:
'City Attorney Signature: Date:
City Manager Signature: Date:
*City Attorney signature is required for all items.
REVISED 2/3/2010
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: PW/Utilities
Project Mgr/Resource: Michael Thane
Council Action:
ORDINANCE
Agenda Wording
Project Name: NIA
ContractorNendor: Texas Commission on Environmental Quality
1-1 RESOLUTION
City Manager Approval
CMA Wording
2c.5 2S
Consider application with TCEQ to authorize the recapture and use of„1.1151t acre-feet per year of treated effluent in the future.
Attorney Approval
Attorney
Notes/Comments
Date (g/l/ / O
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