Title
Approving an interlocal cooperation agreement regarding the creation of "The Highland Lakes Firm Water Customers Cooperative" and authorizing the City Manager to execute same.
Summary
After participating in the Lower Colorado River Authority (LCRA) emergency order decision in November of 2012 that authorized a less stringent requirement for the release of water downstream for agricultural use with Lakes Travis and Buchanan approaching record low levels and no rain in sight, the firm water users began discussing the possibility of forming a group that could have standing in future LCRA deliberations and also work cooperatively on water issues pertaining to LCRA. The City Council passed a resolution in January of 2013 supporting this effort. The interlocal cooperation agreement is the foundation for the group moving forward. It is the result of many hours of meetings with the steering committee and their various legal counsels. The City of Pflugerville is a member of the steering committee along with the cities of Burnet, Cedar Park, Leander, the Lakeway Municipal Utility District, the Travis County Water Control & Improvement District No. 17, and the West Travis County Public Utility Agency. Any firm water user can be a member of the cooperative, and we are actively encouraging them to join.
The members of the steering committee have already met with Ms. Becky Motal, the general manager of LCRA, and established a schedule of quarterly meetings. The initial meeting included a discussion of the impact of the November 2012 decision and we were able to voice our concerns about it. It is possible that this participation had an effect on the revised emergency order made by LCRA earlier in 2013 that increased the protection of the firm water users' water supply. There are a number of issues that could impact the firm water users such as downstream reservoirs and other LCRA strategies to increase and stabilize the water supply to the LCRA region. The cooperative will be monitoring and evaluating LCRA discussions.
The cooperative interviewed legal firms as we realize that legal assistance may be necessary in the future for assistance with preparation for Texas Commission of Environmental Quality (TCEQ) hearings and other formal actions. The cooperative has retained Ms. Patricia Carls with the firm of Carls, McDonald and Dalrymple, LLP. The cooperative has also worked on a proposed budget which is reflected in the membership fee table.
Mr. George Hyde, City Attorney, has reviewed the interlocal agreement.
Prior City Council Action
The CIty Council approved a resolution on January 8, 2013 supporting the City of Pflugerville's participation in this effort.
Deadline for City Council Action
There is no deadline for action on this item. The cities of Cedar Park and Burnet, and WCID #17 have approved the agreement.
Fiscal Impact
Table 1 included in the agreement specifies tiers of membership within the cooperative based upon the amount of firm water reserved through the LCRA. The City of Pflugerville has a contract for 12,000 acre feet per year which establishes it as a Level IV member, with an annual membership fee of $4,000.
Staff Recommendation
Approve the interlocal cooperation agreement.
Drafter
Lauri Gillam
Assistant City Manager