GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.
-
Upload
carmella-turner -
Category
Documents
-
view
214 -
download
0
Transcript of GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.
![Page 1: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/1.jpg)
GRP Stakeholder Meeti ngJanuary 14, 2010
![Page 2: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/2.jpg)
SJRA created in 1937.
![Page 3: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/3.jpg)
The SJRA has been in business developing water supplies for 73 years.
![Page 4: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/4.jpg)
Purpose – to study and manage the aquifer via regulation of pumping
![Page 5: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/5.jpg)
• 64,000 afpy pumpage goal• Groundwater reduction to no more
than 70% of 2009 permitted amountby January 1, 2016
• Applicable to all permittees > 10 mgy (LVGUs)
• Applies countywide• LVGUs must submit a Declaration of Intent (DOI) and a groundwater reduction plan (GRP) • DOI – June 1, 2010• GRP – January 1, 2011
• Joint WRAP & Group Compliance Allowed
Lone Star GCD Requirements
![Page 6: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/6.jpg)
![Page 7: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/7.jpg)
The SJRA’s proposed soluti on wil l :
Create a compliance solution for ALL Montgomery County LVGUs
Eliminate depletion of groundwater supplies and stabilize groundwater levels
Achieve compliance at the lowest possible cost in a manner that treats all LVGUs fairly and equitably
![Page 8: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/8.jpg)
The SJRA’s proposed soluti on wil l :
Allow most LVGUs to remain on their current groundwater supplies and postpone conversion but still be in compliance with LSGCD rules
Overconvert a few large users, such as densely-populated areas along the I-45 corridor, to quickly bring all of Montgomery County into compliance
Take advantage of proximity of Lake Conroe and experiences of neighboring counties
![Page 9: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/9.jpg)
The SJRA’s proposed soluti on wil l :
Accomplish all of the above by a contractual commitment between the SJRA and each LVGU that chooses to join.
![Page 10: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/10.jpg)
(“GRP CONTRACT”)
Contract for Groundwater Reduction Planning, Alternative Water Supply, and Related Goods and Services
![Page 11: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/11.jpg)
The purpose of the GRP Contract is to authorize the Authority to include contracting LVGUs in a joint Groundwater Reduction Plan (“GRP”) that will be developed, implemented, and administered by the Authority, so that all Participants achieve and maintain compliance with Lone Star’s regulations
![Page 12: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/12.jpg)
ARTICLE I
Definitions; Interpretations; Consideration
![Page 13: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/13.jpg)
Most definitions in the GRP Contract will be used in the context of this presentation “GRP Administrator” designee of the
Authority responsible for oversight of GRP program
“Conservation District” = Lone Star “Regulated Users” = LVGUs “Participants” = LVGUs that execute GRP
Contract “Project” = the Authority’s proposed surface
water treatment and delivery project “Water” = water supplied by the Project
![Page 14: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/14.jpg)
ARTICLE II
Groundwater Reduction Plan; Review Committee
![Page 15: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/15.jpg)
GRP Development
The Authority will develop, implement and administer a joint GRP covering all Participants, in order to achieve and maintain compliance with Lone Star’s rules The Project is the focus of the GRP
Participants will have an opportunity to comment on the GRP during the initial preparation stage, and during any amendments
![Page 16: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/16.jpg)
Review Committee
An eight-member Review Committee will be constituted to represent various water users subject to Lone Star’s rules
The GRP Contract contemplates that the Review Committee will work extensively with the GRP Administrator regarding almost all aspects of the GRP and the Project
Review Committee activities will be subject to Open Meetings Act and Open Records Act
![Page 17: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/17.jpg)
ARTICLE III
Permits; Water Demands; Co-Permitting; Conversion Credits; Water Conservation and Drought Contingency Planning
![Page 18: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/18.jpg)
Information from Participants Existing Lone Star permit information Copies of contracts that allow
groundwater to be imported to a Participant’s water distribution system
Historical water usage and future demand information
The Authority will be able to assist, provide forms, etc., to assemble the exhibits to the GRP Contract
![Page 19: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/19.jpg)
Co-Permitting; Conversion Credits; Water Conservation and Drought Contingency Planning
Well Co-Permitting – Co-permitting of groundwater wells may be necessary in the future
Conversion Credits – If a Participant earns conversion credits from Lone Star as a result of receiving Water from the Project, those credits will be transferred to the Authority for the benefit of all Participants
Water Conservation & Drought Contingency Planning
![Page 20: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/20.jpg)
ARTICLE IV
The Project; Connection to the Project; On-Site Facilities; Quantity and Quality of Water
![Page 21: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/21.jpg)
The Project
The Authority will design, permit, finance, construct, operate and maintain the Project
The Project will be designed and constructed in phases, based on idea that certain Participants will be over-converted to treated surface water Minimize overall Project cost
![Page 22: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/22.jpg)
Connecting to the Project
Voluntary Connection – On terms and conditions agreed to by Participant and Authority in separate agreement
Mandatory Connection – Certain Participants will be required by the Authority to connect to the Project by a certain date, at a certain point (“Point of Delivery”), and to take a minimum amount of water on a steady basis (“Contract Quantity”)
![Page 23: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/23.jpg)
The Authority warrants that Water delivered by the Project will at least meet the Contract Quantity in terms of volume, and will meet applicable drinking water requirements in terms of quality No reduction of Contract Quantity without
Participant’s consent To the extent a Participant’s demands
exceed Contract Quantity, the Participant must use Wells or other sources of supply
![Page 24: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/24.jpg)
On-Site Facilities Participants that will receive surface water from
the Project must install the following facilities (“On-Site Facilities”): Groundwater metering equipment Monitoring equipment on Participant’s ground storage
tank(s), wells, booster pumps, and other designated facilities
Air gap between surface water line and ground storage tank(s)
Additional ground storage (if necessary to accommodate steady delivery of Contract Quantity)
Flow restriction equipment Chloramine disinfection equipment Power facilities for any on-site Authority facilities
![Page 25: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/25.jpg)
GRP Administrator will set milestones relative to design, permitting, funding, construction, completion, inspection and approval of On-Site Facilities
The Authority will reimburse Participant for the reasonable cost of constructing On-Site Facilities, including reasonable engineering and legal costs
The Authority warrants that Water delivered by the Project will at least meet the Contract Quantity in terms of volume, and will meet applicable drinking water requirements in terms of quality
To the extent a Participant’s demands exceed Contract Quantity, the Participant must use Wells or other sources of supply
![Page 26: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/26.jpg)
Re-Use Restrictions
Groundwater based effluent may be reused by a Participant without restriction.
Water delivered from the Project may be directly re-used by a Participant.
Water delivered from the Project may not be indirectly re-used by Participant unless agreed to in writing between the Parties The Authority may sponsor re-use programs if they are cost-effective and beneficial to all Participants in implementing the GRP
![Page 27: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/27.jpg)
ARTICLE VMetering
![Page 28: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/28.jpg)
Participant’s use of groundwater to be measured by meters installed by Participant and approved by the Authority (“Participant Meters”)
Water supplied by the Authority to the Participants will be measured by the Authority’s meters (“Authority Meters”)
Yearly testing of meters; meter accuracy to be maintained between 97% and 102%
Participant may install meters to check Authority Meters.
Third-party testing of meters may be requested by Participant or Authority
Water usage adjustments provisions
![Page 29: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/29.jpg)
ARTICLE VIFees, Rates, and Charges
![Page 30: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/30.jpg)
If a Participant does not timely execute a GRP Contract, the Participant will pay a “catch-up fee”
All Participants will pay a “pumpage fee” for groundwater pumped from wells or imported from a non-Participant, on a monthly basis Exceptions for paying pumpage fee on imported
water as a result of an emergency Participants that receive Water from the
Project will also pay the prevailing rate for same, on a monthly basis
The Authority may adopt other charges as necessary to implement the GRP program
![Page 31: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/31.jpg)
The fees, rates, and charges will be adopted by the Authority under a Rate Order, and such rates shall be at all times the lowest which are: consistent with good management practices
by the Authority; necessary and proper; consistent with the Authority's statutory and
constitutional duties and responsibilities; and just, reasonable, and nondiscriminatory
![Page 32: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/32.jpg)
Payments
Participants will self-report groundwater usage and pay corresponding pumpage fees to the Authority on a monthly basis
If a Participant receives water from the Project, the Authority will invoice the Participant for same on a monthly basis
The Rate Order may specify discounts provided for early payment, penalties for late payment, and interest on past due amounts, subject to applicable legal limitations
![Page 33: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/33.jpg)
ARTICLE VII
Gifts, Grants, and Special Projects
![Page 34: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/34.jpg)
The Authority reserves the right to accept gifts and grants for the benefit of some or all of the Participants
If requested, the Authority may undertake a special project for the benefit of certain Participants and charge those Participants a special assessment to fund such a special project
![Page 35: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/35.jpg)
ARTICLE VIIIFunding
![Page 36: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/36.jpg)
The Authority will issue bonds to finance the Project After payment of operations, maintenance
and administrative expenses, the pumpage fees and surface water fees received from Participants will pay the debt service on the Authority’s bonds
The Authority may require Participants to provide certain documentation to the Authority in connection with the issuance of the Authority’s bonds
![Page 37: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/37.jpg)
ARTICLE IXSpecial Covenants
![Page 38: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/38.jpg)
In its role as a water supplier: The Authority will not over-commit to sell water
from the Project The Authority will not use the project to deliver
water outside of Montgomery County (except for a Participant whose service area extends outside of Montgomery County)
Continue to look for alternative water supplies Sell excess surface water and credit the
Participants their reservation fees from any sale proceeds
In its role as a Participant, the Authority will pay the same fees, rates and charges as the other Participants
![Page 39: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/39.jpg)
In its role as the GRP Administrator The Authority will establish a separate
operating division to undertake the GRP program This operating division will keep separate
books and records, to be annually audited The separate operating division will be
operated on a closed-loop, non-profit basis The Authority will keep the Project insured
and in operating order The Authority will not sell the Project or any
component of the Project, unless deemed surplus
![Page 40: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/40.jpg)
Amendments to Contract Legislative Action
Substitution of legislative pumpage fee for contractual pumpage fee, but otherwise status quo maintained
Termination before May 15 If Participant is a municipality, an
interest and sinking fund must be created by resolution This addresses issues related to the
enforceability of the GRP Contract under Article XI, Section 7, of the Texas Constitution
![Page 41: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/41.jpg)
REMAINING ARTICLES
![Page 42: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/42.jpg)
Force Majeure exceptions to performance under the GRP Contract (Art. X) Non-payment of money is not force majeure Force majeure includes limitations on the Authority’s
ability to deliver water from the Project due to water rationing or repairs and maintenance.
Remedies include appeals of decisions of the GRP Administrator to the Authority's Board of Directors, non-binding mediation, and civil litigation (Art. XI) Termination of the GRP Contract is not an available
remedy Injunctive relief available for defaults related to
performance under the GRP Contract Waiver of Governmental Immunity (Art. XI)
Participants can sue the Authority and vice versa
![Page 43: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/43.jpg)
Contract Term through the later of December 31, 2045, or until all Authority bonds have been retired (Art. XII) No original jurisdiction for municipalities to
review fees, rates, and charges Provision for continuation of water service if
a Participant has connected to the Project The Authority and the Participant are
the exclusive beneficiaries of the GRP Contract.
![Page 44: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/44.jpg)
Timeline for Participants Return completed, executed GRP Contract to the
Authority by May 1, 2010, so the Authority may prepare the NOI due to Lone Star on June 1, 2010 “Effective Date” will be June 1, 2010
Participants may terminate the GRP Contract up through May 15, 2010
From June 1 to August 1, Participant’s Well Meters need to be calibrated, inspected and approved by the Authority
As of August 1, 2010, Participants begin to self-report Well pumpage and make pumpage fee payments to the Authority August 1, 2010 is the “Payment Commencement Date”
for existing Regulated Users
![Page 45: GRP Stakeholder Meeting January 14, 2010. SJRA created in 1937.](https://reader036.fdocuments.in/reader036/viewer/2022062516/56649e255503460f94b14c34/html5/thumbnails/45.jpg)
Questi ons and Answers