Res 2022-277R/approving an agreement providing for the City to sell Edwards Aquifer Water on a temporary basis to the City of Kyle; authorizing the City Manager, or her designee

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Interlocal Agreement for a Water Sharing Arrangement This agreement documents the mutual understanding between and among the City of San Marcos (San Marcos) and the City of Kyle (Kyle), collectively, the "Parties", under which San Marcos commits and makes available to Kyle Edwards Aquifer water from the San Marcos permitted allowance. This water sharing arrangement is temporary and will occur utilizing Kyle's existing facilities and wells. Background The Edwards Aquifer Authority (EAA) regulates withdrawals of groundwater from the Edwards Aquifer in Hays and several other area counties. San Marcos holds permit number P100- 828 (HA00222)from the EAA and Kyle possesses permit number P 100-217 ((1 A00216). Due to a historical drought that Central Texas is currently facing, Kyle anticipates the need for additional water during the EAA permit period ending December 31, 2022. Securing additional water will keep Kyle within its EAA permitted capacity for the January 1 to December 31, 2022 period. San Marcos has supplies sufficient to meet its current needs,share some of that supply with Kyle, and still remain within its own EAA permitted capacity. San Marcos is willing to commit and make water available to Kyle from the water supply capacity authorized in EAA permit number P 100-828. Authority San Marcos and Kyle enter into this Agreement under authority of the Interlocal Cooperation Act, Chapter 791 Texas Government Code. Terms and Conditions In consideration of the mutual covenants contained in this agreement, the parties agree as follows: A. San Marcos agrees to share with Kyle up to 125 acre-feet of water from the allotted water capacity authorized in EAA permit number P100-828 (HA00222). 1. Kyle may withdraw water shared under this agreement solely at Kyle's existing EAA Well Nos. W100-896, W100-897, W 100-898 & W105-960. 2. Kyle will operate and meter its groundwater withdrawals throughout the term of this agreement to ensure that the limit on the total annual water amount pumped then utilized is not exceeded. B. Kyle agrees to pay San Marcos rate amounts set under a prior Water Sharing Program with County Line Special Utility District.Accordingly, Kyle shall pay to San Marcos the following fixed and volume rate: 1. A monthly rate for fixed expenses of$7,745.00 for the months of October, November, and December 2022; and