Res 2024-238 approving an amendment to a water sharing agreement with the County Line Special Utility District to allow the City of San Marcos to re-acquire some of the water rights at its request and with mutual agreement

Home Browse Search

billing statement showing the quantity of EAA water supplied in 1,000-gallon increments and the payment amounts due based upon the minimum purchased quantity and the applicable billing rate. On or before the 25th day following the date of the billing statement, CLSUD shall pay to SMTXU the amount due for such previous month as stated therein. After that due date, interest shall accrue on all bills at the maximum rate allowed by law. In the event CLSUD fails to pay any charges when due and payable, SMTXU may give written notice of such delinquency to CLSUD. If all bills due and unpaid, including interest thereon, are not paid within 45 days after delivery of such notice,then CLSUD agrees that SMTXU shall be authorized, at its option, to institute suit to collect any amounts due and unpaid,together with interest thereon and reasonable attorneys' fees and fttrther agrees that SMTXU may, at its option, discontinue delivering water covered by this Agreement to CLSUD until all amounts due and unpaid are paid in full with interest thereon as herein specified. F. Collection of Fees. CLSUD agrees to establish, charge, and collect sufficient rates,fees, and charges from its customers to make all payments required under this Agreement. G. Force Majeure. Under no circumstances shall SMTXU be required, for the purpose of meeting the supply obligations under this Agreement,to secure water from sources other than currently available and contracted for by SMTXU. H. Water shared under this agreement will be withdrawn solely at CLSUD's existing EAA Well Nos W 100-860 and/or W 100-861. The maximum total annual amount that may be pumped then under this agreement is 500 acre-feet. CLSUD 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. I. No later than July 10, 2025- March 10, 2027, CLSUD shall provide SMTXU daily meter readings for their EAA well usage for SMTXU's use to determine invoice amounts. These meter readings shall clearly report(1) the volume of Edwards water pumped under the authorization in CLSUD's EAA permits and (2) the volume pumped under the authorization of SMTXU's permit and covered in this agreement. J. SMTXU will work with CLSUD to request and secure all necessary authorizations from EAA to allow the transfer contemplated in this agreement. All application fees for transfers will be paid by CLSUD. K. Title to all water pumped by CLSUD at their EAA well will be in CLSUD's name. L. A maximum of 500 acre-feet per year is available for pumping and use by CLSUD, regardless as to whether CLSUD's wells and infrastructure can produce and transmit this additional quantity of water. M. This agreement is intended be an enforceable agreement to satisfy the requirements of 30 TAC §290.45(f) for CLSUD's water system for the years 2024-2026.