Res 2024-237 approving an amendment to a water sharing agreement with the City of Kyle to allow the City of San Marcos to re-acquire some of the water rights at its request and with mutual agreement

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RESOLUTION NO. 1548 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KYLE, TEXAS APPROVING AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF SAN MARCOS AND THE CITY OF KYLE FOR A WATER SHARING ARRANGEMENT; FINDING THAT THE MEETING IS OPEN TO THE PUBLIC AND NOTICED PROPERTY; AND DECLARING AN EFFECTIVE DATE WHEREAS, the City of Kyle receives water from three different sources, Edwards Aquifer Authority (EAA), Barton Springs Edwards Aquifer Conservation District and Guadalupe-Blanco River Authority and all have implemented various stages of conservation, which decreases the amount of the City's water supply available to the City under current permits; and WHEREAS, Central Texas is experiencing a historic drought, extreme temperatures, and according to the NOAA precipitation data, Kyle has received below average rainfall, and Central Texas drought intensity is currently rated as extreme. WHEREAS, due to the historic drought and limited water supplies, the City of Kyle anticipates the need for additional water during the EAA permit period for the years 2024-2026. This will prevent Kyle from exceeding permitted capacity. WHEREAS, the City of San Marcos and the City of Kyle each possess permits for water supply with the EAA; and WHEREAS,the City of San Marcos has supplies above and beyond their current needs within the EAA permit and the city is willing to commit and make available water to Kyle from their existing water portfolio of EAA-permitted water supply during the years 2024-2026. WHEREAS, the City of Kyle has the authority and wishes to enter into the Interlocal Agreement for water sharing with the City of San Marcos. NOW,THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KYLE, TEXAS,THAT: Section 1 Interlocal Agreement Approval. The Interlocal Agreement by and between the City of San Marcos and the City of Kyle for Water Sharing is approved. A copy of the Interlocal Agreement is attached to this resolution. Section 2. Open Meetings. It is hereby officially found and determined that the meeting at which this resolution is passed is open to the public and that public notice of the time,place, and purpose of said meeting was given as required by law. Section 3.Effective Date. This resolution will become effective immediately upon its passage by the Kyle City Council.