AGENDA ITEM 1.a. PUBLIC UTILITY BOARD DATE SUBMITTED 04/21/2016 MEETING DATE 04/26/2016

1. Agenda Item: Approval of Minutes for the Regular Meeting held April 12, 2016. 2. Party Making Request: Nyla L. Flatau, TRMC, CMC, Utility Board Secretary 3. Nature of Request: 4. Budgeted:

Bid Amount: Budgeted Amount: Under Budget: Over Budget: Amount Remaining:

5. Reimbursement: 6. Routing:

Carlos Diaz-Limon Jr Created/Initiated - 04/21/2016 7. Staff's Recommendation: 8. City Attorney: Approved - KDP 9. MPU General Manager: Approved - MAV 10. Director of Finance for Utilities: Approved - MDC

STATE OF TEXASCOUNTY OF HIDALGOCITY OF MCALLEN

The McAllen Public Utility Board (MPUB) convened in a Regular Meeting on Tuesday, April 12, 2016, at 4:00 pm in the City Commission Chambers at City Hall with the following present:

Ernest Williams, ChairmanAlbert Cardenas, Vice-ChairmanTony Aguirre, Jr., TrusteeCharles Amos, Trustee

Absent: Veronica Vela-Whitacre, Commissioner/Ex-Officio

Staff: Marco A. Vega, P.E., General ManagerJ.J. Rodriguez, Assistant General ManagerNyla L. Flatau, TRMC/CMC, Utility Board SecretaryCarlos Diaz-Limon, Jr., Asst. to the Utility Board SecretaryMelba Carvajal, Dir. of Finance for UtilitiesCarlos Gonzalez, P.E., Dev./Special Projects Eng.Sergio Espinoza, P.E., Utility Eng.Marco Pedraza, Dir. of Wastewater SystemsJoe Solis, Dir. of Water SystemsRafael Balderas, Assistant to the Utility EngineeringKevin Pagan, City Attorney

CALL TO ORDER:

Chairman Ernest Williams called the meeting to order.

1. MINUTES:

a) Approval of Minutes for the Workshop and Regular Meeting held March 29, 2016.

Tony Aguirre, Jr., Trustee moved to approve Minutes for the Workshop and Regular Meeting held March 29, 2016. Charles Amos, Trustee seconded the motion. The motion carried unanimously by those present.

2. UTILITY LAYOUTS:

a) Discussion and Approval of Concord Plaza Phase 1A Subdivision

Page 1 of 3

Mr. Rafael Balderas presented the Concord Plaza Phase 1A Subdivision application. This property is located on the south side of U.S. Expressway 83 on the east side of McColl Road. Mr. Gonzalez added that the applicant proposed to provide water service by connecting to an existing 16" waterline and sewer service by connecting to an existing 10" sewer-line, both on the west side of the property.

Staff recommended MPUB approval of subdivision application as proposed subject to the following: Dedicated utility easement along the perimeter of the property; installation of proposed public utility infrastructure as proposed and payment of sewer-line reimbursement for the amount of $3,721.08 for the Datepalm-McColl Sewer Project.

Tony Aguirre, Jr., Trustee moved to approve Concord Plaza Phase 1A Subdivision. Charles Amos, Trustee seconded the motion. The motion carried unanimously by those present.

b) Discussion and Approval of Solidaire Subdivision.

Mr. Rafael Balderas presented the Solidaire Subdivision application. This property is located approximately 200 feet north of Pelican Ave. and approximately 500 feet east of 29th Street. Mr. Gonzalez added that applicant is proposing to install a waterline looped system with a proposed 8" waterline along the north and south side of the property and the installation of a proposed 8" sewer-line which will be connected to an existing 8" sewer-line along the south side of the property.

Staff recommended MPUB approval of subdivision as proposed subject to the following: Dedicated utility easement along the perimeter of the property; installation of proposed public utility infrastructure as proposed and payment of a sewer-line reimbursement for the amount of $5,657.11 for the Nolana Diversion Sewer Project.

Albert Cardenas, Vice-Chairman moved to approve Solidaire Subdivision. Charles Amos, Trustee seconded the motion. The motion carried unanimously by those present.

3. EXECUTIVE SESSION, CHAPTER 551, TEXAS GOVERNMENT CODE, SECTION 551.071 CONSULTATION WITH ATTORNEY, SECTION 551.072 LAND TRANSACTION, SECTION 551.074 PERSONNEL MATTERS? SECTION 551.087 ECONOMIC DEVELOPMENT NEGOTIATIONS

a) Consultation with Attorney regarding legal aspects of MPU ’sponsorship’. (T.G.C. 551.071)

No Action Taken.

Page 2 of 3

b) Consultation with Attorney and Possible Action regarding legal issues related to personnel matters. (T.G.C. 551.071)

Mr. Pagan asked the Board to entertain a motion authorizing Board Attorney to attempt to resolve the dispute.

Albert Cardenas, Vice-Chairman moved to approve Attorney's recommendation. Tony Aguirre, Jr., Trustee seconded the motion. The motion carried unanimously by those present.

c) Consultation with Attorney regarding contractual issues related to Northgate Sewer Project (T.G.C. 551.071)

No Action Taken.

d) Consultation with City Attorney Regarding Legal Issues Related to CCN Approval Process. (T.G.C. 551.071)

No Action Taken.

ADJOURNMENT

There being no other business to come before the Board, the meeting was unanimously adjourned at 4:30 pm.

______________________________Ernest Williams, Chairman

Attest: ______________________________ Nyla L. Flatau, TRMC/CMCUtility Board Secretary

Page 3 of 3

AGENDA ITEM 2.a. PUBLIC UTILITY BOARD DATE SUBMITTED 04/20/2016 MEETING DATE 04/26/2016

1. Agenda Item: Discussion and Approval of the Idea Tres Lagos Subdivision. 2. Party Making Request: Carlos Gonzalez, P.E., Utility Engineer 3. Nature of Request: Approval of subdivision as conditions set forth. 4. Budgeted:

Bid Amount: Budgeted Amount: Under Budget: Over Budget: Amount Remaining:

5. Reimbursement: Sewer-Line Reimbursement for participation to the Developer of El Pacifico Sewer Project in the amount of $13,019.90. Sewer-Line Reimbursement for participation to the MPU: El Pacifico Sewer Project Participation in the amount of $3,838.70.

6. Routing:

Carlos Gonzalez Created/Initiated - 04/20/2016 7. Staff's Recommendation: Approval of subdivision as conditions set forth. 8. City Attorney: Approved - KDP 9. MPU General Manager: Approved - MAV 10. Director of Finance for Utilities:

Approved - MDC

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DRAWN BY: J. d' Z. DATE 10-30-2015

SURVEYED, CHECKED DATE

FINAL CHECK DATE

FOUND # 4 REBAR

LEGEND & ABBREVIATIONS

CONSULTANTS ENGINEERS SURVEYORS

MELDEN & HUNT ON-SITE BENCH MARK

NAME

OWNER:

ADDRESS CITY & ZIP PHONE FAX

SURVEYOR:

ENGINEER:

FRED L. KURTH R.P.L.S. 115 W. McINTYRE

115 W. McINTYRE

EDINBURG, TX 78541

EDINBURG, TX 78541

(956) 381-0981

(956) 381-0981

(956) 381-1839

(956) 381-1839

(956) 287-2800

PRINCIPAL CONTACTS

FRED L. KURTH R.P.L.S.

RHODES ENTERPRISES, INC. 200 S. 10TH ST. SUITE 1400 McALLEN, TEXAS 78501

LOCATION MAP SCALE: 1"=2000'

SCALE:

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P.O.B - POINT OF BEGINNING

P.O.C. - POINT OF COMMENCEMENT

H.C.D.R. - HIDALGO COUNTY DEED RECORDS

R.O.W. - RIGHT-OF-WAY

S.W. COR. - SOUTHWEST CORNER

S.F. - SQUARE FEET

AC. - ACRES

U.E. - UTILITY EASEMENT

D.E. - DRAINAGE EASEMENT

CURVE PC AND PT

P.O.C. S.W. COR.

SECTION 232,

TEXAS-MEXICAN RAILWAY

COMPANY SURVEY

N: 16648237.0821

E: 1062220.5096

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FOUND 60D NAIL

SET COTTON PICKER SPINDLE

SET # 4 REBAR

FOUND COTTON PICKER SPINDLE

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STATE OF TEXAS

COUNTY OF HIDALGO

BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED MIKE RHODES, KNOWN TO ME TO BE

THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, AND ACKOWLEDGED TO ME THAT HE

EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATIONS THEREIN GIVEN UNDER MY HAND AND SEAL OF OFFICE,

THIS ______ DAY OF ______________________ , 20______.

_______________________________________

NOTARY PUBLIC IN THE STATE OF TEXAS

MY COMMISSION EXPIRES:

STATE OF TEXAS

COUNTY OF HIDALGO

I, THE UNDERSIGNED, FRED L. KURTH, A REGISTERED PROFESSIONAL ENGINEER AND REGISTERED PUBLIC LAND

SURVEYOR, IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT PROPER ENGINEERING CONSIDERATION HAS BEEN

GIVEN TO THIS PLAT AND IS A TRUE AND ACCURATE REPRESENTATION OF THE SUBDIVISION OF THE LANDS HEREON

DESCRIBED.

FRED L. KURTH, PE # 54151

RPLS # 4750

DATE SURVEYED: XX-XX-XX

SURVEY JOB # XXXXX.XX

DATE PREPARED: 10-30-2015

ENGINEERING JOB # 15138.00

PREPARED BY: J. d' Z.

FILE FOR RECORD IN

HIDALGO COUNTY

ARTURO GUAJARDO JR.

HIDALGO COUNTY CLERK

ON: AT AM/PM

INSTRUMENT NUMBER

OF THE MAP RECORDS OF HIDALGO COUNTY, TEXAS

BY: DEPUTY

STATE OF TEXAS

COUNTY OF HIDALGO

APPROVED BY DRAINAGE DISTRICT:

HIDALGO COUNTY DRAINAGE DISTRICT NO.1 HEREBY CERTIFIES THAT THE DRAINAGE PLANS FOR THIS SUBDIVISION

COMPLY WITH THE MINIMUM STANDARDS OF THE DISTRICT ADOPTED UNDER TEXAS WATER CODE §49.211 (C). THE DISTRICT

HAS NOT REVIEWED AND DOES NOT CERTIFY THAT THE DRAINAGE STRUCTURES DESCRIBED ARE APPROPRIATE FOR THE

SPECIFIC SUBDIVISION BASED ON GENERALLY ACCEPTED ENGINEERING CRITERIA. IT IS THE RESPONSIBILITY OF THE

DEVELOPER AND HIS/HER ENGINEER TO MAKE THEIR DETERMINATIONS.

THE

COU

NTY OF HIDALGO

T E X A S

STATE OF TEXAS

COUNTY OF HIDALGO

I, THE UNDERSIGNED, MAYOR OF THE CITY OF McALLEN, HEREBY CERTIFY THAT THIS SUBDIVISION PLAT CONFORMS TO ALL

REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THIS CITY WHEREIN MY APPROVAL IS REQUIRED.

STATE OF TEXAS

COUNTY OF HIDALGO

I, THE UNDERSIGNED, CHAIRMAN OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF McALLEN HEREBY CERTIFY

THAT THIS SUBDIVISION PLAT CONFORMS TO ALL REQUIREMENTS OF THE SUBDIVISION REGULATIONS OF THIS CITY WHEREIN

MY APPROVAL IS REQUIRED.

______________________________________________________ ____________________________

CHAIRMAN, PLANNING COMMISSION DATE

_______________________________________________________ ____________________________

MAYOR, CITY OF McALLEN DATE

HIDALGO COUNTY DRAINAGE DISTRICT No. 1

______________________________________________________ ____________________________

RAUL E. SESIN, P.E., C.F.M. DATE

GENERAL MANAGER

STATE OF TEXAS

COUNTY OF HIDALGO

THIS PLAT IS HEREBY APPROVED BY THE UNITED IRRIGATION DISTRICT ON THIS THE _______ DAY OF

________________________, 20_______.

NO IMPROVEMENTS OF ANY KIND (INCLUDING WITHOUT LIMITATION, TREES, FENCES AND BUILDINGS) SHALL BE PLACED

UPON UNITED IRRIGATION DISTRICT RIGHTS OF WAY OR EASEMENTS. APPROVAL OF THIS PLAT DOES NOT RELEASE ANY

RIGHTS THAT THE DISTRICT MAY HAVE WHETHER SHOWN OR NOT.

BY:

___________________________________________________ ______________________________________

PRESIDENT SECRETARY

STATE OF TEXAS

COUNTY OF HIDALGO

I, THE UNDERSIGNED, OWNER OF THE LAND SHOWN ON THIS PLAT AND DESIGNATED HEREIN AS IDEA TRES LAGOS

SUBDIVISION , SUBDIVISION TO THE CITY OF McALLEN, TEXAS, AND WHOSE NAME IS SUBSCRIBED HERETO, HEREBY

DEDICATE TO THE USE OF THE PUBLIC ALL STREETS, ALLEYS, PARKS, WATER COURSES, DRAINS, EASEMENTS, WATER

LINES, SANITARY SEWER LINES, STORM SEWERS, FIRE HYDRANTS, PUBLIC PLACES WHICH ARE INSTALLED OR WHICH WE

WILL CAUSE TO BE INSTALLED THEREON SHOWN OR NOT SHOWN AND REQUIRED OTHERWISE TO BE INSTALLED OR

DEDICATED UNDER THE SUBDIVISION APPROVAL PROCESS OF THE CITY OF McALLEN ALL THE SAME FOR THE PURPOSES

THEREIN EXPRESSED, EITHER ON THE PLAT HEREON OR ON THE OFFICIAL MINUTES OF THE APPLICABLE AUTHORITIES OF

THE CITY OF McALLEN.

MIKE RHODES, PRESIDENT DATE:

RHODES ENTERPRISES, INC.

200 S. 10TH STREET, SUITE 1400

McALLEN, TEXAS 78501

PLAT SHEET 1 OF 1

GENERAL NOTES :

1. THIS SUBDIVISION IS LOCATED IN ZONE "X" ON FEMA'S FLOOD INSURANCE RATE MAP. AREAS OF

500-YEAR FLOOD; AREAS OF 100-YEAR FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR

WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM

100-YEAR FLOOD. COMMUNITY PANEL NUMBER 480334 0295 D AND COMMUNITY PANEL NUMBER

480334 0300 D, MAP REVISED: JUNE 06, 2000

2. MINIMUM FINISH FLOOR ELEVATION NOTE:

MINIMUM FINISH FLOOR ELEVATION SHALL BE 18" ABOVE TOP OF CURB ALONG TRES LAGOS

BOULEVARD MEASURED AT THE FRONT-CENTER OF THE LOT.

3. MINIMUM SETBACKS SHALL COMPLY WITH THE CITY OF McALLEN'S ORDINANCE.

4. THE REQUIRED STORM RUNOFF DETENTION FOR THIS SUBDIVISION SHALL BE AS PER MASTER

DRAINAGE REPORT APPROVED ON: XX-XX-XXX ( __________ CUBIC FEET FOR THIS

SUBDIVISION).

5. CITY OF McALLEN BENCHMARK: TOP OF SANITARY SEWER MANHOLE AT THE NORTHEAST

CORNER OF WARE ROAD & RUSSELL ROAD, GEODETIC G.P.S. TEXAS STATE PLANE GRID

COORDINATE SYSTEM, NAD 83 TEXAS SOUTH 4205, ELEVATION PER NAVD 99 (GEOID 2003)

N=16647390.7390, E=1067447.6830, ELEV.=118.73

6. NO BUILDING ALLOWED OVER ANY EASEMENT.

7. SITE PLAN APPROVAL BY THE CITY OF McALLEN IS REQUIRED PRIOR TO BUILDING PERMIT

ISSUANCE, INCLUDED BUT NOT LIMITED TO THE CONSTRUCTION OF PRIMARY STRUCTURES,

PAVED FIRE LANE ACCESS, ADDITIONAL FIRE HYDRANTS, BUFFERING, DRIVEWAY ACCESS

POINTS, ETC.

IDEA TRES LAGOS

MAP OF

BEING RESUBDIVISION OF 20.00 ACRES

OUT OF SECTION 232,

TEXAS-MEXICAN RAILWAY COMPANY SURVEY,

ACCORDING TO THE PATENT RECORDED

IN VOLUME 4, PAGES 142-143,

HIDALGO COUNTY, DEED RECORDS,

CITY OF McALLEN, HIDALGO COUNTY, TEXAS

METES AND BOUNDS DESCRIPTION:

A TRACT OF LAND CONTAINING 20.00 ACRES SITUATED IN HIDALGO COUNTY,

TEXAS, CONSISTING OF 20.00 ACRES BEING A PART OR PORTION OUT OF

SECTION 232, TEXAS-MEXICAN RAILWAY COMPANY SURVEY, ACCORDING TO

THE PATENT ISSUED BY THE STATE OF TEXAS TO W.S. DAUGHERTY

RECORDED IN VOLUME 4, PAGES 142-143, HIDALGO COUNTY DEED RECORDS,

SAID 20.00 ACRES ALSO BEING MORE PARTICULARLY DESCRIBED AS

FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 232, LOCATED

WITHIN THE EXISTING RIGHT-OF-WAY OF 9 MILE LINE ROAD;

THENCE, S 80˚ 30' 26” E ALONG THE SOUTH LINE OF SAID SECTION 232 AND

WITHIN THE EXISTING RIGHT-OF-WAY OF 9 MILE LINE ROAD, A DISTANCE OF

895.93 FEET;

THENCE, N 09˚ 29' 34” E A DISTANCE OF 2011.82 FEET TO THE POINT OF

BEGINNING AND THE SOUTHWEST CORNER OF THIS TRACT;

1. THENCE, N 16˚ 15' 14” E A DISTANCE OF 932.67 FEET TO THE NORTHWEST

CORNER OF THIS TRACT;

2. THENCE, N 77˚ 00' 00” E A DISTANCE OF 581.30 FEET TO THE NORTHEAST

CORNER OF THIS TRACT;

3. THENCE, S 13˚ 00' 00” E A DISTANCE OF 1275.34 FEET TO THE SOUTHEAST

CORNER OF THIS TRACT;

4. THENCE, ALONG A CURVE TO THE LEFT, WITH A CENTRAL ANGLE OF 05°

28' 29", A RADIUS OF 1750.00 FEET AN ARC LENGTH OF 167.22 FEET, A

TANGENT OF 83.67 FEET, AND A CHORD THAT BEARS N 72° 06' 38" W, A

DISTANCE OF 167.16 FEET TO A POINT OF TANGENCY OF THIS TRACT;

5. THENCE, ALONG A CURVE TO THE RIGHT, WITH A CENTRAL ANGLE OF 14°

40' 55", A RADIUS OF 700.00 FEET, AN ARC LENGTH OF 179.37 FEET, A

TANGENT OF 90.18 FEET, AND A CHORD THAT BEARS N 67°30' 25" W, A

DISTANCE OF 178.88 FEET TO A POINT OF TANGENCY OF THIS TRACT;

6. THENCE, ALONG A CURVE TO THE LEFT, WITH A CENTRAL ANGLE OF 50°

38' 22", A RADIUS OF 500.00 FEET, AN ARC LENGTH OF 441.91 FEET, A

TANGENT OF 236.56 FEET, AND A CHORD THAT BEARS N 85°29' 09" W, A

DISTANCE OF 427.67 FEET, TO A POINT OF TANGENCY OF THIS TRACT;

7. THENCE, ALONG A CURVE TO THE RIGHT, WITH A CENTRAL ANGLE OF 37°

26' 40, A RADIUS OF 300.00 FEET, AN ARC LENGTH OF 196.06 FEET, A

TANGENT OF 101.67 FEET, AND A CHORD THAT BEARS S 87°55' 00” W, A

DISTANCE OF 192.59 FEET TO A POINT OF TANGENCY OF THIS TRACT;

8. THENCE, ALONG A CURVE TO THE RIGHT, WITH A CENTRAL ANGLE OF 09°

11' 17, A RADIUS OF 850.00 FEET, AN ARC LENGTH OF 136.31 FEET, A

TANGENT OF 68.30 FEET, AND A CHORD THAT BEARS N 68°46' 01” W, A

DISTANCE OF 136.16 FEET TO A POINT OF TANGENCY OF THIS TRACT;

9. THENCE, ALONG A CURVE TO THE LEFT, WITH A CENTRAL ANGLE OF 01°

26' 12", A RADIUS OF 1950.00 FEET, AN ARC LENGTH OF 48.89 FEET, A

TANGENT OF 24.45 FEET, AND A CHORD THAT BEARS N 64° 53' 28" W, A

DISTANCE OF 48.89 FEET TO THE POINT OF BEGINNING, AND CONTAINING

20.00 ACRES OF LAND, MORE OR LESS.

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FUTURE PORTABLES

PHASE I

COLLEGE PREP

FF 130.00

PLAY AREA

BY OWNER

PHASE I

GYMNASIUM

FF 129.50

BUS LANE

FUTURE JOGGING TRAIL

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AGENDA ITEM 3.a. PUBLIC UTILITY BOARD DATE SUBMITTED 04/07/2016 MEETING DATE 04/26/2016

1. Agenda Item: Presentation by BBS 2. Party Making Request: Marco A. Vega, P.E., General Manager 3. Nature of Request: Item for Information Only. 4. Budgeted:

Bid Amount: Budgeted Amount: Under Budget: Over Budget: Amount Remaining:

5. Reimbursement: 6. Routing:

Carlos Diaz-Limon Jr Created/Initiated - 04/07/2016 7. Staff's Recommendation: Item for Information Only. 8. City Attorney: N/A - KDP 9. MPU General Manager: N/A - MAV 10. Director of Finance for Utilities:

N/A - MDC

February 2016 Via Electronic Mail Marco A Vega, P.E. General Manager McAllen Public Utility 1300 Houston Avenue McAllen, Texas 78501 Re: February 2016 Water Brief

Please allow the following information to serve as a resource regarding some of the water issues trending in Texas. It is not a comprehensive summary. Its purpose is to provide information that may be of interest to water stakeholders in our region at this time. In addition, the information provided is only basic information regarding the subject matter herein. Additional information regarding any of the subject matters discussed below is available upon request. This is a work product of Beatty Bangle Strama PC and is intended for the sole use of the firm’s clients. Before taking any action in reliance on the information included herein, we ask that you personally consult with an attorney from our firm.

Flint Michigan and the Lead Copper Rule

The problem in Flint Michigan originates from lead and copper contamination in their drinking water supply. Aging distribution pipes seem to be the culprit which caused the contamination. Water that sat in distribution pipes for any length of time was contaminated in certain parts of the system with the oldest infrastructure. In 1991, the EPA published its Lead and Copper Rule as part of the Safe Drinking Water Act, which established a maximum contaminant level for lead in drinking water and a treatment technique to reduce corrosion of lead and copper within distribution systems. The rule has been modified several times since its inception, but experts say that it is a weak rule in need of a major overhaul. The EPA has stated that it is currently considering a new rule overhaul and expects changes to be published in 2017. Current problems stem from the testing model used today. Testing typically occurs at the point treated water comes out of the treatment plant before the water is exposed to aging distribution pipes where the lead contamination typically occurs. Therefore, systems using the existing model continuously pass testing standards even though they could have major problems with lead contaminates originating beyond the testing points. Advocates are pushing to change the sampling protocol to overcome shortcomings with current testing and provide a more effective way to identifying lead problems.

Marco Vega February 2016 Page 2

Advocates also argue that the current testing model allows utilities to manipulate testing results. Under the existing Lead and Copper rule, systems are not in compliance if more than 10 percent of the homes in a water system have more than 15 parts per billion of lead which will then require the utility to implement corrosion controls. Some utilities have been accused of targeting specific areas in their system for testing that they know will pass the Lead and Copper Rule standards and avoiding certain problem areas that will produce testing results that will trigger the rule’s requirements. Lastly, the current rule doesn’t not mandate the removal of the lead pipe when testing revels problems with contamination. Advocates are urging for a requirement for full lead service line replacement as part of the rule.

Mexican Water Debt

On March 7, 2016, state officials declared that Mexico had paid off its water debt owed to Texas in accordance with its obligations under the 1944 Water Treaty governing allocation and use of Waters of the Rio Grande River by Mexico and Texas. Mexico failed to deliver its obligated amount of water by the end of the 5-year cycle timeframe dictated by the treaty, resulting in a water debt owed to the US/Texas. At the end of the 2010-2015 cycle, Mexico owed the United States more that 263,000 acre feet of water. However, officials with the United States Section of the International Boundary and Water Commission said Mexico fully repaid the amount of water it owed the United States on January 25, 2016. The U.S. Commissioner for the IBWC stated, “this success exemplifies the cooperation that now exists between the United States and Mexico to address the water needs of both countries.” He went on to say, “Water debts may sometimes be unavoidable, but all water owners along our common border need to have annual notifications of how much water they can expect to receive the next year in order to plan accordingly.” However, there are some stakeholders in the region who have been working on this issue for a long time that still have concerns with the way the payment of the debt was acknowledged. The water delivered by Mexico and credited against the debt carried over from the last cycle did not include the amount of water Mexico needs to deliver to stay in compliance with its current obligations. Instead of first requiring Mexico to meet its current obligations and then crediting the remainder against its debt, officials allowed the accounting to reflect full credit against last cycle’s debt. As a result, we are staring the current cycle, like we have historically, with a delivery shortage. Ultimately, we have not achieved or made progress on the long-term goal of requiring Mexico to treat the United States and Texas as a user and planning for delivery of our water on a regular schedule like they do other users within their county. Water users in the Valley may continue to experience hardships due to water shortages because of the historic unpredictable method Mexico has used to deliver its obligation water to the Rio Grande.

Marco Vega February 2016 Page 3

Texas Supreme Court Limits TCEQ to Act in Times of Drought

The Texas Supreme Court declined to take up a case to review a decision by a lower Court that limited the TCEQ’s ability to curtail senior water right holders water use in order to accommodate junior municipal water right holders who supply fresh water to cities and power generators. The basis of the initial lawsuit originated from an action taken by TCEQ during the most recent drought to limit senior water right holders full use of their water rights for the benefit of junior holders supplying municipal water. Dow Chemical and the Texas Farm Bureau sued the TCEQ for this action declaring that their property rights had been violated. The TCEQ declared that it had the right to do this under its jurisdiction to protect the “public health, safety and welfare”. A Corpus Christi Court of Appeals held, “None of the statutes or the constitutional provision cited by TCEQ give the agency the general authority to suspend water rights after they have been issued.” It further held, “While we recognized TCEQ’s authority to manage and regulate the state’s scarce water resources, such authority must not exceed its express legislative mandate.” The Supreme Court denying to take up this case, has left the lower courts ruling in effect, meaning that cities will likely not be able to rely on the water they currently have permitted and would have to buy more senior water rights or lease water from senior water rights holders during times of drought and water shortage. The Texas Farm Bureau was pleased with the Supreme Court’s decision not to take up the case hence leaving the lower court’s more favorable ruling in effect declaring, “We think it’s a great victory because people will continue to have property rights that would otherwise be taken away from them”. However, officials from the TCEQ expressed concern with this ruling and stated that this would severely impact their ability to protect the health and safety of Texans during times of drought resulting in limited water supply to accommodate basic human water consumption needs.

TWDB Funds Study to Help with Drainage Problems in Colonias

The TWDB recently announced that it will fund a study to create and implement drainage designs to relieve flooding in colonias that results in water contamination problems along the border. 403 colonias will be included in the TWDB study that will assess which colonias are most in need of better drainage; the study almost certainly will also determine which neighborhoods will be first to get state-funded improvements. Recent severe weather has created several examples of major drainage problems in Valley colonias. Understanding the current state of flood management in colonias and identifying the most problem areas is a great first step towards alleviating the problem. The problems caused by poor drainage are not isolated to the colonias themselves and often spill over to surrounding communities causing problems with infectious diseases spread by mosquitos.

Marco Vega February 2016 Page 4

Miscellaneous

The Surface Water Quality Standards Advisory Workgroup will host its next meeting on Thursday, March 31, 2016 at the TCEQ Austin Campus in Building F, Room 2210. Attached, please find the agenda for that meeting. Please use the following link if you would like to read more about the purpose and function of the State Water Quality Standards Advisory Workgroup. https://www.tceq.texas.gov/waterquality/standards/WQ_standards_intro.html http://apps.texastribune.org/reservoirs/ link to an interactive website with the latest information on reservoir levels in Texas. Attached please find the latest reservoir report prepared by the TCEQ Water Master’s office for the Rio Grande River. Included in the report is the latest information regarding Mexican water deliveries. The Texas Water Development Board recently announced the date for their next Water for Texas conference to be held on January 24-26, 2017, at the AT&T Conference Center in Austin, Texas. The conference will feature topics that include; innovative water technologies, groundwater science, 2017 State Water Plan, geographic data services, water data interactive, flood funding initiatives, TWDB’s financial assistance programs, and Texas water policy.

SWQS Advisory Workgroup Agenda Location: TCEQ Headquarters, Building F, Second Floor, Room 2210

Date: March 31, 2016

Time: 1:00pm – 4:00pm

1:00 Welcome and Workgroup Introductions – Debbie Miller

1:15 UAA Updates – Jason Godeaux

1:45 RUAA Updates – Kate Lavelle

2:00 Texas General Land Office Beach Watch Program – Craig Davis

2:30 BEACH Act and the EPA 2012 Recreational Criteria for Coastal Waters– Joe Martin

4:00 Adjourn

Good afternoon, This report is for the week ending 2/27/2016.

The current cycle began on October 25, 2015. As of the date of this report, Mexico has delivered 86,647 AF.*

The pro-rated deficit for the current cycle is 34,175 AF. The previous cycle ended with a debt of 263,250 AF. As of January 25, 2016,

Mexico has delivered water to the United States to pay down the debt. *Data is preliminary and subject to IBWC revision. On February 27, 2016, the U.S. combined ownership at Amistad/Falcon stood at 65.66% of normal conservation capacity, impounding 2,227,020 acre-feet, up from 49.38% (1,674,927 AF) of normal conservation a year ago at this time. The Mexican Reservoirs report shows, as a whole, a total of 68.03% average capacity. All Mexican Reservoirs are below 100% capacity at this time. As of 2/27/16: The United States has 1,370,100 AF in Amistad and 856,920 AF in Falcon. Mexico has 568,308 AF in Amistad and 633,165 AF in Falcon. The Amistad Reservoir is currently at:

1092.25 ft -24.74 with a release of 20.0 cms / 706 cfs Falcon Reservoir is currently at:

284.79 ft -16.40 with a release of 60.0 cms / 2,119 cfs

AGENDA ITEM 4.a. PUBLIC UTILITY BOARD DATE SUBMITTED 04/21/2016 MEETING DATE 04/26/2016

1. Agenda Item: Consultation with Attorney regarding contractual issues related to Northgate Sewer Project (T.G.C. 551.071)

2. Party Making Request: Marco A. Vega, P.E., General Manager 3. Nature of Request: Item for Board Discussion. 4. Budgeted:

Bid Amount: Budgeted Amount: Under Budget: Over Budget: Amount Remaining:

5. Reimbursement: 6. Routing:

Nyla Flatau Created/Initiated - 04/21/2016 7. Staff's Recommendation: Item for Board Discussion. 8. City Attorney: N/A - KDP 9. MPU General Manager: N/A - MAV 10. Director of Finance for Utilities: N/A- MDC

AGENDA ITEM 4.b. PUBLIC UTILITY BOARD DATE SUBMITTED 04/21/2016 MEETING DATE 04/26/2016

1. Agenda Item: Consultation with Attorney Regarding Legal Issues Related to CCN Approval Process. (T.G.C. 551.071)

2. Party Making Request: Marco A. Vega, P.E., General Manager 3. Nature of Request: Item for Board Information and Discussion. 4. Budgeted:

Bid Amount: Budgeted Amount: Under Budget: Over Budget: Amount Remaining:

5. Reimbursement: 6. Routing:

Nyla Flatau Created/Initiated - 04/21/2016 7. Staff's Recommendation: Item for Board Information and Discussion. 8. City Attorney: N/A - KDP 9. MPU General Manager: N/A - MAV 10. Director of Finance for Utilities: N/A - MDC