Possum Kingdom Lake Association Newsletter November 2010

P. O. Box 492 Graford, Texas 76449 - www.pklakeassn.org

BRA and Patterson Close

Patterson PK Land Partnership, LTD (PPKLP) and the Brazos River Authority (BRA) closed the bulk sale of the residential and commercial properties available for sale, pursuant to the Request for Bid and House Bill 3031 on Friday, October 22, 2010
.It is time as leaseholders for you to make decisions about your lake property.

Decisions! Decisions!

Patterson PK Land Partnership has mailed via USPS information to each lessee specific to your lot.

Please note that October 22, 2010 starts a countdown to very important dates:

The deadline for ALL contemporaneous closings is December 15, 2010. In order to receive the contemporaneous closing pricing, you must be closed & funded by December 15, 2010!
1 year from October 22, 2010, is the deadline, October 22, 2011, to purchase at the 90% of 2008 land only assessed value per your County Tax Assessor. After October 22, 2011 any purchase option will be at 100% of the then assessed value, but not less than the 2008 assessed value.
1 year from October 22, 2010 is the deadline to sign a new 99 year lease with annual payments equal to 6% of the 2008 land only assessed value per your County Tax Assessor. After that no new leases will be signed!
8 years from October 22, 2010, is the deadline to buy your lot.
Staying in contact with Patterson PK Land Partnership about your decisions is necessary.
 Phone 817.784.2065 or e-mail www.pklandpartnership.com

BRA moves forward with Decommissioning

November 8, 2010, the BRA Board voted to proceed with decommissioning of Morris Shepard Dam.  A series of presentations to the board outlined the cost to rehab vs. decommissioning cost.  Staff reported that the process should take at least 2 years. Disabling the generators and modifying the dam so that downstream water flow requirements are met will be necessary.   On November 9, 2010 BRA notified FERC of their intents to surrender their Project License 1490 and decommission. The next two years will be important to all PK property owners as BRA works through the decommissioning process.  Monitoring this process for potential continued obligations on landowners and BRA will ensure an effective transition.  Possum Kingdom Lake Association pledges support and involvement of this effort. 

TCEQ’s Decision “More Water for BRA”

What BRA wants: The Brazos River Authority is requesting a permit from the state to increase its existing water right of 750,000 acre feet to over 1,200,000 acre feet.  This additional 300,000 acre feet of water is the equivalent of two or three times the amount of water stored in Lake Granbury.  BRA also wants the flexibility to take the water from any part of the Brazos River.  Part of BRA’s justification for the additional water is the proposed Comanche Peak Nuclear Expansion.

Decision: The Texas Commission of Environmental Quality issues permits for the water.  This state agency has begun a hearing process to evaluate BRA’s evidence on 1) whether there is this much additional water available 2) if BRA takes the additional water (300,000 acre feet), would there be adverse impact on fish, recreational uses, property values and other water rights The TCEQ is conducting hearing and will ultimately make a decision.  Your state representative and senator will be interested in knowing your thoughts about how this additional water request could affect your PK property and recreational use of the lake.

BRA Board Meeting October 25, 2010

Shoreline control strip  This 25’ strip, called the buffer, is still under FERC control.  With ownership of the land, this strip will still be subject to the same rules that are outlined in the Shoreline Management manual.  A resolution passed that would provide a mini-lease for this area at no fee.  Transfer of this mini lease is subject to a $300 transfer fee.

Encroachment below 1000’ Contour  Encroachments below the 1000’ contour are considered to be in the lake bed.  Residential lake-bed encroachments will be allowed to stay.  All other encroachments inside the 1000’ must be removed.  Porches and decks that are attached to the residential structure will be allowed.  Maintenance and repairs will be allowed but no new construction will be allowed.  Leaseholders will pay an annual encroachment fee of $0.10/sq.ft. with a minimum of $50.

Encroachment on BRA retained land  Encroachments on BRA retained land that are of a permanent nature, house, garage, deck, will be allowed to stay.  Completion of a BRA form and payment of a $0.10 per sq. ft. for the encroachment will be collected annually with a minimum of $50.

Post Divestiture fees  BRA projects $150,000 in future fee collection from residential and commercial leases that were part of the Patterson sale. PK leaseholders did not pay or had discounts. Fees will be consistent with other BRA lakes.

 Transfer fees of lease                                  $300
 Residential Water Use Permit                    $50On Water
 Facility (docks)                                            $0.10/sq. ft. ($50 minimum)
 Water Recreational Use tag                       Pay unless possess on-water facility
 Convenience station discount                    Discontinued

 Waste Management Collection  This report was to notify the board that Patterson would be in charge of trash collection in the future. The current dumpster locations will be closed.  Staff is currently looking into the future status of the convenience stations.
New Power Lines on Eastside  Brazos Electric is replacing the power lines along Hwy 254/16 that have been in place since the 40’s with new lines that can transmit more electricity.  With increase in population in this area, new lines were needed to avoid power outage.
Brazos Electric vs.  BRA A writ to the Texas Supreme Court has been filed by Brazos Electric. The Appeals court in McClennan County upheld BRA’s stand that they are immune from the Brazos Electric lawsuit. The Texas Supreme Court can decide to deny or accept this case.
Tax Case Lawsuit  The Eastland 11^th Court of Appeals issued their decision supporting Palo Pinto County Judge Ray’s decision that upheld the tax methodology that the county is currently using.
Cedar Ridge Reservoir Update  Texas Parks and Wildlife has done a study on the impact to the Brazos downstream. A link to this report can be found on the Association web-site (www.pklakeassn.org).