August 2013

August 2013

Possum Kingdom Lake Association
Directors Meeting
August 3, 2013


I. Call Meeting to Order 9:30am in Graham at Bryan Insurance Office conference room. Directors present Jim Lattimore, Jim Crenshaw, Mikl Fuqua, Monte Land, John Connally, Jay Turner,and Mert Fewell. Others in attendance were Ken Monroe, Hank Lattimore & Paul Pulliam. Scott Wheatley and Russell Madden did not attend. President Jim Lattimore called the meeting to order.

II. Membership and Financial Information

Directors reviewed membership numbers. Renewal of membership was discussed. Renewal reminders will be sent out in August. Financial information was available.

III. Discussion on forming Advisory Board for new Directors- Jim Lattimore
Four individuals came forward stating interest in becoming a PKLA director. Jim expressed interested in forming an advisory board with these individuals. This would give those interested exposure to board discussions and allow them opportunity to be involved. Connally suggested that bringing two at a time onto the advisory board would allow for senior status. Advisory board members would not be allowed to vote on issues but included in discussions. The Board was encouraged to have representative from all areas of the lake. Lattimore will contact prospective board members. Motion made by Land. Second by Turner. Motion to form advisory board passed.

IV. Report BRA Directors Meeting- Carolyn Land
The following agenda items were discussed at the BRA Board meeting in Waco on July 29, 2013.

7. Executive Session

  • BRA discussed their TCEQ application with their lawyer during executive session.
  • BRA passed a resolution that gave Phil Ford, CEO, authority to do whatever was required
    to resolve the problems with the newly installed conduit. BRA remains hopeful that problems
    can be remedied by October. BRA Board is scheduled to meet again in October.
  • Budget amendment for PK Baffles and Pier 8- Amending the budget allows BRA staff ability to continue to work on projects while work on the conduit continues. Mike McClendon explained the amendment would allow for work on 2014 projects, since BRA staff cannot work in the area where the conduit is located.
  • Survey Services required for sale of land in SB 918-
    BRA directors directed staff to set up an RFB for survey services on the land to be sold in SB918.
  • West Central Brazos Water Distribution System- (Kerr McGee pipeline) Two SUD’s (Stephens County & Fort Phantom) are coming on line and will be using the pipeline to secure water from PK. Transportation of this water will run through the old Kerr McGee pipeline. A water rate resolution was passed to set their rates.
  • Legislative Update- Matt Phillips reported on the following bills
    HB 4 creates State Water Plan to prioritize water projects,
    HB 1025 appropriates $2 billion from Rainy Day Fund to fund HB 4 and SJR 1 creates and constitutionally dedicates new State Water Plan and authorizes funds which require voter approval in November.
    HB 2362 allows the legislative Budget Board to review the effectiveness and efficiency of the policies, management, fiscal affairs, and operations of river authorities. LCRA and BRA will be the first to be reviewed.
    Although legislation for creation of a Water Master failed, there was a petition for a Water Master filed in January with TCEQ that is currently moving through the process. The next hearing on this petition will be September 23, 2013.

V. FERC & Conduit -FERC decommissioning requires the installation of the conduit. Although the conduit has been installed, BRA directors are not satisfied with operation. BRA directors gave Phil Ford, CEO, and authority to do whatever necessary to complete and satisfy operation of the conduit. Once the conduit is satisfactory complete FERC will be allowed to inspect the dam.

VI. TCEQ/BRA Application PKLA President Jim Lattimore and John Connally met with Rep. Keffer to discuss TCEQ application. The formation of a Water Master position seems to be necessary to regulate all water rights. Other river authorities have Water Masters. Directors were encouraged to review other river authorities Water Masters job requirements.

  1. Report Public Comment Meeting July 25, 2013- Mert Fewell represented PKLA and submitted PKLA comments regarding the application. The Public comment meeting was divided into parts, 1. Question & Answer session 2. Reading formal comments into the record session. The next scheduled meeting will be August 26, 2013 in Austin. This meeting will be a hearing so the judges can decide if there are additional parties that should be allowed to have standing in the court preceding that will follow in January 2014. Parties interested in obtaining standing must prove they will be affected by the application under the condition TCEQ is required to take into consideration. The next official meeting/hearing is scheduled for August 26, 2013, at 300 West 15th Suite 502 in Austin.
  2. Update Brazos River Alliance-Jim Lattimore Brazos River Alliance is in process of hiring a lawyer. Ken Hackett was elected President of Alliance. PKLA agreed to discuss only opposition to TCEQ /BRA application with the Alliance. PKLA will support their goals on opposing BRA’s Application. Jim Lattimore was asked to seek a legal opinion how to proceed.
  3. Report Jordan on new models-Mert Fewell– Jordan Furnanas, PH. D. has continued to work on analyzing PK Lake levels using BRA modeling numbers. Basically, BRA’s model was not run with data from 1940-2004. In 2004 BRA submitted TCEQ application. PKLA directors agreed that if BRA would agree “Once PK goes below 3-4 ft we will not take any more water out of PK to fulfill water contracts”, that could be an agreeable point in the water management plan. Water could still be removed from middle basin. It was reported that a reservoir built downstream could help PK lake levels.
  4. Discussion on PKLA efforts and timelines for application- PKLA believes this application does not need to be approved because there is no Water Master to control water rights. If application is approved BRA would control all the remaining water rights in the basin. Reports from Jordan indicate there is not enough water available and lake levels would be drastically affected if the application is approved. Directors agreed that membership efforts were needed to help with political efforts. Talking points will be written and made available to membership. PKLA membership efforts were valuable in passing HB 3031. A PKLA membership meeting will be scheduled for October 2013. Dates will be arranged with the PK Chamber and Jordan. Copies of the reports from Jordan will be printed.

Summary Jordan will be asked to include a line on charts to show conduit elevation. Reduce report to talking points. Legislative needs data in simple points. Work on one page communication talking points. PKLA’s focus with membership will be on January/ February meeting. Contact list needs to be reestablished.

VII. Adjourn- The meeting adjourned at noon.