WILLIAM P. CLEMENTS, JR. GOVERNOR Mr. Lee Biggart, Chairman Texas Water Commission 1700 North Congress Avenue Austin, Texas 78711 Dear Lee: OFFICE OF THE GOVERNOR STATE CAPITOL AUSTIN, TEXAS 78711 October 29, 1982 Mayor Austin Dean of the City of Camp Wood has brought to my attention Roaring Springs Ranch's pending permit application to maintain five dams impounding water from Camp Wood Creek and the dams' potential adverse impact on the city's water supply. I am enclosing for your review copies of correspondence from Mayor Dean regarding this matter. It appears that several key legal questions which are relevant to the pending permit application are unresolved at this time. Currently, the City of Camp Wood does not hold a water use permit as the spring flow from which the city has histor- ically derived its water supply has not been determined to be public water subject to appropriation. In this regard, the citw may indeed have riparian rights. The Texas Water Code does not grant appropriative rights for the purpose of groundwater recharge. However, if the city's water supply is determined to be legally public water, and therefore subject to appropriation, the city could claim appropriative rights to Camp Wood Creek. I am concerned that if the pending permit application is acted on prior to the resolution of these issues, it could adversely affect the City of Camp Wood's ability to protect its historical water supply. Prior to taking action on Roaring Springs Ranch's pending permit application, I am suggesting that the Commission establish whether the City of Camp Wood's water supply is legally public water, subject to appropriation, and therefore should apply for and receive a water use permit which would be paramount to the claims of the pending application or applications. Sincerely, Hilary B. Doran Executive Assistant to the Governor jcw cc The Honorable Austin Dean, Mayor City of Camp Wood Mr. Harvey Davis, Executive Director Texas Department of Water Resources
