Vista Ridge 1st P-CS 880408AN' ORDER approving
T[XAI W ATEI COMMISSION
APR 8 1988 .
CITY MANAGER
an Engineering Report as the Plan
of Reclamation and Approving Preliminary Plans
for a Reclamation Project of Denton County
Levee Improvement District No. 1 (RE-0239)
On the 23rd day of October, 1985, the Texas Water Co~is-
sion considered the application of Denton County Levee Im-
provement District No. 1 for approval of an.engineering report
as its Plan of Reclamation and for approval of preliminary
plans for a reclamation project on and adjacent to Denton
Creek in Denton and Dallas Counties, Texas.
A public hearing was held on August 28, 1985, before a
Commission Hearings Examiner. Parties designated at the
hearing were= Denton County Levee Improvement District No. 1
(District), as applicant; the Executive Director and Public
Interest Advocate of the Texas Department of Water Resources;
the City of Coppe11~ Univest Development Company~ and
Ms. Elsie Edwards, Ms. Nettie Long, Mr. Orlan Parish, and
Mr. Leonard Wiley, as protestants.
After considering the ExaminerSs Proposal for Decision
and pleadings and evidence submitted relative to this matter,
the Commission makes the following Findings of Fact and
Conclusions of Law=
FINDINGS OF FACT
1. The applicant has submitted to the Texas Water
Commission through its predecessor agency, the Texas Depart-
ment of Water Resources, both an April, 1985 engineering
report prepared by Dannenbaum Engineering Corporation to be
approved as the D~strictSs Plan of Reclamation, and prelimi-
nary plans for a project to provide for reclamation of approx-
imately 560 acres within the District on and adjacent to
Denton Creek in Denton and Dallas Counties, Texas.
2. Notice of the application and hearing was published
in the Dallas Morning News once a week for two consecutive
weeks, on July 30 and August 7, 1985, with the
publication being at least 20 days prior to the hearing. The
Dallas Morning News is a newspaper of general circulation in
Denton and Dallas Counties, Texas, the counties wherein the
construction is located and in which the project would have
potential impact.
3. Notice was sent by first-class mail on July 29,
1985, to known property owners within the area to be affected
by the project, and to concerned federal, state and local
officials. Notice was sent by first-class mail on July 30,
1985 to remaining known interested parties.
4. The proposed project is located within the bound-
aries of the 938.337-acre District, which is located within
the corporate limits of and approximately four miles from
downtown Lewisville, Texas. The District is bounded on the
south by Denton Creek, on the west by Denton Tap Road, and on
the northeast by Interstate Highway 35E. The north and east
boundaries follow existing property lines.
5... The proposed project includes construction of a
flood control channel along Denton Creek from near Denton Tap
Road to the eastern end of the project~ a levee about 9,000
feet long consisting of about 170,000 cubic yards of dirt and
varying in height from five to eleven feet~ placement of earth
fill from the channel and~interior drainage lake to a level at
least two feet above the 100-year flood level~ an interior
drainage lake to capture water behind the levee~ a 300,000 gpm
capacity pump station to move water from the interior lake
into Denton Creek~ and modification of a bridge on Denton Tap
Road to enlarge the opening.
6. Plans for the proposed project are adequate and in
conformity with sound engineering principles.
7. There is no discernible incompatibility with exist-
lng hydraulic and hydrologic conditions.
8. The proposed project will cause no additional
flooding or adversely affect life and property or the rights
of third parties.
9. The proposed project will reclaim land within an
area presently designated as 'floodway' by the Federal Emer-
gency ~anagement Agency (FENA). The proposed channel improve-
ments will compensate for encroachment into the floodway, and
readjustment of the floodway limits according to FENA regu-
lations will be justified.
10. The proposed project will allow reclaamtion of
approximately 560 acres within the District, will benefit
landowners south of Denton Creek and outside o£ the District
in the upstream portion of the project area, and will not be
detrimental to any landowners outside of the District.
11. The proposed project will allow sufficient ordinary
flows to remain in the old channel of Denton Creek to sustain
local fish and other population in the stream. Streamside
vegetation will not be harmed and only a small amount of such
vegetation within the District will be removed during con-
struction. The proposed project will not promote the growth
of mosquito population in the area.
12. Ordinary flows within Denton Creek are primarily
affected by controlled releases from Lake Grapevine and
contributions from the watershed between Lake Grapevine and
the project area. The proposed project will not affect either
of these conditions.
13. The depth of water within Denton Creek in low-flow
conditions is primarily a factor of backwater effects from
Carrollton Dam, which is located downstream of the project
area. The proposed project is designed so as not to affect
the depth of water in the existing channel.
14. A series of small diversion dams ~ould assure that
ordinary flows continue in the existing, channe!/%.
proposes, but has not included in its engineering report or
preliminary plans, the installation of such wears if necessary
to protect low flows. Sound engineering principles allow for
observation of actual conditions and const~uctiOn, if. neces-
sary, in response to such conditions. ;~Applicant
monitor flow conditions for approximately one year after
completion of the project to determine if installation of
weirs is necessary.
15. The proposed project will not significantly increase
the 100-year water surface levels within or upstream from the
project area.
16. The Executive Director recommends approval of the
engineering report as the Districtgs Plan of Reclamation.
17. Construction of the project will commence within six
months from the date of issuance of this Order.'
18. Completion of the project will occur within two
years from the date of issuance of this Order.
CONCLUSIONS OF LAW
1. Applicant seeks approval of its engineering report
as its Plan of Reclamation under S57.156 of the Texas Water
Code and 31 T.A.C.S315.36.
2. Applicant seeks approval of preliminary plans under
S16.236 of the Texas Water Code and 31 T.A.C. S~315.37,
315.38, and 315.51-315.63.
3. The Commission has jurisdiction under Texas Water
Code ~57.156 and 16.236 to consider the application and the
Proposal for Decision and to approve both the engineering
report as a Plan of Reclamation and the project plans of the
applicant.
4. -The applicantgs engineering report and preliminary
plans are in compliance with the Texas Water Code and the
Rules of the Texas Water Commission and of its predecessor
agency, the Texas Departme_nt of Water Resources, and should be
approved.
NO~, THEREFORE, BE IT ORDERED BY THE TBNASWATER C09~IIS-
SION THAT=
1. The engineering report submitted by Denton County
Levee Improvement District No. 1, prepared by Dennenbau~
Engineering Corporation and dated April, 1985,..be approved
subject to all requirements of law and the Rules of the Texas
Water Commission.
2. The preliminary plans submitted by Denton County
Levee Improvement District No. I for a reclamation project be
approved subject to all requirements of law and the Rules of
the Texas Water Commission
plans and specifications to
Texas Water Commission).
(including submission of final
the Executive Director of the
3. Applicant commence construction within six months of
the date'of issuance of this Order.
4. Applicant complete construction within two years of
the date of issuance of this Order.
5. In conjunction with Finding of.Fact No. 14, one year
after completion of construction', the District shall submit a
written report to the Texas Water Commission evaluating the
performance (including flows) of structures during low flows.
This report will analyze the effect, if any, of the diversion
of water between the two channels and will propose remedial
action, if any, necessary .to correct observed problems. This
report shall be furnished to the parties to this hearing.
6. The exceptions of Univest Corporation filed
October 7, 1985, are hereby overruled.
The Chief Clerk of the Commission is directed to forward
a certified copy of this Order to all parties.
Signed this 28th day of October , 1985.
TEXAS WATER COMMISSION
ATTEST=
/s/ Paul Hopkins
Paul Hopkins, Chai~lnan
/s! Ralph Roming
~talph Rom~g, Comm~Ssioner
/s/ John O. Houchins
John O. Houchins, Commissione~
/s/ Mary Ann Hefner
Mary A~n Hefner, Chief Clerk
TIlE STATE OF TEXAS
COUNTY OF TRAVIS
I. MARY ANN llEI:NI:-R. Chie£ Clerk of the Texas #ater
Commission, do hereby certify that the ;,ttached nnd
foregoing ts a true nnd correct copy o£ nn Order of the
Cosunission, the original of which is filed in the
pernanent records of the Coanission, ·
i;IVEN UNDER MY HAND AND THE SEAL OF TIlE TEXAS YATER
COM~IISSION, this the 28th day of October 1985.
Texas #'ater Commission
SEAL