Saying it's paying millions for nothing, SAWS sues to end Medina Lake water contract

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Saying it's paying millions for nothing, SAWS sues to end Medina Lake water contract
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The city-owned water utility says it can't use water from Medina Lake, but it is still having to pay for it.

The Bexar-Medina-Atascosa Water Control and Improvement District No. 1 — more commonly known as BMA — is a water control and improvement district, which are entities created by the state and led by an elected board of directors. The districts can be involved in a number of functions, including flood control, irrigation, drainage and preservation of water resources.

The contract, which is set to run from 2008 through 2049, calls on BMA to supply SAWS with up to 19,974 acre-feet of water per year, to be paid for at a market rate set annually. One acre-foot is about 326,000 gallons, and this year SAWS is paying about $165 per acre-foot. After taking on BexarMet’s agreement, SAWS tried to make it work, said Donovan Burton, the utility's vice president for water resources and government relations. In 2012, SAWS drew almost 7,000 acre-feet of water, BMABut in 2013, the water quality in Medina Lake became too poor for SAWS to treat at its filtration plant on the Medina RiverThat was due in part to low lake levels, the utility says.

While acknowledging the language in the contract, SAWS officials argue the agreement violates a Texas Water Code provision that water supply contracts must be “just and reasonable and without discrimination,” and also violates public policy.

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