Mar. 10—MINERAL WELLS — City Manager Dean Sullivan laid out long- and short-term recommendations on Tuesday to address a state water violation looming over Mineral Wells.

Council members also hired a new city clerk on Tuesday and dissolved an advisory panel members said has become dormant.

Sullivan's briefing to the city council, on how the city can get past a 13.3 percent capacity deficit at the Hilltop Water Treatment Plant, included a rundown of contract statuses between the city and its seven wholesale water supply customers.

"This isn't like we just sprung this on somebody today," he told the council, referring to contracts he wants the wholesalers to sign and negotiations that have only recently re-started after talks dried up last August.

"How much time do you want to give them, when that violation is not going to go away?" he asked. "And now we're facing a drought — and summer isn't even here yet."

Sullivan dropped the D word in earnest. The previous night, the water level at Lake Palo Pinto had fallen slightly below the 861 feet mean sea level benchmark that triggers Stage II drought conditions for the city.

Forecasts of rain Tuesday gave Sullivan justification to hold back the Stage II decision, which bans all outdoor water use except for animals. His hope played out, as the city's supply lake rose to 861.97 feet msl by 1:15 p.m. Wednesday on the U.S. Geological Survey's daily monitor.

That level was unchanged as of Thursday morning, with rain on the way to the area.

Sullivan sounded hopeful for resolution of the Notice of Violation the Hilltop plant had received from the state in August 2021.

The city does not own the water treatment plant. The Palo Pinto County Municipal Water District No. 1 owns the plant and the lake.

But Mineral Wells operates the plant under a state permit and is on the hook for the violation notice by reason of the water it sells to its residents and the water wholesalers.

A copy of the Notice of Violation in Tuesday's council backup material noted the Hilltop plant, which is north of the city off U.S. 281, has a capacity to produce 5,555 gallons per minute.

But the city's commitments, to its residents and the seven wholesalers, are a respective 4,257 gpm and 2,164 gpm. Hence a deficit of 555 gpm.

"Right now, we're overcommitted to the tune of 13-plus percent," Sullivan said.

Part of what led to the Notice of Violation was the city's reliance on a 2014 study, by its former engineering firm, that put the plant's capacity at 12 mgd.

The state, however, relied on a peer review of that 2014 study that put the plant's total production capacity at 8 mgd.

The city has kept Hilltop's output on the razor's edge of that newer capacity figure. It's records show the combined output for city residents and the seven wholesalers at 7,999,200 gallons per day as of Oct. 14, 2022.

The simplest solution is a new water treatment plant. It's also an estimated $20 million expense, if built today.

The city is probing a new plant, that it would own, at the coming Turkey Peak Reservoir. That new lake is to be built immediately south of the Lake Palo Pinto dam.

As with the lake project, the city is looking at funding options for a new water treatment plant. That includes fund-sharing options to lower the pass-through costs the city residents would face in higher monthly water bills.

A much cheaper, short-term option would be to convince the Texas Commission on Environmental Quality to lower its requirement on the gallons per minute moving through the plant.

Sullivan said the city might be eligible, for a so-called Alternative Capacity Requirement, if it provides an engineering assessment that lowering the current six-tenths of a gallon per minute standard for treated lake water won't lower the water quality or level of service.

To that end, the council on Tuesday also authorized Parkhill engineers to perform an Alternative Capacity Requirement study on the plant.

The action, with a top cost of $18,000, will not be formally authorized unless Sullivan works out any issues with the water district owner.

The motion for approval of the study gave Sullivan until the end of the fiscal year, Sept. 30, to address any issues with the water district.

Sullivan said he'd learned of the alternative requirement and its potential to address the capacity violation on Monday.

"If what we learned Monday can be proven out ... we might be able to get in compliance soon," he said. "But that doesn't mean— that just puts our feet back (under us). We've still got to resolve this issue of a new water treatment plant. That's going to take some serious investment."

Sullivan also told the council that Public Works Director Scott McKennon and his crew are hunting down so-called, dead water meters. Those could be at vacated houses or old construction sites.

"Apparently, all those inactive meters are hurting us now," he said. "We'll get our house in order."

In related action, the council on Tuesday approved a new contract with one of its wholesalers, the city of Graford.

Graford joined Palo Pinto Special Utility District as new contract holders. Both agreements are good until early 2053.

Others have preexisting contracts. The city hopes all, though, will sign onto a new template agreement — with amending exhibits they can first negotiate as was the case with Graford.

North Rural Water Supply Corp's. contract expires this month. The nonprofit, member-owned provider supplies taps in northeast Palo Pinto and western Parker counties.

Parker County Special Utility District's contract is set to expire in October 2029. Serving western Parker and southern Palo Pinto counties, Parker County SUD hopes expansion of a desalination plant on the Brazos River can wean it partly or in whole from Mineral Wells.

The other three wholesalers are Santo Special Utility District, and the Millsap and Sturdivant Progress water supply corporations.

Millsap WSC's contract ends in July 2026, Santo SUD's in 2031.

Sullivan told the council that Santo has provided a "positive response" to the city's negotiation request.

Sturdivant Progress Water Supply Corp., with headquarters south of Mineral Wells off Village Bend Road, has not had an active contract with the city since February 2005.

"They have not had an agreement in almost two decades," Sullivan said, adding the supplier has been sent a notice of termination of service that will occur in one year. "We have no obligation to provide this water whatsoever. We'll either formulate an agreement or they'll find an alternate source."

Sturdivant General Manager Billy Brillhart was not available when called Thursday afternoon. The supplier's website reports a pipeline upgrade along Farm-to-Market 2256 should wrap up this spring and that a project to accommodate the U.S. 281 expansion was finished in January.

Tuesday's meeting was about more than water wars.

Following a closed session, the council hired Sharon McFadden to succeed retiring City Clerk Peggy Clifton.

Sullivan said McFadden will start work next month, working alongside Clifton in a one-month transition.

The council also buried the Woodlawn Park Cemetery Board of Trustees, which council members said has not met in recent memory.

Sullivan recommended dissolving the appointed, voluntary panel and turning over its oversight of the large cemetery on the city's southern tip to city staff.

"That board's last involvement was about a decade ago," he said, recalling a U.S. flag question the board dealt with then.

Council members also described the cemetery board as dormant.

"That board ... hasn't met in, probably, a couple of years," Place 1 Councilman Brian Shoemaker said, before Ward 1 Councilman Jerrell Tomlin recalled someone being appointed to it two or three years ago.

"And, as far as I know, there's never been a board meeting," he said.