ORDER 14fO. x:5987
OF'F'OS I T I ON TO GUADALUF'E-BLANCO RIVER AUTHORITY AF'F'L I CAT I 0141
TO SELL WATER FROM CANYON LAF'.E
(ANYWHERE OUTSIDE GBRA'S TEN-COUNTY STATUTORY DISTRICTS
On this the ~',',rd day of A+_~g+_~st 1999, +_ipon motion made by
Cammissioner Griffin, seconded by Commissioner Baldwin, the
Co+_~rt +_~nanimo+_~sly approved by a vote of 4-~-~, opposing the
application by G+_iadal+_ipe-Blanca River A+_tthority to se11 water
fr^om Canyan Lake to anywhere o~..-tside GBRA's ten-ca+_inty
stat+_ttory district.
August 26, 1999
Office of the Chief Clerk
MC 105, TNRCC
P.O. Box 13087
Austin, Texas 78711-3087
Re: Guadalupe -Blanco River Authority; Application No.
18-2074E
Gentlemen:
On August 23, 1999, by unanimous vote the Kerr County Commissioners' court voted to oppose
the Application by Guadalupe -Blanco River Authority ("GBRA") (#18-307E) to amend certificate of
Adjudication No. 18-2074E, as amended, and to request a public and contested case hearing on this
Application.
Specifically, the Commissioners objected strenuously to Paragraph (4) of the Application wherein
GBRA requested authority to use water authorized to be diverted and used from Canyon Reservoir
anywhere outside GBRA's ten-county statutory district within the Guadalupe, San Antonio, Colorado and
Lavaca River Basins, and the Colorado -Lavaca, Lavaca -Guadalupe, and San Antonio - Nueces Coastal
Basins.
The availability of additional surface water, all of which is controlled by GBRA, is critical to the
future of Kerr County and all rural counties in the Guadalupe -Blanco River Basin. The obvious intent of
the requested amendment is to permit GBRA to sell water to San Antonio, Corpus Christi or other major
metropolitan areas outside the Guadalupe -Blanco River Basin and ignore the needs of the rural areas
within the Guadalupe -Blanco River Basin. It is equally apparent that the GBRA is attempting to
circumvent the global planning effort underway under the framework of Senate Bill #1 adopted in 1997.
Accordingly, the Kerr County Commissioners' Court respectfully requests a public hearing on this
application.
Sincerely yours,
Fred Henneke
Kerr County Judge
cc: Mr. Granger MacDonald, President, Upper Guadalupe River Authority
Mr. Dean Mitchell, President, Headwaters Underground Water Conservation District
The Honorable Ben Low, Mayor, City of Kerrville
All County Judges, Guadalupe -Blanco River Basin
FLH/tb
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred Henneke OFFICE: County Judge
MEETING DATE: August 23, 1999 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss application by Guadalupe-Blanco River Authority to sell water from
Canyon Lake anywhere outside GBRA's ten- county statutory district.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
County Jude
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
_~
,,.
NOTICE OF WATER RIGHTS AMENDMENT APPLICATION
APPLICATION NO. 18-2074E
APPLICATION. Guadalupe-Blanco RiverAuthority,933 EastCourt Street, Seguin, Texas 78155,
has applied to the Texas Naturai Resource: Conservation Coiruuissiur~ to Qi-~,cnd Certi ;cafe of
Adj udication No. 18-2074, as amended, pursuant to § § 11.122 and 11.085 of the Texas Water Code,
and Texas Natural Resource Conservation Commission Rules 30 TAC §§295.1, et seq.
Under Certificate of Adjudication No. 18-2074, as amended (the Canyon Certificate), the
Guadalupe-Blanco River Authority (GBRA) has the right to maintain a dam and reservoir on the
Guadalupe River (Canyon Reservoir), impound water therein, and divert and use from the
conservation storage in the reservoir, not to exceed 62,900 acre-feet of water in any yeaz, provided
that diversions may not exceed an average of 50,000 acre-feet of water per year over any five
consecutive calendaz yeaz period (250,000 acre-feet of water during any five consecutive calendar
year period) for municipal; domestic, industrial, irrigation, and recreation purposes. In the most
recent amendment to the Canyon Certificate, GBRA was authorized to use the water anywhere
within GBRA'sten-county statutory district, which consists of Hays, Corral, Guadalupe, Caldwell,
Gonzales, DeWitt, Victoria, Kendall, Refugio, and Calhoun Counties. Portions of this ten-county
district lie outside the Guadalupe River Basin, within the San Antonio, Colorado, and Lavaca River
Basins, and the Colorado-Lavaca, Lavaca-Guadalupe, and San Antonio-NuecesCoastalBasins. The
priority date of GBRA's right to impound water in Canyon Reservoir and to divert and use water
therefrom for municipal, domestic, industrial irrigation, and recreation purposes anywhere within
GBRA'step-county statutory district is March 19, 1956. Because GBRA did not, in its most recent
app11~.41.1Jr, tc ?.mend •.h` ^a-tyon Cer:iEcate, rP l~.:es*. deletier. of the ~epaSaiP anal duplicative
transbasin diversion authorizations that existed prior to the granting of that application, those
authorizations and their stated priority dates also remain, as follows:
(1) The time priorities of GBRA's right to transfer 7,649 acre-feet of water per yeaz for
industrial purposes from the Guadalupe River Basin for use in the Lavaca-Guadalupe
Coastal Basin, aze as follows:
(a) October 14, 1980, as to 6,075 acre-feet of water per yeaz;
(b) February 22, 1983, as to 374 acre-feet of water per year;
(c) November 15, 1985, as to 1,200 acre-feet of water per year; and
(2) The time priority of GBRA's right to transfer 900 acre-feet of water per year for
municipal purposes from the Guadalupe River Basin for use in the San Antonio River
Basin is November 15, 1985.
By this application, and based, in part, on GBRA's continued subordination of downstream senior
hydroelectric water rights, the applicant requests that the Commission amend the Canyon Certificate
as follows:
(1) authorize GBRA to divert and use an average of 90,000 acre-feet of water per year
over any five consecutive yeaz period (450,000 acre-feet of water during any five
consecutive calendar year period) from Canyon Reservoir, and delete the diversion
and use limitation of 62,900 acre-feet of water in any year;
(2) uut. or~ze the use of all -water authorized to be diverted and used under the Canyon
Certificate for municipal, domestic, industrial, irrigation and recreation purposes;
(3) authorize the use of all water authorized to be diverted and used under the Canyon
Certificate anywhere within GBRA's ten-county statutory district;
(4) authorize the use, from and out of the water authorized to be diverted and used under
the Canyon Certificate, of an average of 11,000 acre-feet of water per year (55,000
acre-feet of water during any five consecutive calendaz-year period} from Canyon
Reservoir anywhere outside GBRA's ten-county statutory district within the
Guadalupe, San Antonio, Colorado, and Lavaca River Basins, and the Colorado-
Lavaca, Lavaca-Guadalupe, and San Antonio-Nueces Coastal Basins;
(5) delete the sepazateandduplicativetransbasindiversionauthorizationsandtheirstated
priority dates that existed prior to the granting of GBRA's most recent amendment
to the Canyon Certificate, set forth above; and
(6) confirm, expressly on the face of the amendment requested by this application, that
the priority dates for the Canyon Certificate, as so amended, are as follows:
(a) Except as set forth in subpazagraph (b), below, the time priority of all rights
under the Canyon Certificate as hereby amended is March 19, 1956. The
time priority applies when inflows are impounded in Canyon Reservoir.
(b) The time priority for impoundment of inflows in Canyon Reservoir shall be
June 14, 1999 during times when the Reservoir would have been full if
diversions of water were limited to an average of 50,000 acre-feet per year.
No other changes are requested.
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Application No. 18-2074E was filed on August 29, 1997, and accepted for filing on June 14, 1999.
The Executive Director has reviewed this application and declazes it to be administratively complete.
PUBLIC COMMENT/PUBLIC MEETING. Written public comments and requests for a public
meeting should be submitted to the Office of Chief Clerk, at the address provided in the information
section below, within 30 days of the date of newspaper publication of the notice. A public meeting
is intended for the taking of public comment, and. is not a contested case hearing. A public meeting
will be held if the Executive Director determines that there is a significant degree of public interest
in the application.
CONTESTED CASE HEARING. The TNRCC may grant a contested case hearing on this
application if a written hearing request is filed within 30 days from the date of newspaper publication
of this notice. The Executive Director may approve the application unless a written request for a
contested case heazing is filed within 30 days after newspaper publication of the notice.
To request a contested case hearing, you must submit the following: (1) your name (or for a group
or association, an official representative), mailing address, daytime phone number, and fax number,
if any; (2) applicant's name and application number; (3) the statement "I/we request a contested case
hearing;" (4) a brief and specific description of how you would be affected by the granting of the
application in a way not common to the general public; and (5) the location and distance of your
property relative to the proposed activity. You may also submit any proposed conditions that could
be included in the requested amendment which would satisfy your concerns. Requests for a
contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address
provided in the information section below.
If a heazing request is filed, the Executive Director will not issue the requested amendment and will
forwazd the application and hearing request to the TNRCC Commissioners for their consideration
at a scheduled Commission meeting.
INFORMATION. Written hearing request, public comments or request for a public meeting
should be submitted to the Office of Chief Clerk, MC 105, TNRCC, P.O. Box 13087, Austin, TX
78711-3087. For information concerning. the heazing process, please contact the Public Interest
Counsel, MC 103 at the same address. For additional information, individual members of the
general public may contact the Office of Public .Assistance at 1-800-687-4040. General
information regarding the TNRCC can be found at or web site at www.tnrcc.stat.tx.us.
Issued: July 30, 1999.
LaDonna astaiiuela, Chief Clerk
Texas Natural Resource Conservation Commission
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