oRnER No~ ~:E?~~
SET F'tJRL..IC HEF~RING
N~ERR COUNTI'
WATER ~1VAILARIL.ITY RECUIREt+IENTS
on this the ECrd day of October ~=ViO~, i_ipon mat ion made by
Commissioner Letz, seconded 6y Commissioner Sr-iffin, the Co~.u-t
unanimously, by a vote of 4-0-0, approved Lhe F'r•oposed I{er-r
Coi_mty lda.ter Rvailability Req~_cirement~ and set the F'~ablic
Hearing for Monday, November c7, c~k~0 at ?c~0 p. m. :in the
Commissioners' Courtroom.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Jonathan Letz OFFICE: Commissioners' Court
MEETING DATE: October 23, 2000 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss and set public hearing regarding the approved Water
Availability Requirements.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
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:
Commissioner Pct. #3
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
prepazed 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.
NO.
An Order establishing Kerr Coaaty Water Availability Requirements for property located in
Kerr County outside the city limits of an incorporated or chartered municipality.
BE 11' ORDERED and ADOPTED by the Commissioners Court of Ken County, Texas:
Kerr Couuty Water Availability Requirements
1.01. General: Kerr County has been designated as a county within a
Priority Groundwater Management Area by the State of Texas. Therefore, pursuant to
Chapter 35, Section 35.019, Texas Water Code, the Ken County Commissioners Court has
the authority to require any person seeking plat approval to show:
(1) Compliance with Water Availability Requirements
adopted by the Commissioners Court; and
(2) That an adequate supply of water of sufficient quantity
and quality is available to supply the number of lots
proposed for the platted azea.
1.02. Water Availability Requirements: It is hereby adopted by the
Kerr County Commissioners Court that before any subdivision plat is approved, the
developer must establish to the reasonable satisfaction of the Commissioners Court that an
adequate quantity of water of a quality meeting the standards established by the TNRCC
and the provisions contained herein exists under such subdivision or will be provided from
surface water sources. Any person fulfilling the requirements set forth below shall be
deemed to have satisfied these Water Availability Requirements. Failure to satisfy the
Water Availability Requirements shall resuh in the denial of approval of the plat.
The requirements set forth herein are based on the best currently available knowledge of
groundwater under Kerr County. The average family or household is assumed to be 2.8
persons and the average daily consumption is 200 gpd per person based on State of Texas
population and demand analysis. Based on this information the intent of these water
availability requirements is for, at a minhnum, the surface azea of each lot to provide
enough annual rechazge to equal the average annual per capita usage of water.
1.03. Acreage Requirements to meet Water Availability: The total
number of lots permitted in any subdivision shall not exceed the total acreage in the
subdivision divided by 5 acres unless surface water is a planned source of water for the
public or community water system of the subdivision.
KC tiuh Rule. K Reg; Re~isirni October 17, ?u0U Page 1
1.04. Public or Community Water Systems: (1) If the person
requesting plat approval proposes to utilize a new public or community water system,
such system shall be developed in accordance with Subchapter C., Chapter 341, Texas
Health and Safety Code and as defined by current rules and regulations of the Texas
Natural Resource Conservation Commission 30 TAC Chapter 290. If the public or
community water system will have more than IS connections, the developer shall present
to the Commissioners Court in satisfaction of the Water Availability Requirements a
letter or other document from TNRCC's Rate Analysis and Plan Review Team, Water
Utilities Division approving the business plan and the plans and specifications of the
proposed water system; if the proposed water system will have fewer than 15
connections, the developer shall present a letter from the HUWCD in satisfaction of these
Water Availability requirements stating that the HUWCD has reviewed the plans and
specifications for the proposed system along with any technical data required by the
HUWCD and finds the proposed system adequate for its intended use.
(2) If the developer proposes to utilize an existing public or community water
system, the developer shall present to the Commissioners Cour[ in
satisfaction of these Water Availability Requirements a copy of the
executed agreement between the developer and the owner of such existing
system for such water. If the total number of connections served by the
community water system as defined above is more than fifteen (15),
including the additional lots, the developer shall present a letter from
TNRCC's Rate Analysis and Plan Review Team, Water Utilities Division
stating that the existing water system has sufficient capacity to service the
additional connections shall be required.
(3) All plats which satisfy the Water Availability Requirements by utilizing a
new or existing public or community water system shall, by deed
restriction or other legal means, prohibit the drilling or use of individual
wells within such subdivision except by individual lot holders for
agricultural or irrigation purposes only. Such prohibition shall be
prominently noted on the recorded plat. Any existing wells not owned and
utilized by the public or community water system shall be plugged in
accordance with the applicable rules and regulations of the HUWCD.
All public or community water systems shall contain appropriate plumbing
connections to allow fire trucks to connect to the water systems to with
(~ y~ draw water in case of an emergency. The specifications for this connections
,U~1'' is set forth in Appendix M.
1.05. Individual Water Wells: If the developer proposes individual
lot owners or purchasers to drill individual water wells as the source of water for such lot,
such developer shall, in satisfaction of these Water Availability Requirements:
(1) Well Testing:
a. For a subdivision whose total acreage is 74 acres or
KC Suh Rulcs A, Rc@s Rovision Octohcr 17.2000 Pugc 2
less, submit to the Commissioners Court and/or the HUWCD the
results from a pump test performed on test well that is reasonably
centrally located in the subdivision. The well on which the pump
test is performed must also be electrically and lithologically
logged to determine the geological formation (s) upon which the
pump test was performed; a pump test must be performed upon
each individual formation which is likely to be used for the
subdivision's future water supply. A State of Texas registered
professional engineer qualified to perform hydrogeological testing
and lithologic and electrical logging or a certified geologist or
equivalent, (i.e., AAPG, CPG, American institute of Professional
Geologist) as qualified to perform such tests will perform the
pump test and well logging. When undesirable water or other
undesirable elements are encountered, the undesirable water or
other undesirable elements shall be sealed off and confined to the
zone(s) of origin; undesirable water or other undesirable elements
shall not be allowed to commingle with fresh water zones. The
pump test shall be a 24-hour pump test, or of sufficient time to
establish a stabilized water level within the test well. The pump
test must give sufficient data to provide transmissivity for the
formation upon which the pump test was conducted. If possible, a
storage coefficient for the formation shall be calculated.
b. For a subdivision whose total acreage is 75 acres or
more, submit to the Commissioners Court and/or the HUWCD the
test results as descn'bed in Subsections (1) and (2) above from two
test wells that are geographically disparate within such
subdivision, but in no event closer than 1000 feet from each other.
Pump test and logging data obtained from a previous test well
may be substituted in place of a test well in (a.) or (b.) above. The
substituted well shall be within 1000 feet of a proposed test well
site. The substituted well's data must represent the formation[s]
upon which the subdivision will rely for future water.
c. Submit a water quality analysis conducted by a
Texas Department of Health certified laboratory for each well
tested. The water quality analysis shall at a minimum test For
chloride, conductivity, fluoride, iron, nitrate, pH, sulfate, total
hardness, total dissolved solids and coliform bacteria, and )/. coli.
d. Submit to the Commissioners Court and/or the
HUWCD a map of the proposed subdivision showing the location
of the test well(s) and any other existing wells located on such
property.
K~ tiub Rules ~ Regs Recisuw October U. 211110 Page ?