ORDER NO. c7c',"_'1 RF'PROVE RRTIFYING REG?UEST FOR CONTESTED CASE HEARING IN SAN NRRCOS RIVER FOUNDRTION APPLICATION FOR GUADRLUPE RIVER WRTER RIGHTS On this the S7th day of A~ag~_ist EQ~1, upon motion made by Commissioner^ Griffin, seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, ratify and approve the letter sent 6y the County Judge to the T, N. R. C. C. req~_iesting the contested rate hearing on San Marcos River Foundation Application. 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 Henne MEETING DATE: August 2 , 2001 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: County Judge TIME PREFERRED: Consider and discuss ratifying request for contested case hearing in San Marcos River Foundation application for Guadalupe River water rights. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: County Judge 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: 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. 5:00 P.M. previous Tuesday. ~.,~-:. . 4vI ~j ~~~~; , II VA,lli ~~"~-.': COUNTY JUDGE FRED FIENNEKE COMMISSIONERS COURT H. A. "BUSTER" BALDWPI, Pcr. 1 WILLIAM °BILL° wILLIAMS, PCT. 2 IONATHAN LETZ, PCT. 3 LARRY GRffFIN. PCT. 4 VIA FAX - (512) 239-5533 Ms. LaDonna Castenuela Chief Clerk THE COUNTY COURT OF KERR COUNTY, TEXAS 700 MAIN KERRVRLE, TE%A$ 78028 1pi: (630)792_2211 PAx: f830) 792-2218 E-MAR: Yertmccl@omniµloEal.nel August 20, 2001 Office of the Chief Clerk Texas Natural Resource Conservation Commission MC 105 P.O. Box 13087 Austin, Texas 78711-3087 ~~~ ~ l ~ ~~ CJ- O~/' ~w~~ -//~ 4 a~ -', RE: Application of the San Marcos River Authority Foundation (Application No. 5724) for a Section 11.21 Water Rights Permit Dear Ms. Castenuela: As the duly-elected County Judge of Kerr County, I write in opposition to the above-referenced Application by the San Marcos River Authority. My address is 700 Main Street, Kemille, Texas 78028, Telephone (830) 792-2211, Fax No. (830) 792-2218. In connection therewith, Kerr County requests that a contested case hearing be held on Application No. 5724 filed by the San Marcos River Foundation. As justification for this requested for contested case hearing, Kett County historically has utilized surface water from the Guadalupe River to meet its various needs. For the future, additional surface water is critical as a primary source of water for Kerr County's Bowing population. If the requested permit is granted, the availability of that essential future water supply will be in grave jeopardy. Therefore, as a political subdivision of the State of Texas entrusted with the health, safety and welfare of its citizens, as well as the holder of a Temporary Permit No., we oppose Application No. 5724 by the San Marcos River Foundation and request a contested case hearing on such request. ~y u~~ Fred Henneke Kett County Judge Cc: Commissioners Jim Brown Ron Patterson Cameron Cornett Rug 1~ O1 OS: 08a J.T. fJrown 83CI 7S2-6763 p.l !E By; ~f -~`O~' ~ ~ ~ e s ~ UPPER GUADALUPF, RIVER AU'fHORII'Y 125 Lelunac Dr.. Ste. I00; Y,enville,'I exas 78028 8 ~Oi896-S~YiS; FAX 830/257-2ti21: a-mail' [gaadmn'u7u~,aR F.4CSIMiLt: 'fRAN$MITTAL Dare 5-15-20Ui_ ____._ 70- The Honorable Fred Hennekc Company/I kt:e: ____ __ I'ax No- auto Phone Nu.: ExL: -~l„` Pn;m: Kathy \4ichelf '. ,_ -____-_.__ _ _ - Far ,4'o.: $;01742-6%6~ .._._ _.. _ Phone A'o.r 830/896-5445 Cunfirlerrtialrp .~'oa+ . Tne dcewnon+t ac nmya wng JhlsJa srmuv+l+smutbn an+'aRi line lia mformmion x6ich is le8o'! prrvileBeA and in ended only lar fh use ojihe reclpianf named obeve. iYe reguv. nmmedia[e no(y~ OlIVr1lJy teleuhone o,[m+sroufedta~simile'ranrmusian m lhm we can r ng pr ~ e.er n J oee dneum m m u lJ9on rere t fhu ja sm re n error. ~+u re he+e5y rt fled thal anT ducbsun:, ro,nvmg dl£[ribu+iontnaRingcfanyccfiarcfnre!mn.e on lneeonMnls aJ lh~sjnertmreu +r.ulr pnrhibi;ed. -- Message: ?'ransmitting par bLr. [3n>wn's request. Thank ~'ot~, /~ ~~ ~a i I c~ ~~~ ~~ ~~~ V +~C9A 78 Cti5-d fRt b99j Ne. Papes (Including CovtrJ: 3 nncumen[! Oua t5 r,,. 09: OOa .:. T. H:'umn 8°U -%92-6?03 p.2 u-*.,~~,1.d, ;,1 u ?sotesves t~_f?i 990~51~: Ms. Laflntuia Castenuzla Chief Clerk Office ~~f the Chief ~ lerk August 17, 2001 Via Hand J)elivery aztd Cb1RR Texas Natsal Resource Conscrvutlon Comt»ission IvIC 105 P.J. &~x 13087 Austin, ': exas 78711-3 US 7 Ze: Application of the San Marcos River Foundation iApplication No. 5724) for a Section 11.131 Water Rights Permit Dear Ms. Castenuc[a: The L%pper iinadalupe River Authority ("UGRA'°) is a political subdivision oI the state, created by the Legislatwe, pwsuant to Article XVI, Section 59, of the Texas C~nstinnion, by znabling iegisiation formerly codified at Article R280-124, Texas Revised Civil St.~.tules Anrtt~iated las amended). UGRA's statutory boundartcs are coterminous with those of Kerr Canty, Texas. OGP.A rs charged by the Legislature with the protection, preservation and development of, inter a1ia, the swtacc waters within [he uoundaries oI'L;GRA, tncludntg the Guadalupe River. UGRA is also the holder of Permit Nn. ~394A, issued by the Texas Natural Resowce Conservation Commission ("TNRCC"), authorizing the diversion of water from the Ciuadalupc i'uver for municipal pwposes. UGRA is headquartered it Kem•ille, Item County, Texas, and can be reached at the following: Mailing Addrzss: UGRA Attn: J:1'. Brown, General Manager 125 Lehmann St., Suite 100 K=:rrvifle. Texas 78028 18iephane No.: f 830) 89b-5445 Pax No.: 18301257-7.62 i P-[nail: u.'rti tb(~Kra_c! UGRA requests that a contcstzd case hearing be held on Application No. 5724 filed by thz San Marcos River "row~tdation. L'GRA's rights urxier, and its abihty r!ug 15 Ol 0°:OOa J.T. Brown 030 78<-G~D3 p.3 to fury utilize. Permit No. 5s9~t-A wiil likely be adversely :ntpacted if the requested nemxit is granted. Furthenrorc, UGRa historca'ly i~as urlized surface water from the Guadalupe Ri+er to meet municipal water supply needs within Ken- Grunty. UGK.A is presently developing a regional municipal water supply nrojeci wits the City o' Kerrville intendrd to *tteet furore municipal water suppl}' detttarv:;s tlaoughout Ken Count} in a matmer corsistcnt wiih the i .egislan,-e' mandate in Serrate frill 1, t1CiAt Iv_rr Cour..ty - and purwazrt to its constitutional and legislative mandates requests the Conanission grrrtt a cuntested case hearing u; this matter and grant the I:GR-`. "party statu>". I ant attachiytg a copy of the Resolution No. 2001-08 adop'ed b} the UGR4 Board of llaectors at its regularly scheduled monthly meeting on August i ~, 2G01. zmthorizing submissiUn of this letter and request for a contested ease 'xar~ing. Thank: }'nu tot your consideration of this request Please feel liee to contact me if vnu have arty questions or need fiutixer inlornation. ~¢rccrely: Upper Guadalupe River Authority ,I, T. Brown Ci:;ncrul Marager cc: U(iRA Board of Directors [d lvleCarthy, Mc(iautis L.~chrldge ~tC Kugore Robert J. Huston, Chairman ~~P'CE OF), ~ ~~ ~ R. B. "Ralph" Marquez, Commissioner y John M. Baker, Commissioner ~ Jeffrey A. Saitas, Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution August 24, 2001 The Honorable Fred Henneke Kerr County Judge 700 Main Kerrville, Texas 78028 Re: San Marcos River Foundation/Water Rights Permit #5724 Thank you for your letter on behalf of Kerr County expressing concerns regarding San Marcos River Foundation/Water Rights Permit #5724. Your request for a hearing has been received by Texas Natural Resource Conservation Commission (TNRCC) staff responsible for processing such requests. All requests for hearings, if timely filed and authorized by statute or rule, are reviewed by the Commission and a determination will be made as to whether or not the hearing request will be granted and the matter referred to the State Office of Administrative Hearings (SOAH). If your request for hearing is granted, the hearing will be a formal, legal proceeding, conducted in a manner similar to civil trials in state district court. While not required, parties are usually represented by legal counsel. If your request was timely filed, you will be notified in writing as to how your request for a hearing will be handled. A copy of your comments and concerns will be forwarded by the Chief Clerk to the agency staff responsible for reviewing the permit application and, regardless of the outcome of your hearing request, if timely tiled, they will be considered by the staff prior to the final decision on the application. The enclosure to this letter is intended to help you better understand the processing of hearing requests and public participation in the Texas Natural Resource Conservation Commission permitting process. The Commission appreciates your interest in environmental issues. If you have any further questions, please feel free to contact any member of our staff at 1-800-687-4040. Sincerer ~,Iodena N. Henneke, Director D Office of Public Assistance F1L FOR RECORD 8t..~~...: .. n'rlnnk ...~,.. n, S E F - 5 2001 Enclosure JANNETT PIEPER cc: LaDonna Castanuela, Chief Clerk rk my Co ( Cou 7era Depu;, Ted Ground, Permits Division Marianne Baker, Environmental Law Division Israel Anderson, Small Business/Environmental Assistance P.O. Box 13087 • Austin, Texas 78711-3087 • 512/239-1000 • Internet address: www.tnrcc.state.tx.us prinleJ on recycled Paper using 5~Y-baseJ Ink