ORDER NO. X778 RPF'ROVE RESOLUTION FOR GROUNDWATER MANRGEMENT ARERS On this the c3r-d day of September, c@@', upon motion made by Commissioner Let z, seconded 6y Commissioner Williams, the Co~.lrt ~.~n animoi_isly approved by a vote of 4-@-@, to adopt the Resol~_ition as amended regarding the bo~_uidaries of Gro~_indwater Management Areas. 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 He (1FFICE: County Judge MEETING DATE: September 23, 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss adoption of Resolution regarding boundaries of Groundwater Management Areas. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge 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 prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ~6 ~ ~ ~ 78~ RESOLUTION OF THE KERR COUNTY COMMISSIONERS' COURT WHEREAS, The Texas Water Development Board (TWDB) was chazged with the responsibility of initially delineating Groundwater Management Areas by not later than September 1, 2003 and with future responsibilities concerning designation of Priority Groundwater Management Area (PGMA) by September 1, 2005, under S.B. 2 of the 77`~ Legislature, and WHEREAS, the TWDB, through the Texas Water Code, Chapter 35, is given guidance on factors for determining Groundwater Management Area boundazies, to the extent feasible, the Groundwater Management Area shall coincide with the boundaries, of an aquifer, though specifically mentioned for consideration aze the boundaries of political subdivisions with the objective of providing the most suitable aze for the management ofthe groundwater resources, and WHEREAS, political boundaries provide a easily defined and accepted boundaries, and WHEREAS, the Headwaters Groundwater Conservation District (District) is a political subdivision of the State of Texas created pursuant to Article XVI, Section 59, of the Texas Constitution by the Texas Legislature as a Groundwater Conservation District (GCD) who boundaries are conterminous with Ken County, and WHEREAS, the Texas Water Code, Chapter 35 states each Groundwater Management Area shall be designated with the objective of providing the most suitable azea for the management of the groundwater resources, and WHEREAS, the District was one of the original Groundwater Conservation Districts created within the Hffi Country PGMA in the eazly nineties along with Springhills Water Management District in Bandera County and Hill Country Underground Water Conservation District in Gillespie County, and WHEREAS, the established Groundwater Conservation Districts in the Hill Country have provided fair and equitable stewazdship of their mutual groundwater resources through years of actively seeking and implementing resource management through shared communication, information, data, management policies and philosophies between their respective counties, and WHEREAS, Ken• County is predornhiantly rural with strong historical and socioeconomic ties to the other rural agrarian communities located on the Edwazds-Trinity (Plateau) aquifer of the State of Texas, rather than more urban azeas located on and reliant upon the Trinity and Edwazds aquifers, and WHEREAS, the stacking of Groundwater Management Areas would be too complex to implement. THEREFORE, BE IT RESOLVED, the Kerr County Comrnissioners' Court requests that the Groundwater Management Area boundaries follow aquifers utilizing county boundaries, and take into consideration an aquifer's rechazge azea for inclusion into each Groundwater Management Area's boundazies. THEREFORE, BE IT FURTHER RESOLVED, the Kerr County Commissioners' Court requests that the TWDB utilize the County boundaries in delineating Groundwater Management Area boundaries. The Kerr County Commissioners' Court wishes to point out the need for delineation of Groundwater Management Area to follow county boundaries as a means of implementing equitable groundwater management practices, within established and accepted pohtical boundaries to allow for timely implementation and to avoid the ensuing confusion and possible legal implications that be created if counties aze divided into multiple Groundwater Management Areas. THEREFORE, BE IT FURTHER RESOLVED, the Kerr County Commissioners' Court requests the addition of Bandera, Blanco, Gillespie and Ken Counties to the Groundwater Management Area designated as the Edwards-Trinity (Plateau)-Area 7 as approved for publication by the TWDB's August 21, 2002 in the TWDB's Groundwater Management Area map delineated to follow the aquifers outcrop boundaries utilizing the Counties' boundaries. THEREFORE, BE IT FURTHER RESOLVED, the Ken County Commissioners' Court requests that the Groundwater Management Areas are not stacked. PASSED AND APPROVED by the Ken County Commissioners' Court on this date the 23~' of September, 2002. Frederick L. Henneke Kerr County Judge ~~C~L~~i. ~~'~.r~~~lld±-c~. H.A. "Buster" Baldwin Commissioner, P,~ecinct 1 Precinct 3 William H. Williams Commissioners, Precinct 2 ~~ ~ r Larry G ' Commissioner, Precinct 4