0126041.19 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: January 26, 2004 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss Kerr County 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: Comm. Pct. #3 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 RECENED 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 towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 7 J!- .. ~L ._ .. Kerr Countv Judae/Commissioners' Court From: "John Letz" To: "Thea Sovil" Sent: Wednesday, January 21, 2004 6:52 AM Subject: Agenda Item Consider and Discuss Kerr County Water Availability Requirements. The Water Availability Requirements are "related" to the subdivision rules. I have placed on the agenda to discuss and see if any modifications are recommended. 1 /21 /2004 EXHIBIT "A" NO. 26748 A Certrf'ied Copy ,,~/'~~~,~ i ~.~' . "~ Attest: Jannett~ieperF.1~~~, q~ .' .. J '~~ ~ Kerr County Water Availability Requirements ~~=s'~;''~~ ~~ ~ ~~~~ ~~`': s ,,, ;,•,~ ~ ; S ~.,,,,. 1.00 An Order establishing Kerr County Water Availability Requirements for property located in Kerr County outside the city limits of an incorporated or chartered municipality. BE IT ORDERED and ADOPTED by the Commssioners Court of Kerr County, Texas: 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 Kerr 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 area. 1.02. Water Availability Requirements: It is hereby adopted by the Kea 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 and quality of water exists, meeting the standards established by the TNRCC and the provisions contained herein, 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 result 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 minimum, the surface area of each lot to provide enough annual recharge to equal the average annual per capita usage of water. L. o[L.~'."' 20 KC Sub Rules & Regs Revision Page 1 Br eputy ,. • .i A C@rtfied Copy, ~ ~ v ~' Wspe ~. of ~ ~ :, Attest: JRnrlott'i~ieper, Kerr County (~etlt ;. ~: 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 the principle source of water for the ~ 0 t `= public or community water system of the subdivision. 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 I S 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 Court 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 prolu'bition 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. 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: KC Sub Rulcs & Regs Revision Page 2 A VII llll~ ~ ~~ 1. n - t. J ~ Page ~ of ~~~ Attest: Jannett Pieper,-Kerr County Berk ~: y~ a. For a subdivision whose total acreage is 75 acres o~~.. ~ ~ ~~ less, submit to the Commissioners Court and/or the HUWCD the ~ •' . results from a pump test performed on test well that is reasonably ~`.; , c~ , ~; ;~ ' 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 more than 75 acres, submit to the Commissioners Court and/or the HUWCD the test results as descnbed 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 weIl in (a.) or (b.) above. The substituted well shall be within 1000 feet of a proposed test well site. The substituted web'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 E. 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. KC Sub Rules & Regs Revision Page 3 ,~~ s i# I i :~: • .: ,hl:l.7~~. ~ c- A CertAied Copy . • • a• . Attest ~~.' .•;1•;. ~., Jannett Pr~,udr,.K~rr.CouMj, Cler_, .~ _ (2) Sufficiency of Water: ~ " . • r 1 •• ~ In addition to the test results required above, submit to theJ ~ ~ ~} • Commssioners Court either (a) a certificate from a regLStered professional engineer licensed in the State of Texas or a certified k geologist, (ie. AAPG. CPG, American Institute of Professional t Geologists) that, based upon the pump test results and any other ~ information available (which information shall be detailed), it is the opinion of such individual that sufficient groundwater exists ~` beneath such subdivision of a quality adequate for the use of the ~, persons purchasing tracts in such subdivision, or (b) a letter from ~ the HUWCD that, based upon the pump test results and other information available to the H[TWCD, sufficient groundwater exists beneath such subdivision of a quality adequate for the use of the persons purchasing tracts in such subdivision. Sufficient quantity of water shall be defined as meeting or exceeding a well(s) production capacity of at a minimum of 8- '~ l Ogpm based on the testing requirements contained herein. (3) If the developer is unable to obtain the certificate that water of sufficient quantity and quality exists or the Commissioners Court receives a letter from the HUWCD that sufficient water is not available, the Commissioners Court shall deny that specific plat request. (4) The developer shall provide to each purchaser or potential purchaser of a tract located in the subdivision with a sumrnary of the water quality and quantity test results prior to concluding the sale of any tract. (5) HUWCD shall have the right to charge any developer a fee for evaluating the results of the pump tests and providing the results of that evaluation to the Commissioners Court. The de~:~er!! to which this affixed is a full, true and cor the ordinal on the and of rep office. ATTEST: i Jannett Pieper,. u e~ Kett CQut~ty, Ted" `• . ._,~ .. ~•,.,.,r,. - v- - V ~ _, `. ;.~ ~ ~ ,~, ~.~ t~ -t . KC Sub Exemptions: Section 1.05 (Individual Water Wells) of these Water Availability Requirements shall not apply to any plat if (a) The minimum lot size for any lot within such subdivision is 15 acres or more and.not more than one well may be drilled on any lot; or L (b) The maximum number of lots in the subdivision does not exceed five (5) lots and not more than one well may be drilled on any lot; or Revision Page 4