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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
MEETING DATE: April 1 I, 2005
OFFICE: Commissioner, Pct. 3
TIME PREFERRED:
SUBJECT: Consider and discuss Water Availability Requirements.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 3
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 SS l 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 towards you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
I will provide additional handouts at the meeting concerning Water Availability
Requirements.
#3

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-- COMMISSIONERS COURT ORDER NUMBER # 26745
Kerr County Water Availability Requirements
1.00 An Order establishing Kerr County Water Availability
Requirements for property located in Ken County outside the city limits of an
incorporated or chartered municipality.
BE IT ORDERED and ADOPTED by the Commissioners Court of Kerr
County, Texas:
1.01. General: Ken 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
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 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.
~Z
KC Sub Rules & Regs Revised 6J10/02 Page 1
~--- 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
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 16 or more 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 15 or less connections,
the developer shall present a letter from the HGCD in satisfaction of these Water
Availability requirements stating that the HGCD has reviewed the plans and
specifications for the proposed system along with any technical data required by the
HGCD 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 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 HGCD.
1.05. Individual Water We1Ls: 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) Weil Testing:
KC Sub Rules & Regs Revised 6J10/02 page 2
~- a. For a subdivision whose total acreage is 75 acres or
less, submit to the Commissioners Court and/or the HGCD 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 aze 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 HGCD the
test results as described in Subsections (1) and (2) above from two
test wells that aze 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 E. coli.
d. Submit to the Commissioners Court and/or the
HGCD a map of the proposed subdivision showing the location
of the test well(s) and any other existing wells located on such
ProP~'•
KC Sub Rules & Regs Revised 6/10/02 Page 3
(2) Sufficiency of Water:
In addition to the test results required above, submit to the
Commissioners Court either (a) a certificate from a registered
professional engineer licensed in the State of Texas or a certified
geologist, (i.e. AAPG. CPG, American Institute of Professional
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 HGCD that, based upon the pump test results and other
information available to the HGCD, 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 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 HGCD 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
summary of the water quality and quantity test results prior to
concluding the sale of any tract.
(5) HGCD 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.
1.06. Exemptions: These Water Availability Requirements shall not
apply to any plat if:
(a) The minimum lot size for any lot within such subdivision
is l5 acres or more and not more than one well may be drilled on
any lot; or
(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
KC Sub Rules & Regs Revised 6/10/02 Page 4
..._. (c) If the plat is revised and the number of lots within the
subdivision, after taking into account the plat revision, does not
exceed the original number of lots by more than twenty percent
(20%).
1.07. No Warranties: Approval of any plat based upon meeting
the Water Availability Requirement shall not constitute a warranty by the Commissioners
Court as to the quantity or quality of groundwater available.
KC Sub Rules 19~ Regs Revised 6/10/02 Page 5
r Q~,r y /, i~l os
COMMISSIONERS COURT ORDER NUMBER
Kerr County Water Availability Requirements
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 Commissioners Court of Kerr
County, Texas:
1.01. General: Ken County has been designated as a county within a
Priority Groundwater Management Area by the State of Texas. Therefore, pursuant to
Chapter 3S, 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: 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 based on the Texas Water Development Board (TWDB)
State Water Plan of Texas, The Plateau Water Planning Group -Region (J) Regional
Water Plan, the TWDB Groundwater Availability Models for the Trinity Aquifer and the
Edwards-Trinity Aquifer and Headwaters Groundwater Conservation District Rules and
Regulations. 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.
1.03. Acreage Requirements to meet Water Availability: Total
Number of Lots Permitted in a Subdivision to Meet Water Availability Requirements:
1. The total number of lots permitted in any subdivision that uses
individual water wells as the source of potable water shall not exceed the total acreage in
the subdivision divided by five (5) acres.
2. The total number of lots permitted in any subdivision that uses a
community water system as the source of potable water shall not exceed the total acreage
in the subdivision divided by three (3) acres unless the subdivision is located within a
area designated by the Commissioners Court as a High Density Development Area.
KC Sub Rules & Regs Revision Page 1
3. The total number of lots permitted in any subdivision in an area
designated as a High Density Development Area shall not exceed the total acreage in the
subdivision divided by two (2) .
1.04. Public or Community Water Systems:
(1) Systems with more than Fifteen (15) Connections.
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 Commission on Environmental Quality (TCEQ) 30 TAC Chapter
290. If the public or community water system will have more than fifteen (15)
connections, the developer shall submit to the Commissioner's Court in satisfaction of the
Water Availability Requirements a letter or other document from TCEQ approving the
plans and specifications of the proposed water system and a letter or other document
stating that the proposed water system has sufficient capacity to serve the proposed
connections.
(2) Systems with Fifteen {15) or Less Connections.
If the public or community water system will have fifteen (15) or less
connections, the developer shall submit to the Commissioner's Court in satisfaction of
the Water Availability Requirements a letter or other document from a engineer licensed
in the State of Texas knowledgeable in designing public or community water systems,
approving the plans and specifications of the proposed water system and a letter or other
document stating that the proposed water system has sufficient capacity to serve the
proposed connections.
1.05. No Warranties: Approval of any plat based upon meeting
the Water Availability Requirement shall not constitute a warranty by the Commissioners
Court as to the quantity or quality of groundwater available.
KC Sub Rules & Regs Revision Page 2