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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Jonathan Letz OFFICE: Commissioner, Pct. 3
MEETING DATE: November 14, 2005 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on Kerr County 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 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.
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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.
DRAFT 111305
COMMISSIONERS COURT ORDER NUMBER
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: 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: 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.
Based on the data and information contained in the following:
Texas Water Development Board State (TWDB), State Water Plan of Texas;
The Plateau Water Planning Group -Region J, approved and proposed Regional
Water Plan;
TWDB Groundwater Availability Model for the Trinity Aquifer
TWDB Groundwater Availability Model for the Edwards - Trinity Aquifer;
Headwaters Groundwater Conservation District, Rules and Regulations;
Kerr County Water Availability Requirements aze based on county and regional data that
is currently available. Complying with these requirements does not insure the developer
or prospective lot owner that adequate groundwater is available under any subdivision or
lot. Kea County Water Availability Requirements do not reflect other requirements that
may be placed on water usage by other entities.
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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. 5ustainability of the Edwazds -Trinity Aquifer and the Trinity Aquifer were
taken into consideration. Maintaining adequate spring flow to maintain the base flow in
Guadalupe River and its tributaries were also considered.
Community water systems will more than likely be subject to additional monitoring by
HGCD and TCEQ. For this reason there is a lesser acreage requirement for subdivisions
that utilize community water systems.
The High Density Development Areas are located in azeas where surface water is currently
being used to meet a portion of the water demand or in azeas where there is a reasonable
likelihood that surface water will be available in the future. For these reason a lesser
acreage requirement for subdivisions in these azeas is appropriate.
1.03. Acreage Requirements to meet Water Availability:
A. 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 as defined in 1.03.C.
3. The total number of lots permitted in any
subdivision in an area designated as a High Density Development Area as defined in
1.03.C. shall not exceed the total acreage in the subdivision divided by two (2) .
B. The Minimum Lot Size Requirement to Meet Water
Availability Requirements, the Current Order for Rules of Kerr County, Texas for On-
site Sewage Facilities, if applicable; TCEQ Rules and Regulations, if applicable; and
Rules and Regulations of HGCD, if applicable:
1. Five (5) acres for lots where an individual water well is
planned to be the source of potable water and an on-site
sewage facility is located.
2. One (1) acre for lots served by community or public water
systems and served by OSSF if such OSSF can be installed
in compliance with the current Order for Rules of Kerr
County, Texas for On-site Sewage Facilities.
3. One (1) acre for lots to be served by a community or
public water system and a community sewage collection
system.. Lesser acreage requirements may be approved by
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the Commissioner's Court on a case by case basis based on
the development plan.
4. One-half (1/2) acre for lots to be served by a community or
public water system and a community sewage collection
system and the subdivision is located in a designated High
Density Development Area. Lesser acreage requirements
may be approved by the Commissioner's Court on a case
by case basis based on the development plan.
C. High Density Development Areas: To be classified as a High
Density Development Area the subdivision shall have a community or public water
system and a community sewage collection system. Ken County has designated areas of
Kea County as set forth below as High Density Development Areas.
1. The City of Kerrville ETJ.
2. The City of Ingram ETJ.
3. Center Point Area -defined as an area within a one (1)
mile radius of the intersection of State Highway 27 and FM 480.
4. Comfort Area - defined as an azea within a one (1) mile
radius of the intersection of State Highway 27 and Broadway Street. Note this
intersection is within Kendall County.
A water utility and a waste water disposal plan must be submitted and approved by a
licensed engineer. Such plan shall include an analysis of groundwater availability and
quality and shall meet all TCEQ Rules and Regulations, if applicable; and Rules and
Regulations of HGCD, if applicable:
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 cuaent 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 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 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.
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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.
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