11~go51_ ~-
1 ' l ~ COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Jonathan Letz OFFICE: Commissioner, Pct. 3
MEETING DATE: November 28, 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.

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.
Will receive input and comments from Commissioners and others.
DRAFT 112805
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: 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 azea.
1.02. Water Availability Requirements:
All subdivisions in Kerr County where preliminary plat approval is granted after the
approval date of these Water Availability Requirements shall comply with the provisions
of Section 1.02.A. or Section 1.02.B. as set forth below.
Failure to satisfy the Water Availability Requirements shall result in the denial of
approval of the plat
A. Minimum Countywide Acreage and Lot Size Requirements.
A subdivision that meets the minimum acreage requirements asset forth in Section 1.03
below shall be deemed to have satisfied these Water Availability Requirements.
Kerr County minimum countywide acreage requirements aze based on current county
and regional data that is available. The minimum countywide acreage requirements aze
based on the assumption that an average family or household is 2.8 persons and the
average daily consumption is 200 gpd per person. The minimum countywide acreage
requirement standard is further based on the State of Texas population and demand
analysis; sustainability of the Edwards -Trinity Aquifer and the Trinity Aquifer and
maintaining adequate spring flow to maintain the base flow in Guadalupe River and its
tributaries.
RC Sub Rules & Regs Revision Page 1
The data and information considered in developing the minimum countywide acreage
requirements included but was not limited to:
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 Edwazds -Trinity Aquifer;
Headwaters Groundwater Conservation District, Rules and Regulations;
Kerr County OSSF Rules and Regulations
Complying with these requirements does not insure the developer or prospective lot owner
that adequate groundwater is available under any subdivision or lot.
Kerr County Water Availability Requirements do not reflect other requirements that may
be placed on water usage by other entities. Headwaters Groundwater Conservation District
(HGCD) may set pumping limitations on certain aquifers within Kerr County and such
limitations may limit the amount of groundwater available in subdivisions or individual
subdivision lots.
Community water systems will be subject to additional monitoring and testing 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 areas 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.
B. Individual Subdivision Water Availability
The owner or developer of a subdivision may, at its option, elect to satisfy Kerr County
Water Availability Requirements according to the terms set forth under rules and
regulations of the Texas Commission on Environmental Quality 30 TAC Chapter 230
"Groundwater Availability Certification for Platting" (230.1 - 230.11). Should the owner
or developer elect this option subject subdivision:
1. Shall not be subject to the acreage requirements set forth in
Section 1.03 and shall be subject to the water availability requirements and certifications
set forth under rules and regulations of the Texas Commission on Environmental Quality
30 TAC Chapter 230 "Groundwater Availability Certification for Platting" (230.1 -
230.11).
2. HGCD shall be designated by Kerr County to review and
approve the "Groundwater Availability Certification for Platting"asset forth under rules
and regulations of the Texas Commission on Environmental Quality 30 TAC Chapter 230.
3. HGCD may grant greater pumping limits than the
countywide HGCD pumping limits based on the results of the Water Availability Study
set forth under rules and regulations of the Texas Commission on Environmental Quality
30 TAC Chapter 230.
KC Sub Rules & Regs Revision Page 2
1.03. Acreage Requirements to meet Water Availability: The requirements set forth
in Section 1.03.A. and Section 1.03.B. both must be complied with the to satisfy the
requirements of Kerr County 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:
I. 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 (I) 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 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. Kerr County has designated areas of
Kerr 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.
KC Sub Rules & Regs Revision Page 3
4. Comfort Area -defined as an area 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 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 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.
1.05. Plat Certification:
A. All subdivision final plats shall contain the following certification:
"Kerr County Commissioner's Court does not certify that complying with Kerr
County Water Availability Requirements insures the developer or prospective lot owner
that adequate groundwater is available under any subdivision or lot "
B. All subdivision final plats where lots aze served by a community water
systems shall contain the following certification:
"Individual water wells shall not be permitted on any lot in this subdivision."
1.06. 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 4