ORDER NO. 29541
KERR COUNTY WATER AVAILABILITY REQUIREMENTS
AND SET PUBLIC HEARING ON SAME
Came to be heard this the 23rd day of January, 2006, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Draft 012306A of the Kerr County Water Availability
Requirements, as a draft version for public comment, and set Public
Hearing for February 27, 2006 at 1:30 p.m.
~°I~y1
I ~ ~ ~ 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
MEETING DATE: January 23, 2006
OFFICE: Commissioner, Pct. 3
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on Kerr County Water
Availability Requirements and set Public Hearing on same.
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 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 eazliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
DRAFT 012306
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 sufffcient 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
set forth herein. 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 as set forth in Section 1.03
below shall be deemed to have satisfied these Water Availability Requirements.
Kerr County minimum countywide acreage requirements are based on current county
and regional data that is available. The minimum countywide acreage requirements are
based on an average family or household in rural azeas based on census data and an
average daily consumption that is reasonable for this county based on accepted regional
criteria. The minimum countywide acreage requirement standazd 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.
KC tiuh Rules' & Rces Revision Page I
The data and information considered in developing the minimum countywide acreage
requirements included but was not limited to:
Texas Water Development Boazd 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 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 areas is appropriate.
B. Monitor Well Requirements
Lack of data on the aquifers within Kerr County is a limiting factor in determining water
availability on a more localized basis throughout Kerr County and is a factor in developing
and adopting countywide acreage and lot size requirements. In an effort to improve ground
water models and water availability requirements the following shall be required:
All subdivisions where the total acreage in the subdivision is more than twenty acres
shall be required to provide a monitor well location within the central portion of the
subdivision. Such well location shall be a minimum of fifty feet by fifty feet in size and
shall be located within a road right-of--way in an area that is suitable for drilling a monitor
well. Headwaters Groundwater Conservation District (HGCD) shall be granted access to
such location. HGCD may waive this requirement by providing the developer with a letter
stating that a monitor well location is not required for subject subdivision.
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.
KC Sub Rules & Regs Revision Page 2
A. Total Number of Lots Permitted in a Subdivision to Meet
Water Availability Requirements where groundwater is the source of potable water. If
surface water is the source of potable water for the entire subdivision, then this "Section
A" is not applicable:
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 azea 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 azea 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 the Commissioner's Court on a case by case basis
based on the development plan.
4. One-half (1/4) 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
Density Development Area the subdivision shall
system. Kerr County has designated azeas of Ke
Density Development Areas.
Areas: To be classified as a High
have a community or public water
n• County as set forth below as High
KC Sub Rules & Rags Revision Pagc 3
1. The City of Kemille ETJ, subject to an inter-local
agreement with the City of Kemille.
2. The City of Ingram ETJ, subject to an inter-local
agreement with the city of Ingram.
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:
(I) 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:
"Ken 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."
KC Sub Rules ~ Regs Revision Page 4
C. All subdivision final plats shall contain the following certification
" (nameL_ Subdivision shall be limited to a maximum of (number lots
pursuant to Kerr County Water Availability Requirements"
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 & kegs Revision Pagc 5
~,.`'
Revised 10-05-05 ~?) ~~
~(C~[LL~
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FOR
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COMMENT S TO
Commissioners Court Meeting
1/23/06
For the Court's Consideration
Water Availability
The reason for my being here today is my concern relative to the proposed
Kerr County Water Availability Requirements that allows lots of less than 5
acres Such allowances are not compatible with sustaining the Aquifers in
Kerr County for the future.
THE AQUIFERS ARE THE SOURCE OF WATER FOR
EVERYONE IN KERR COUNTY.
While I recognize the need and importance of affordable housing/land and
economic development they are not the defining issues for the future of Kerr
County. The defining issue is the availability of water -- Water for public
consumption and river sustainability. It is therefore necessary that water
be managed in a sustainable manner for the future- 15 years, 50 years?
A wealth of aquifer "science," the State Water Plan existing and proposed,
and the lessons of history clearly show that aquifer water under at least 2
acres of land is required to support one person in a sustainable manner
at the demand rate defined in the proposed Order.
This fact was most clearly demonstrated in the 1970/s when the aquifer
under the City of Kerrville declined resulting in the aquifer being replaced
by the river as the primary source of water for the city. This decline
occurred during "normal conditions" not drought conditions. Annual supply
and demand data since then continue to verify the aquifers' capabilities.
I am concerned about:
• Allowing the number of lots (1.03.A.2. and 1.03.A.3.) in a
subdivision being anything more that the number of acres in the
subdivision divided by FIVE(5) regardless of whether the
water is extracted by individual wells or a community well.
The "High Density Development Area" defined in 1.03.A. and
expanded on in 1.03. B. that allows the number of lots to be equal
to acreage divided by two(2) and to include one and 1/2 acre lots --
Iassume this means land set asides. Regardless, such a demand
would certainly not be sustainable.
Such development in the areas designated will exacerbate
historically declining aquifer situations especially in and near
Kerrville and in the river corridor in the east county.
It should be noted that the City of Kerrville is, as defined by HGCD
permit and the Region J/State Water Plan, operating in a water deficit
during Drought of Record conditions - no river water -presently and
that Ken County is a Priority Groundwater Management Area.
Development, such as that proposed, that allows the water demand to
exceed the supply will certainly create local depletion zones and
compromise the county's future.
TWO OF THE QUESTIONS THAT MUST BE ANSWERED BEFORE
THIS ORDER IS PASSED ARE,
"WHEN DEMAND EXCEEDS SUPPLY AS IT DOES IN THE
ORDER WHERE IS THE WATER TO COME FROM?"
"WHO PAYS THE PRICE?"
I am recommending that the Court reconsider this proposed and any Water
Availability Requirements document that allows the water demand to exceed
supply
Thank You,
Paul M Siemers, III
195 Fallow Run SW
Hunt TX 78024