ORDER NO. 29747
REAFFIRM KERB COUNTY WATER AVAILABILITY
REQUIREMENTS
Came to be heard this the 26th day of June, 2006, with a motion made by
Commissioner Letz, seconded by Commissioner Nicholson. The Court
unanimously approved by vote of 3-0-0 to:
Give final approval of the Kerr County Water Availability Requirements.
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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
MEETING DATE: June 26, 2006
OFFICE: Commissioner, Pct. 3
TIME PREFERRED:
SUB7ECT: Consider, discuss and take appropriate action to reaffirm 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: 5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
a9~y~

AlI 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 your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
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
set forth herein. Failure to satisfy the Water Availability Requirements shall result in the
denial of approval of the final 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.
Ken 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 areas 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 Edwazds -Trinity
Aquifer and the Trinity Aquifer and maintaining adequate spring flow to maintain the
base flow in Guadalupe River and its tributaries.
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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 include 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 aze 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 or other sources of water than ground 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 seventy-five
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 adjacent to the a road right-of--way in an area that is suitable for drilling a
monitor well. Headwaters Groundwater Conservation District (HGCD) shall be deeded in
fee simple ownership to such location. HGCD shall drill such monitor well within two
years of the date of final plat approval and shall be responsible for the maintenance of such
monitor well location lot. 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:
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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 Pernutted in a Subdivision to Meet
Water Availability Requirements: This section is applicable 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, public or shazed water system that uses groundwater
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. No
individual wells shall be permitted on any lot or any other location in the subdivision
developed under this pazagraph.
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) . No
individual wells shall be permitted on any lot or any other location in the subdivision
developed under this paragraph.
Total acreage in a subdivision is defined as the total gross acreage within the subdivision
boundary and includes all lots, roads, drainages structures, parks, utility and other
easements, and all other acreage in the subdivision.
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, public or
shared 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 or
served by 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. No individual wells shall be permitted on any lot or any other location in the
subdivision developed under this paragraph. Note the balance of the acreage in the
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subdivision not used for lots may be used for roads, drainage structures, parks, utility or
other easements, or any other use other than lots.
3. One-half (1/4) acre for lots to be served by a community,
public or shazed 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. No individual wells shall be pemutted on any lot or any
other location in the subdivision developed under this paragraph. Note the balance of the
acreage in the subdivision not used for lots may be used for roads, drainage structures,
pazks, utility or other easements, or any other use other than lots.
C. High Density Development Areas: To be classified as a High
Density Development Area the subdivision shall have a community, public or shazed
water system. Kerr County has designated areas of Kerr County as set forth below as
High Density Development Areas.
1. Center Point Area - defined as an area within a one and
one-half (1 1/2) mile radius of the intersection of FM 1350 (China Street) and FM 480.
2. Comfort Area - defined as an azea within a one (1) mile
radius of the intersection of State Highway 27 and Hermann Sons Road.
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 water 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.
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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 Ken
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."
C. All subdivision final plats shall contain the following certification
" (name) Subdivision approved (date) 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
quanfity or quality of groundwater available.
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