ORDER NO. 30144
RESOLUTION SUPPORTING LEGISLATION TO REMOVE
EXPIRATION DATE FROM PERMIT NO. 5394A
Came to be heard this the 12th day of February, 2007, with a motion made
by Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Resolution supporting proposed legislation to remove the
expiration date, Special Condition No. SE, from Permit No. 5394A, and
authorize forwarding same to the appropriate legislators.
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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: County Commissioner, Pct.3
MEETING DATE: February ] 2, 2007
TIME PREFERRED:
SUBJECT: (please be specific) Consider, discuss and take appropriate action to
approve a resolution supporting proposed legislation to remove the expiration date,
Special Condition No. 5E, from Permit No. 5394A and authorize forwarding same to
appropriate legislators.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING THE COURT: Comm. Letz, 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:
5:00 Y.M. on the Tuesday prior to the meeting.
THIS REQUEST RECEIVED BY:
REQUEST RECEIVED ON: (c~
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 your request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court, Court Order No. 25722.
X30144
RESOLUTION
A Resolution of Kerr County Commissioners' Court expressing support for Legislative Amendment
to Water Rights Permit NO. 5394A, held by the Upper Guadalupe River Authority.
WHEREAS The Upper Guadalupe River Authority (UGRA) is the holder of Water Rights
Permit No. 5394A (the Permit) issued by the predecessor agency to the Texas
Commission on Environmental Quality (TCEQ), which Permit authorizes UGRA
to divert not to exceed 2,000 acre feet of water per annum on a firm yield basis
from the Guadalupe River for beneficial use in Kerr County and for Aquifer
Storage and Recovery purposes in accordance with the terms and conditions
specified in the permit; and
WHEREAS Special Condition No. SE of the Permit requires UGRA to submit to TCEQ a
document requesting voluntary cancellation of any portion of the water rights
in the permit that is not included in a binding take-or-pay contract by December
31, 2010; and
WHEKEAS Termination of the permit or any water rights therein would not be in the best
interests of the citizens of Kerr county, and the Permit should not be subject to
different cancellation provisions than those set forth by general law that
otherwise apply to all water rights in the State of Texas; and
WHEREAS Representative Harvey Hilderbran has introduced House Bill No. 891 (HB 91)
during the 2007 Regular Legislative Session which, if enacted, would void
Special Condition No. SE of the Permit; now therefore be it
RESOLVED "chat Kerr County Commissioners' Court, by adoption of this Resolution, hereby
expresses its support for passage of HB No. 891, and reaffirms that the facts and
recitations expressed in the Preamble of this Resolution are true and correct, and
urges the 'Texas Legislature to pass any and all legislation required to delete
Special Condition No. SE from the Permit to ensure the continued availability of
water rights for the beneficial use of the citizens of Kerr County, Texas
ADOPTED THIS 12`h day of February, 2007
"Buster" Baldwin,
Jonathan
Precinct
Bruce Oehler, Commissioner
Precinct 4
Precinct 1 Precinct 2