ORDER NO. 31566 WITHDRAW APPEAL TO THE TEXAS WATER DEVELOPMENT BOARD (TWDB) ON THE DFC'S SET BY GMA9 FOR THE HICKORY AND ELLENBERGER AQUIFERS Came to be heard this the 14th day of December, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve withdrawing the Appeal to the Texas Water Development Board (TWDB) on the DFC's set by GMA9 as originally set for the Hickory and Ellenberger Aquifers, based on their action of November 30, 2009, with no impact on the Appeal for the Edwards- Trinity Aquifer. ~.. s 3isb~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Commissioner Letz MEETING DATE: December 14, 2009 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on withdrawing the appeal to the Texas Water Development Board on the DFC's set by GMA9 for the Hickory and Ellenberger aquifers. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Letz 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 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. 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. OFFICE: County Commissioner Groundwater Management Area # 9 Joint Planning Meeting Minutes of the Monday, November 30, 2009 - 10:00 a.m. Meeting Upper Guadalupe River Authority Auditorium, 125 Lehmann Dr. Kerrville, Texas Monday, November 30, 2009 10:00 a.m. 1. Call to Order. Ronald G. Fieseler, GMA 9 Coordinator called the Meeting to Order at approximately 10:05 am. Z. Introduction of Member District Representatives and other meeting attendees. The GMA 9 Committee Members introduced themselves and other attendees were recognized or introduced themselves. Committee Members attending were: David Jeffery - Bandera River Authority and Groundwater District Neill Binford -Blanco Pedernales Groundwater Conservation District Mary Ellen Summerlin -Headwaters Groundwater Conservation District Doug Wierman -Hays Trinity Groundwater Conservation District Jorge Gonzalez -Trinity Glen Rose Groundwater Conservation District Brian Hunt -Barton Springs/Edwards Aquifer Conservation District Tommy Mathews -Cow Creek Groundwater Conservation District 3. Public Comment Dick Connors asked that the TWDB incorporate a statement of confidence levels used in GAM runs and MAG statements. Jonathan Letz stated that the Kerr County Commissioners Court was supportive of the proposed agenda item and motion clarifying the August 29, 2008 Resolution and that the Court plans to consider an agenda item to withdraw their petition appealing the DFCs set for the Ellenburger and Hickory Aquifers. Gene Williams introduced Stuart Barron, City of Kerrville Water and Wastewater Manager. 4. Discussion and possible action to clarify language on GMA 9 RESOLUTION # 082908-O1. The clarification under consideration is that the DFCs approved by GMA 9 under the above referenced Resolution for the Ellenburger, Hickory, and Marble Falls aquifers were intended to apply only to Blanco County and, since there are no known wells producing groundwater from those aquifers in the rest of GMA 9, that these three aquifers are considered by GMA 9 to be not relevant at this time for areas of GMA 9 outside of Blanco County and consequently do not require the designation of any DFCs by GMA 9 or the development of MAG quantities by the TWDB. Following discussion by the GMA 9 Committee and after giving due consideration to public comments and TWDB comments, Doug Wierman made the following motion: "I move that the GMA 9 Committee hereby clarifies that the language used in GMA 9 Resolution # 082908-01 had the following intent: that the DFCs approved by GMA 9 in GMA 9 Resolution # 082908-01 for the Ellenburger, Hickory, and Marble Falls aquifers were intended to apply only to Blanco County and, since there are no known wells producing groundwater from those aquifers in the rest of GMA 9, that these three aquifers are considered by GMA 9 to be not relevant aquifers at this time for areas of GMA 9 outside of Blanco County and consequently do not require the designation of any DFCs by GMA 9 or the development of MAG quantities by the TWDB." The motion was seconded by Mary Ellen Summerlin. The motion was approved by a vote of 7 ayes, 0 nays, and 0 abstentions. 5. Recess Meeting to prepare and print Minutes of this meeting. The Meeting was recessed at 10:26 a.m. in order to prepare and print the Minutes. 6. Return to Open Meeting following the Recess The Meeting returned from recess to open session at 10:40 a.m. 7. Discussion and possible action on the Minutes of the November 2, 2009 GMA 9 Meeting, the Minutes of this meeting and, if approved, followed immediately by Adjournment. Following a brief discussion, Tommy Mathews moved to approve the Minutes of the Draft November 2, 2009 GMA 9 Meeting with corrections and the Draft November 30, 2009 Meeting with corrections; and adjourn the November 30, 2009 GMA 9 Meeting. This motion was seconded by David Jeffery. The motion was approved by a vote of 7 ayes, 0 nays, and 0 abstentions and the Meeting was adjourned at 10:48 a.m. Attest: ~_ Ronald G. Fieseler Attest: (i Mary Ellen Summerlin