0209041.12 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORLGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz OFFICE: Commissioners' Court MEETING DATE: February 9, 2004 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss accepting proposed Amended Water Availability regulations and set public hearing on same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Comm. Pct. #3 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. 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 area. 1.02. Water Availability Requirements: Any person fulfilling the requirements set forth below shall be deemed to have satisfied these Water Availability Requirements. Failure to satisfy the Water Availability Requirements shall result in the denial of approval of the plat. The requirements set forth herein are based on the best currently available knowledge of groundwater under Kerr County. The average family or household is assumed to be 2.8 persons and the average daily consumption is 200 gpd per person based on State of Texas population and demand analysis. Based on this information the intent of these water availability requirements is for, at a minimum, the surface area of each lot to provide enough annual recharge to equal the average annual per capita usage of water. 1.03. Acreage Requirements to meet Water Availability: The total number of lots permitted in any subdivision shall not exceed the total acreage in the subdivision divided by 5 acres. 1.04. 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. k(' 4uh Rules& Rees Re~isi~m ~'~'=~ ~