Serving Kerr County with a Conscience
HGCD
Geology of Correlative Rights
11/09/2011 09:03
Whose water is it? What's it worth? Well owners rights, new laws and the reality of geology. Click this link for the informative article Geology of Correlative Rights.
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Editorial: SENATOR TROY FRASER REPORTS ON THE DROUGHT HEARINGS
11/07/2011 12:56
Editorial: SENATOR TROY FRASER REPORTS ON THE DROUGHT HEARINGS
The first half of the morning was taken up with Ray Buck giving a presentation on UGRA’s current programs and their strategic planning. I have a copy of this presentation and if anyone wants it, I will scan it and email it to you. Then the UGRA went into Executive Session for a legal issue.
I understand that the results of the Executive Session will be made known at the next UGRA meeting, but they began talking about retail systems, which led to the Kerrville South Sewer System, and one of the board members then said they “did not want to spend $15,000 of taxpayer money,” so it appears that they voted down paying for a $15,000 environmental study for one of Letz’s proposed sites for the new Water/Wastewater facility, across from the ballpark as you enter Center Point on Highway 27, coming from the west. Later in the conversation someone added, in a discussion of their water/wastewater goals, that they would “divest ourselves of Kerrville South,” and again mentioned “seed money for $15,000,” so I believe that means that they have made a decision about their involvement in that project, it may be in the paper today, I haven’t looked yet.
At lunch, Senator Troy Fraser was on the agenda, to discuss the recent drought hearings they had in Austin, where the state invited all of the water agencies to give testimony on the drought and its local effects. I think I am right in saying that representatives from our water conservation agencies did not attend. Sen. Fraser said the following, and I am paraphrasing:
1. This time next year, if the drought continues, Midland-Abilene-Odessa will be out of water. Right now, they are trying to buy groundwater, which will start “water wars” between the areas that need to buy and the sources of water.
2. Sen. Fraser is Chair of the Natural Resources Committee, and recently sponsored legislation that basically said that if a private party has water under their land, this law gives them the right to drill a well for that water, but whether they are able to utilize the well and how much water they are able to take will be up to the local water conservation agency.
3. The State Climatologist says that we are in Year Two of a NINE year drought.
4. This summer was the hottest recorded temperatures, day after day, in TX and OKLA, since they have started to record temperatures 12 years ago.
5. This summer was the driest in recorded history in Texas.
6. We are now at a point that we are the lowest in water reserves, in TX, since we started recording.
7. Lake Travis, that provides water for Austin-- this time next year, it will be dry. LCRA is at Severe stage, 100,000 acre feet away from Critical; they expect that they will hit the
“Critical” stage by March; right now conservation is voluntary, it will be mandatory…I don’t think he said exactly when that was predicted to happen.
8. Down on the Brazos, Dow Chemical has Senior Water Rights which they want to exercise. Fraser has asked TCEQ, “Have you the authority to say, “No” to Dow Chemical, if it comes to the point that it’s either water for Dow Chemical or water for people living in Belton?” and TCEQ’s answer is “We don’t know.” Fraser said that the entire Senior Water Rights system is “going to be looked at”—ending with, “How can Senior Water Rights be treated when you are looking at human consumption?”
9. Beef is going to go sky high, since everyone had to sell out their cattle herds, there will be no calves for feed lot operations, and none in New Mexico, either.
10. The drought has destroyed the pecan industry: in San Saba, 25,000 pecan trees have died, and it takes years for these trees to mature to the point of producing pecans; in Fredericksburg, the same thing has happened to the peach trees.
11. Wildfires are a major threat, especially in the Hill Country, which in some parts are covered with cedar; these cedar are dying, creating a fire hazard. There have been 2,867 homes in Texas destroyed by fire so far. The budgets of volunteer fire departments have been depleted, and they have no money. He said, “We need to get volunteer fire departments more money.” Along with this subject, Sen. Fraser said that our area was of special concern to him because of the absentee ownership here—that cedar clearing was not happening, and it was so important to keep all brush etc. away from a residence.
12. Senator Fraser said, “The Edwards Aquifer is not in great shape—Grosbeck has been out of water for three weeks.” He also said that Windermere, on the other side of Boerne is out of water, and the City of Llano is almost out of water.
13. Power is going to be a major problem, since the Federal government will not let the State use some of their coal-burning plants, because they create pollution in Michigan. They discussed the fact that there is probably going to be a program initiated where some days, some hours, the power will be off. He also said that he is talking to the utility companies, and they are going to have to come up with a DRY cooling system—the utilities now depend on water, lots of water.
14. Sen. Fraser said: “Here in the Hill Country, growth revolves around water, and there isn’t enough water.”
15. Scott Parker said that we have only had 8” of rain for 2011—and Commissioner Letz said that some areas had not received that.
16. Representatives from the City of Kerrville stated that the decisions about how much water the City could take from the Guadalupe River, made by the Water Master, appeared to be somewhat arbitrary, and that they would like the Water Master’s process to be backed up with more scientific fact. They also stated that the City of Kerrville had 800 million stored, now they have 600 million. They also pointed out that the Water Master’s office has recently undergone some changes, and there is a new head of that office. Sen. Fraser responded by saying that the river between Comfort and Canyon Lake went dry, with no flowing water—and the question has been asked, “Why does the City of Kerrville get any water, if the river is not flowing?”
17. There is an amendment currently up, to be voted on next Tuesday—and if the Amendment does not pass, the Texas Water Development Board will be out of money next year. And current polls predict that the amendment will NOT pass.
18. Another problem, Senator Fraser said, is high schools and other educational institutions use water for their playing fields—and since there isn’t any water for this, they are all clamoring to drill wells to make their football fields green. And along with the football fields/school issues, this same problem applies to golf courses. He implied that this too was going to have to change.
19. Fracking: right now, fracking for gas uses huge amounts of water—Senator Fraser said that they “cannot use water to frack.” He said that right now the frackers are exempt from reporting requirements to local water conservation agencies, as to how much water they are using and where they are getting it, and he said, “That is going to change.” He added that there was a “new play over toward Uvalde” and that water was going to be a problem.
Senator Fraser said, to the audience composed of UGRA board and staff; HGCD board; the Mayor, City Manager, and Water/Wastewater Manager of the City of Kerrville; Commissioners Overby and Letz; and one private Kerr County resident, namely me: “I want everyone talking to each other.”
Personally, I think Senator Fraser is a very brave man, to face these issues head-on, and say, unequivocally, that steps are going to be taken, and changes are going to be made. These changes are going to be politically hard to accomplish. He is running for re-election.
Mary J. Matthews for Kerr County Conscience-November 4, 2011
The first half of the morning was taken up with Ray Buck giving a presentation on UGRA’s current programs and their strategic planning. I have a copy of this presentation and if anyone wants it, I will scan it and email it to you. Then the UGRA went into Executive Session for a legal issue.
I understand that the results of the Executive Session will be made known at the next UGRA meeting, but they began talking about retail systems, which led to the Kerrville South Sewer System, and one of the board members then said they “did not want to spend $15,000 of taxpayer money,” so it appears that they voted down paying for a $15,000 environmental study for one of Letz’s proposed sites for the new Water/Wastewater facility, across from the ballpark as you enter Center Point on Highway 27, coming from the west. Later in the conversation someone added, in a discussion of their water/wastewater goals, that they would “divest ourselves of Kerrville South,” and again mentioned “seed money for $15,000,” so I believe that means that they have made a decision about their involvement in that project, it may be in the paper today, I haven’t looked yet.
At lunch, Senator Troy Fraser was on the agenda, to discuss the recent drought hearings they had in Austin, where the state invited all of the water agencies to give testimony on the drought and its local effects. I think I am right in saying that representatives from our water conservation agencies did not attend. Sen. Fraser said the following, and I am paraphrasing:
1. This time next year, if the drought continues, Midland-Abilene-Odessa will be out of water. Right now, they are trying to buy groundwater, which will start “water wars” between the areas that need to buy and the sources of water.
2. Sen. Fraser is Chair of the Natural Resources Committee, and recently sponsored legislation that basically said that if a private party has water under their land, this law gives them the right to drill a well for that water, but whether they are able to utilize the well and how much water they are able to take will be up to the local water conservation agency.
3. The State Climatologist says that we are in Year Two of a NINE year drought.
4. This summer was the hottest recorded temperatures, day after day, in TX and OKLA, since they have started to record temperatures 12 years ago.
5. This summer was the driest in recorded history in Texas.
6. We are now at a point that we are the lowest in water reserves, in TX, since we started recording.
7. Lake Travis, that provides water for Austin-- this time next year, it will be dry. LCRA is at Severe stage, 100,000 acre feet away from Critical; they expect that they will hit the
“Critical” stage by March; right now conservation is voluntary, it will be mandatory…I don’t think he said exactly when that was predicted to happen.
8. Down on the Brazos, Dow Chemical has Senior Water Rights which they want to exercise. Fraser has asked TCEQ, “Have you the authority to say, “No” to Dow Chemical, if it comes to the point that it’s either water for Dow Chemical or water for people living in Belton?” and TCEQ’s answer is “We don’t know.” Fraser said that the entire Senior Water Rights system is “going to be looked at”—ending with, “How can Senior Water Rights be treated when you are looking at human consumption?”
9. Beef is going to go sky high, since everyone had to sell out their cattle herds, there will be no calves for feed lot operations, and none in New Mexico, either.
10. The drought has destroyed the pecan industry: in San Saba, 25,000 pecan trees have died, and it takes years for these trees to mature to the point of producing pecans; in Fredericksburg, the same thing has happened to the peach trees.
11. Wildfires are a major threat, especially in the Hill Country, which in some parts are covered with cedar; these cedar are dying, creating a fire hazard. There have been 2,867 homes in Texas destroyed by fire so far. The budgets of volunteer fire departments have been depleted, and they have no money. He said, “We need to get volunteer fire departments more money.” Along with this subject, Sen. Fraser said that our area was of special concern to him because of the absentee ownership here—that cedar clearing was not happening, and it was so important to keep all brush etc. away from a residence.
12. Senator Fraser said, “The Edwards Aquifer is not in great shape—Grosbeck has been out of water for three weeks.” He also said that Windermere, on the other side of Boerne is out of water, and the City of Llano is almost out of water.
13. Power is going to be a major problem, since the Federal government will not let the State use some of their coal-burning plants, because they create pollution in Michigan. They discussed the fact that there is probably going to be a program initiated where some days, some hours, the power will be off. He also said that he is talking to the utility companies, and they are going to have to come up with a DRY cooling system—the utilities now depend on water, lots of water.
14. Sen. Fraser said: “Here in the Hill Country, growth revolves around water, and there isn’t enough water.”
15. Scott Parker said that we have only had 8” of rain for 2011—and Commissioner Letz said that some areas had not received that.
16. Representatives from the City of Kerrville stated that the decisions about how much water the City could take from the Guadalupe River, made by the Water Master, appeared to be somewhat arbitrary, and that they would like the Water Master’s process to be backed up with more scientific fact. They also stated that the City of Kerrville had 800 million stored, now they have 600 million. They also pointed out that the Water Master’s office has recently undergone some changes, and there is a new head of that office. Sen. Fraser responded by saying that the river between Comfort and Canyon Lake went dry, with no flowing water—and the question has been asked, “Why does the City of Kerrville get any water, if the river is not flowing?”
17. There is an amendment currently up, to be voted on next Tuesday—and if the Amendment does not pass, the Texas Water Development Board will be out of money next year. And current polls predict that the amendment will NOT pass.
18. Another problem, Senator Fraser said, is high schools and other educational institutions use water for their playing fields—and since there isn’t any water for this, they are all clamoring to drill wells to make their football fields green. And along with the football fields/school issues, this same problem applies to golf courses. He implied that this too was going to have to change.
19. Fracking: right now, fracking for gas uses huge amounts of water—Senator Fraser said that they “cannot use water to frack.” He said that right now the frackers are exempt from reporting requirements to local water conservation agencies, as to how much water they are using and where they are getting it, and he said, “That is going to change.” He added that there was a “new play over toward Uvalde” and that water was going to be a problem.
Senator Fraser said, to the audience composed of UGRA board and staff; HGCD board; the Mayor, City Manager, and Water/Wastewater Manager of the City of Kerrville; Commissioners Overby and Letz; and one private Kerr County resident, namely me: “I want everyone talking to each other.”
Personally, I think Senator Fraser is a very brave man, to face these issues head-on, and say, unequivocally, that steps are going to be taken, and changes are going to be made. These changes are going to be politically hard to accomplish. He is running for re-election.
Mary J. Matthews for Kerr County Conscience-November 4, 2011
***TAXPAYER WATER ALERT***
10/17/2011 21:05
A public hearing is scheduled for Wednesday, October 19 to gain public opinion on Headwaters Groundwater Conservation District board member Pratt's proposal to switch the cost of well sample collection and analysis from new subdivision drillers to the HGCD thus the taxpayers of Kerr County.
Attention Private Well Owners: Calls to Kerr County Conscience indicate a continuing pattern of misinformation by the usual suspects i.e. a few unscrupulous developers, realtors and investors in Kerr County. The unfortunate pattern is to convince private well owners the HGCD is trying to meter, regulate pumping or assess fees to current or new private wells. That is not the issue.
The Issue: If Mr. Pratt's proposal passes the cost of well samples and analysis for large well permits (new subdivision/commercial/industrial development) will become the responsibility of the HGCD and thus the county taxpayers. Under current rules the driller/developer pays the cost of collection and analysis.
Background: Development, whether residential or commercial needs to take place where there is an adequate well water supply. Unlike surrounding counties our Kerr County Commissioner's Court does not require new subdivision developers to establish a reliable water source before building. The HGCD is largely dependent upon well samples to determine areas of future sustainable water sources within the county. This information is currently obtained by securing well samples during the drilling of new large permitted wells which are usually for a new subdivision and public water supply for the subdivision. The information collected does not affect the well being drilled but allows for mapping of availability and future planning and wise development within the county. A fee for the collection and analysis of the well sample is $4000 to $6000 currently paid by the driller/developer. There is no such requirement for domestic well drilling only those developments/new public water systems with multiple connections or pumping huge amounts of water.
Questions: 1) Should the county taxpayers bear the expense of well samples for large water systems who will be selling the water for profit to the new subdivision residents thus making a profit from the same taxpayers main water supply--- the Trinity Aquifer?
2) Can you expect private well owners as taxpayers to bear the expense of well samples and also live with the new subdivision residents next door pumping their aquifer to the point of depletion?
3) Do county residents deserve appropriate data collection to assure reasonable growth where there is a reliable water source?
Beware: Board member Pratt has been joined by board president, Gordan Morgan, in suggesting we may not need this information at all. Just stop collecting the samples.
1) Would the absence of any absolute scientific information on groundwater stores in the county lead to the same unplanned growth and water shortages Kendall County is experiencing.
2) Is it fair to sell new county residents property without a reliable water source supported by scientific data?
Taxpayers should attend this meeting to voice their opinions. Developers, realtors, and investors will be there in force and they carry a lot of weight with some board members.
October 19th 1:30pm UGRA building
F. Lovett
Attention Private Well Owners: Calls to Kerr County Conscience indicate a continuing pattern of misinformation by the usual suspects i.e. a few unscrupulous developers, realtors and investors in Kerr County. The unfortunate pattern is to convince private well owners the HGCD is trying to meter, regulate pumping or assess fees to current or new private wells. That is not the issue.
The Issue: If Mr. Pratt's proposal passes the cost of well samples and analysis for large well permits (new subdivision/commercial/industrial development) will become the responsibility of the HGCD and thus the county taxpayers. Under current rules the driller/developer pays the cost of collection and analysis.
Background: Development, whether residential or commercial needs to take place where there is an adequate well water supply. Unlike surrounding counties our Kerr County Commissioner's Court does not require new subdivision developers to establish a reliable water source before building. The HGCD is largely dependent upon well samples to determine areas of future sustainable water sources within the county. This information is currently obtained by securing well samples during the drilling of new large permitted wells which are usually for a new subdivision and public water supply for the subdivision. The information collected does not affect the well being drilled but allows for mapping of availability and future planning and wise development within the county. A fee for the collection and analysis of the well sample is $4000 to $6000 currently paid by the driller/developer. There is no such requirement for domestic well drilling only those developments/new public water systems with multiple connections or pumping huge amounts of water.
Questions: 1) Should the county taxpayers bear the expense of well samples for large water systems who will be selling the water for profit to the new subdivision residents thus making a profit from the same taxpayers main water supply--- the Trinity Aquifer?
2) Can you expect private well owners as taxpayers to bear the expense of well samples and also live with the new subdivision residents next door pumping their aquifer to the point of depletion?
3) Do county residents deserve appropriate data collection to assure reasonable growth where there is a reliable water source?
Beware: Board member Pratt has been joined by board president, Gordan Morgan, in suggesting we may not need this information at all. Just stop collecting the samples.
1) Would the absence of any absolute scientific information on groundwater stores in the county lead to the same unplanned growth and water shortages Kendall County is experiencing.
2) Is it fair to sell new county residents property without a reliable water source supported by scientific data?
Taxpayers should attend this meeting to voice their opinions. Developers, realtors, and investors will be there in force and they carry a lot of weight with some board members.
October 19th 1:30pm UGRA building
F. Lovett
Build--Build--Build! Where's the Water?
09/25/2011 21:41
The audience at the 9-14-11 Headwaters Groundwater Conservation District Board meeting was keenly focused on disparity of water allotment throughout the groundwater district and expressed concern the HGCD was not doing enough to avoid the same disastrous water shortage faced by neighboring Kendall County. Suggestions for ticketing, fines and jail were put forth as solutions for pumping violations. Even though the HGCD has no enforcement authority it is within the jurisdiction of the commissioner's court to issue such a directive as has been done in Kendall County.
Board Member Pratt felt we need less interference from the HGCD. In the past developers and new water systems have been responsible for collecting and paying the fee for well samples and analysis which helps to map geological formations and water availability in various areas of the county. He made a motion to delete the rule completely. Arguments for deleting the rule included:
The individual taxpayers of Kerr County including Kerrville, Center Point, Ingram & Hunt residents need to show up and offer your opinion to our groundwater district board. They will be voting on the issue at the November 9th regular monthly meeting.
F. Lovett
Board Member Pratt felt we need less interference from the HGCD. In the past developers and new water systems have been responsible for collecting and paying the fee for well samples and analysis which helps to map geological formations and water availability in various areas of the county. He made a motion to delete the rule completely. Arguments for deleting the rule included:
- state laws are in place for water and that's all we need
- the fee is too burdensome for developers they will go to another county where development costs are lower
- we need to bring more people to increase the tax base
- we need development to create jobs
- who really needs the information from well samples, the state hasn't told us to collect the information
- if the HGCD wants the sample they should pay for it not the developer
- how can you continue to bring people into the county when we have no water
- well known that residential development costs more than the tax revenue it generates
- continued residential development will hurt our tourism industry
- we need the data for smart development i.e. build where there is a reliable water source
- developers do not pay the fee it is paid by the water companies responsible for drilling and selling the water to the new subdivision residents. The water companies are in the business to make money and the $4,0000 to $6,000 fee is part of their business expense and does not deter them
- the data is needed and current taxpayers whose water is being pumped by the new development will bear the future financial burden of lower aquifer levels and possible depletion
- the cost should not be paid by the HGCD---as a tax based entity this would mean individual taxpayers are paying water company expenses for a developer who is putting more stress on the water supply
- state legislature has put groundwater management squarely in the hands of locally elected Groundwater Districts not the state
The individual taxpayers of Kerr County including Kerrville, Center Point, Ingram & Hunt residents need to show up and offer your opinion to our groundwater district board. They will be voting on the issue at the November 9th regular monthly meeting.
F. Lovett
Do quarry neighbors have rights?
05/20/2010 21:11
Our recent rains have been great, but KCC folks have been in the county a goodly many years, and we know that with summer upon us, the dust and noise from our neighboring quarries will soon pick up again.
There’s nothing we can do about it.
As our county officials support the industrialization of the Highway 27 corridor, and while all that dust and noise billows up from the quarry properties, mine owners are allowed to do whatever they choose. They are big business. I’m just a private landowner.
Over here on my property, I breathe nasty air, and I can’t even enjoy a peaceful evening, relaxing in my own home, much less by the river, not with the quarries pounding away, day and night, night and day.
At a town hall meeting in New Braunfels, over in Comal County, I heard a Martin Marietta lobbyist boldly state that their company adheres to all state laws. Yet some Comal County residents had unanswered complaints about broken windows, cracked foundations and caved-in wells from blasting at the neighboring Martin Marietta mine.
In actuality, there are no Texas state laws regulating quarry operations.
Also, that lobbyist failed to inform the audience that he and other powerful quarry lobbyists had successfully defeated a modest regulatory bill previously introduced by Texas State Senator Troy Fraser. The only piece of the bill to survive was a clause stating that all gravel loads on a public road must be covered.
Texas does have laws specific to air quality which govern emissions from any industrial operation. The Texas Commission on Environmental Quality (TCEQ) applies these laws to quarry operations in an effort to control emissions of particulates and dust into the air. A drive down Highway 27 from Kerrville to Comfort will verify the absence of enforcement as the ground dries out and summer operations crank up.
Dust billows from the pits and on-site roads. White dirt builds up on the highway at the pit entrances. Quarry neighbors ought to be able to expect a few neighborly courtesies from the pit owners.
All this particular landowner is asking for is a sensible, decent, and neighborly approach to their business model. This would include...
Our elected officials should report to water authorities, such as the TCEQ and HGCD, the amount of river- and well water that is being used to facilitate mining, gravel-washing processes and dust control.
We also need an objective assessment by those officials on the short term tax gain vs. the long term loss of land productivity, river tourism and road repairs caused by heavy truck traffic. They should regularly monitor the particulate matter that is emitted into the air from the cluster of five quarries within our small area.
Finally, we need law enforcement and protection from the speeding trucks and flying gravel.
I think we need a Quarry Neighbor’s Bill of Rights. That might get someone interested in our plight. But the rain today is so nice. I could just sit here and look at the dust on my shelves, at the pictures of my loved ones and at my precious knickknacks. Why not look outside and enjoy the beautiful Hill Country? Because just across the fence, I can see what the miners are doing to these beautiful hills…and it’s the pits!
Frances Lovett
There’s nothing we can do about it.
As our county officials support the industrialization of the Highway 27 corridor, and while all that dust and noise billows up from the quarry properties, mine owners are allowed to do whatever they choose. They are big business. I’m just a private landowner.
Over here on my property, I breathe nasty air, and I can’t even enjoy a peaceful evening, relaxing in my own home, much less by the river, not with the quarries pounding away, day and night, night and day.
At a town hall meeting in New Braunfels, over in Comal County, I heard a Martin Marietta lobbyist boldly state that their company adheres to all state laws. Yet some Comal County residents had unanswered complaints about broken windows, cracked foundations and caved-in wells from blasting at the neighboring Martin Marietta mine.
In actuality, there are no Texas state laws regulating quarry operations.
Also, that lobbyist failed to inform the audience that he and other powerful quarry lobbyists had successfully defeated a modest regulatory bill previously introduced by Texas State Senator Troy Fraser. The only piece of the bill to survive was a clause stating that all gravel loads on a public road must be covered.
Texas does have laws specific to air quality which govern emissions from any industrial operation. The Texas Commission on Environmental Quality (TCEQ) applies these laws to quarry operations in an effort to control emissions of particulates and dust into the air. A drive down Highway 27 from Kerrville to Comfort will verify the absence of enforcement as the ground dries out and summer operations crank up.
Dust billows from the pits and on-site roads. White dirt builds up on the highway at the pit entrances. Quarry neighbors ought to be able to expect a few neighborly courtesies from the pit owners.
All this particular landowner is asking for is a sensible, decent, and neighborly approach to their business model. This would include...
- reasonable hours of operation,
- noise control,
- dust control from the mining operations and on-site roads,
- reasonable protection of the river, river bottom and floodplain; and,
- remediation when the mines are depleted.
Our elected officials should report to water authorities, such as the TCEQ and HGCD, the amount of river- and well water that is being used to facilitate mining, gravel-washing processes and dust control.
We also need an objective assessment by those officials on the short term tax gain vs. the long term loss of land productivity, river tourism and road repairs caused by heavy truck traffic. They should regularly monitor the particulate matter that is emitted into the air from the cluster of five quarries within our small area.
Finally, we need law enforcement and protection from the speeding trucks and flying gravel.
I think we need a Quarry Neighbor’s Bill of Rights. That might get someone interested in our plight. But the rain today is so nice. I could just sit here and look at the dust on my shelves, at the pictures of my loved ones and at my precious knickknacks. Why not look outside and enjoy the beautiful Hill Country? Because just across the fence, I can see what the miners are doing to these beautiful hills…and it’s the pits!
Frances Lovett