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Commissioners discuss regional water plan, MUD/WCID concerns and possible resolution urging proof of supply

3111033 · April 22, 2025
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Summary

Commissioners reviewed the Region L water plan, raised concerns about GBRA allocations and MUD/WCID-driven development, and asked staff to prepare an executive-session briefing and a potential resolution urging water providers and legislators to demonstrate reliable supplies under drought conditions.

Kendall County Commissioners used a Tuesday agenda item on water resources to review the Region L draft water plan and to discuss special districts (MUDs, WCIDs and other utility districts) and their role in local development and water availability.

Commissioner Wiesgen (appointed to the Region L planning group) summarized the region’s draft plan and highlighted two near-term points: (1) Trinity-aquifer supplies are less robust than other regional aquifers, and (2) most of GBRA’s Western Canyon allocations are already contractually committed, with only limited volumes returning to distribution in 2037. She urged the court to review the Region L plan (public comment open; public hearing May 21 in San Antonio) and to consider the implications of drought scenarios on water contracts and supply reliability.

Commissioner Carpenter and other commissioners raised concerns about how municipal utility districts (MUDs), water-control-improvement districts (WCIDs) and similar entities are being used to finance development without guaranteed water sources. They discussed whether the county should request proof of “firm yield” or otherwise require that entities claiming to offer supplies demonstrate availability under severe-drought conditions. Commissioners discussed approaching state officials and legislators to consider statutory changes to ensure special districts cannot be used as a substitute for demonstrated water supply.

Commissioners asked staff to schedule an executive-session briefing with legal counsel and to prepare a draft resolution to state local concerns — including asking GBRA or other suppliers to document supply availability and urging the Legislature to consider clarifying or limiting the way special districts are authorized for development financing. Commissioners also proposed inviting regional water experts (including Region L colleagues and consultants) to brief the court on options such as aquifer-storage and recovery (ASR), off-channel storage and other supply strategies.

The court did not adopt any immediate regulatory changes; commissioners asked staff and counsel to research legal options for a resolution and recommended the court consider its next steps at a subsequent meeting, potentially after an executive-session legal briefing.