Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Water topic
No spam. Unsubscribe anytime.
Hays County court adopts resolution refusing routine waivers for groundwater-availability certifications
Summary
The Hays County Commissioners Court unanimously adopted a resolution saying it will not grant waivers to the new state requirement that plat applications be accompanied by a professional groundwater-availability certification, and amended the resolution to share submitted certifications with the relevant groundwater conservation district.
HAYS COUNTY — Hays County Commissioners Court on Thursday adopted a resolution saying it will not grant routine waivers to the state'mandated groundwater availability certification that must accompany many new plat applications.
The court concluded the county is not aware of "credible evidence" that would justify waiving the statutory requirement that a licensed professional certify groundwater is available and will continue to be available to a subdivided tract, the resolution states.
The resolution follows discussions at the bench and with county counsel about recent state changes to Texas Local Government Code (TLGC) 'section 232.0032 and related Texas Administrative Code requirements. Chase Young, assistant criminal district attorney in the county's civil division, told the court the county's lawyers view the certification as required for any plat application where groundwater will be used, and that treating a property's study as covering a whole tract is appropriate rather than forcing multiple, duplicative studies when land is later subdivided. "The last thing we want is put an undue burden on current residents," Young said.
Judge Elaine Brown and Development Services Director Mark Pacheco each described the certification as tied to the entire subdivision application rather than to smaller subsequent lot splits. Pacheco said the county will follow the statutory timeline and that staff will submit the certifications to the county as part of its plat review process.
Commissioner comments emphasized transparency and coordination with local groundwater authorities. Court members accepted an amendment directing that submitted groundwater-availability materials be shared with the applicable groundwater conservation district'in practice, the Hays-Trinity GCD or other district with jurisdiction'so the district can review the studies and provide technical input.
The resolution was adopted unanimously on a roll call vote with Commissioners Smith, Hammer, Cohen and Inglesby and the presiding judge voting yes.
Why it matters: The change implements a new statewide requirement aimed at documenting groundwater availability before subdivisions are approved. County leaders said the step will help create a clearer, countywide record of water resources and guard against approving development that lacks sufficient water supply.
What the resolution says: The court found groundwater availability is "crucial to all persons and developments" and ruled it will not grant waivers under TLGC 232.0032(a)(1) "barring some unforeseen material change." The court ordered that any required groundwater certification be prepared by a Texas-licensed professional engineer or licensed professional geoscientist as required by statute.
Next steps: County staff and development services will continue incorporating the certification requirement in plat reviews and will share submitted materials with the groundwater conservation district for technical review and record-keeping.
