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ATTACHMENT "A" <br />(9) The additional property shall either be contiguous to the Subject Property or located <br />within five (5) miles of the Subject Property. <br />(10) Additional property that is contiguous to the Subject Property may be considered <br />as providing the same recharge as the Subject Property. <br />(11) Additional property that is not contiguous but is located within five (5) miles of <br />the Subject Property shall be considered as providing seventy five percent (75 %) of the <br />recharge provided by the Subject Property. <br />(12) In instances where the Applicant proposes to secure the development rights from <br />a property (the originating property) that is outside the jurisdiction of the County and <br />within the jurisdiction of one or more local governmental entities, the Applicant must <br />provide documentation of the written approval of the transfer from each such local <br />governmental entity with jurisdiction over the originating property. <br />§3.07. Water Availability Demonstrations Utilizing a new TCEQ public water <br />supply system: <br />In addition to the requirements outlined in §715.3.02, Applicants proposing to serve a <br />development through a new public water supply system shall include the following information <br />in the Water and Wastewater Service Plan: <br />(A) If water service is to be provided by a municipal utility district or other special purpose <br />district that has not been created as of the filing of the Preliminary Plan, a detailed <br />description of the proposed district boundaries, a timetable for creation of the district, and <br />identification of the proposed organization of the district. <br />(B) Prior to the final approval of the development (e.g. the final plat or the Infrastructure <br />Development Plan), the Applicant shall supply a letter to the Department from the water <br />service provider certifying that they have the authority to provide water service; that there <br />will be sufficient capacity to serve all phases of the proposed development; and that all <br />required agreements have been executed. <br />(C) Within ten (10) working days of receiving this supply letter, the Department shall notify <br />in writing all governmental entities which the Department has record of having <br />jurisdiction over any aspect of water supply to the proposed development requesting their <br />comments on the letter. In instances where the water service provider does not own or <br />otherwise control the source(s) of supply, the Department may require that the Applicant <br />obtain supporting documentation certifying the availability of adequate supply from the <br />actual water supply source(s) in addition to the information required to be provided by <br />the water service provider. The Department shall include in any Development <br />Authorization a Special Provision recognizing the requirements of any other <br />governmental entity with established jurisdiction over the proposed development. Any <br />disputes between the Applicant, water service provider and other governmental <br />jurisdictions shall be heard by the Commissioners Court. <br />(D) For developments within the jurisdiction of a Groundwater Conservation District that <br />utilize groundwater in their demonstration, a formal groundwater availability analysis, in <br />accordance with 30 TAC 230, shall be completed, along with a statement acknowledging <br />that all applicable requirements of the GCD will be met. <br />
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