Preliminary plat for Briggs-area subdivision approved
After more than a month of delays and denials, The Estates at Dominion Ranch, a proposed subdivision near Briggs, is moving forward. Burnet County commissioners approved a preliminary plat for the project on June 27 despite having concerns over groundwater availability. However, their hands were tied legally by state standards, which the developer met and surpassed.
Preliminary plat approval for the 210-lot subdivision on 996 acres in northeast Burnet County was first brought before the Commissioners Court on May 23 but was delayed at the request of Precinct 2 Commissioner Damon Beierle, who wanted more time to consult with groundwater officials before making a decision. The matter was discussed again on June 13, but the court denied the plat due to groundwater worries.
The commissioners’ approval on Tuesday was unanimous as they acknowledged they could not legally deny or delay the proposal any further. The subdivision’s developer completed a required groundwater availability study, satisfied all state and county requirements, and met the standards of the Central Texas Groundwater Conservation District permitting process.
“We don’t like the results of the water study,” Beierle said during Tuesday’s meeting. “We don’t like (the number of) lots, but the experts say that the water study meets the criteria. The county attorney agrees; everyone agrees. A ‘no’ vote won’t necessarily stop this subdivision. It would probably slow it down, but at the end of the day, they’ve checked all of the boxes that are allowed to us by the (Texas) Legislature.”
A third-party water study by INTERA showed there would be enough groundwater to support the subdivision if every single well was drilled into a deeper layer of the Trinity Aquifer. The same study showed there likely would not be an adequate water supply if shallow wells were drilled.
Dominion Ranch’s civil engineer, Lisa Chtay, assured the court the lots would have strict deed restrictions, requiring all wells be drilled into the deeper layer of the Trinity. She also said lawns would be restricted in size, vegetation would have to be drought tolerant, certain plumbing fixtures would have to be installed to reduce water use, only one well could be present on a lot, and only one home could be built on a given lot. Lots will range in size from 4-9 acres, depending on the location.
“I understand everyone’s concerns, but at the end of the day, we do go by science, we do go by the studies that we’ve done,” Chtay said during the meeting. “Science does support the proposal that we have.”
Beierle noted a silver lining to the situation: The wells drilled on Dominion Ranch will contribute more data to Burnet County’s understanding of groundwater, which could impact future policy.
“Now that these developments are here, they will be used in the studies for future developments in the area, which will help protect the groundwater,” he said.
Beierle and fellow Commissioner Jim Luther asked that concerned residents talk with their state representatives and make themselves heard if they want policy changed regarding groundwater management and subdivision regulations. Contact Texas District 19 Rep. Ellen Troxclair at 512-463-0490 or ellen.troxclair@house.texas.gov or District 24 Sen. Pete Flores at 512-463-0124 or peter.flores@senate.texas.gov.
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Something doesn’t hold water. Commissioners say, “We don’t like the results of the water study.” So, what state statute says development Shall Proceed in the face of reluctant county commissioners?
I would not normally be concerned, but these are not normal times. The 2023 state legislature gave us a galactically lackluster session. “Experts” and “science” have recently mismanaged a pandemic and cost lives and damaged health, livelihoods, and a generation’s education. Commissioners say development enables studies of less water, which somehow “protects” water, and if you have a problem with that, call your state representatives. Since county commissioners — the local representatives — have legal counsel, why deflect and offer leaky excuses instead of citing the state statute by which “hands were tied legally” on June 27 but not on May 23 and June 13?