October 26, 2020
The WTCPUA holds all meetings of the Board of Directors in compliance with the Texas Open Meetings Act. These meetings are open to the public, and the public is provided the opportunity to participate and provide public comment on any agenda or non-agenda item. During the COVID-19 pandemic, these meetings are available for remote public participation. Agendas for these open meetings are posted on the WTCPUA’s website not less than 72 hours ahead of the meeting as required by law. In light of the requests the WTCPUA received to delay consideration of the Provence Subdivision nonstandard service agreement agenda item, the WTCPUA Board of Directors has postponed this item until its November meeting at 1:00 pm on November 19, 2020. Any member of the public may provide comment on any topic at this meeting, and remote participation information will be posted at www.wtcpua.org.
The 2000 US Fish & Wildlife Service (USFWS) Memorandum of Understanding (MOU) is an agreement negotiated by the LCRA in response to the planned construction of the Highway 290 waterline and addresses concerns relating to the impact of this waterline on endangered species. Compliance with the MOU is required for any new development that would be served by the Highway 290 waterline, primarily in Hays County. In 2005, USFWS informed the LCRA that Texas Commission on Environmental Quality (TCEQ) Optional Enhanced Measures qualify as a regional plan under the MOU, and that if development follows these TCEQ requirements, endangered species would not be negatively impacted. The USFWS MOU continues to be enforced by the WTCPUA. In fact, the WTCPUA has expanded the applicability of the original agreement and has required USFWS MOU compliance in the majority of its service area.
In 2014, the WTCPUA adopted a policy that new development would be required to not exceed 20% impervious cover. This separate impervious cover policy went beyond the requirements of the USFWS MOU, and was intended to assist the WTCPUA with planning for water needs in its service area. The impervious cover policy was removed by the WTCPUA Board of Directors at their October 2020 meeting, due to the administrative burden on WTCPUA staff in monitoring, inspecting, and enforcing compliance with this provision. Any member of the public was allowed to provide comment on any topic at this open October meeting, and both the agenda and proposed impervious cover policy change were posted on the WTCPUA website in advance of the meeting.
The WTCPUA has heard many public concerns relating to traffic, development density, and environmental impacts relating to new development in its service area. However, as a water and wastewater provider, the WTCPUA does not have the authority to address most issues related to development. Entities that may have the ability to address these development impacts include Travis County, Hays County, the TCEQ, and the Texas Department of Transportation.