LCRA recently held two public open houses about the proposal to build a water line along Hamilton Pool Road and the long-term plans to provide water service in western Travis and northern Hays counties. On Dec. 7, LCRA Board's is scheduled to consider contracts for water service to landowners along Hamilton Pool Road.

Following are answers to commonly asked questions from the open houses.

About LCRA

• What does LCRA do?
  LCRA provides energy, water and community services in all or part of 58 counties. (See ABCs of LCRA.) LCRA has no taxing authority and is self-funded by sales of energy and water services. Key services: flood and water supply management, water and wastewater utilities, water quality protection, electric generation and transmission, economic and community development, and parks and recreation.
• Who owns LCRA?
  LCRA was created by the Texas Legislature in 1934, and its dams, power plants and other facilities are owned by the people of Texas.
• The LCRA Board is not elected, so how can it be held accountable?
  LCRA's 15 Board members are appointed to six-year terms by the Governor and confirmed by the Texas Senate. The Governor also designates the Board's chair.
  
  Also, the Legislature created LCRA and may review it at any time. LCRA is regulated by state and federal agencies, such as the Texas Commission on Environmental Quality and the Public Utility Commission of Texas. National bond-rating agencies and independent audit firms regularly report on LCRA's finances and operations. LCRA also has formed more than 30 customer and public advisory groups.
• How can the public impact the Board's decisions?
  The LCRA Board is a governmental body that makes virtually all of its decisions in an open, public process. The public may communicate with the Board in several ways, such as writing letters and addressing the Board on posted agenda items at monthly Board meetings. Recently, several Board members listened to residents' comments at open houses on LCRA's plan to provide water in western Travis and northern Hays counties.
• If LCRA gets enough opposition on petitions, will it decide to not provide water service?
  LCRA has worked hard to get public input on this decision so that it can consider all points of view. The Board's decision, however, will not be determined simply by the number of signatures on a petition for or against the water line. Many people who live in an area may want no further development to occur. That, however, does not give them the right to reduce or restrict the rights of their neighbors. LCRA has received numerous requests for water service in this area in the past decade. Based on the requests submitted to LCRA, there are many people in this area who want a reliable source of drinking water. LCRA is not a land use regulator, and land use restrictions such as zoning must be accomplished through local government regulations.

About water service along Hamilton Pool Road

• Why does the LCRA Board need to make a decision in December about providing water service along Hamilton Pool Road?
  In May the Board postponed making a decision on proposed contracts to provide water utilities to landowners along Hamilton Pool Road who requested service more than a year ago. Stakeholders of an ongoing regional water quality planning process said six months would be enough time for the process to be completed, so the Board also directed staff to bring the proposed agreements back for action in December. The landowners have indicated that they are unwilling to wait any longer and will seek other options for water service if LCRA does not make a decision in December.
  
  LCRA does not have a monopoly on service in this area. If LCRA does not provide the water, developers will find other ways to bring water to their projects. The easiest way would be for developers or a municipal utility district, a water supply corporation or a water district to buy raw water from LCRA and build a water line and treatment plant that serves only that particular development. If this occurs, LCRA could lose the opportunity to assure that the land was developed with water quality protection measures in place to reduce water pollution in the Barton Springs-Edwards Aquifer watershed.
  
  It is also important to remember that LCRA has committed to offer water service to undeveloped areas of the Barton Springs-Edwards Aquifer region only when proposed development complies with the U.S. Fish and Wildlife Service water quality measures designed specifically for this area. LCRA also has committed that, if appropriate jurisdictions adopt a regional plan that calls for more stringent water quality measures, LCRA will consider adopting those measures as a substitute for the Fish and Wildlife measures.
• I live along Hamilton Pool Road. Will I be able to get water service?
  The answer depends. First, there is a significant cost in building the distribution system that carries water from the main water line to a subdivision. LCRA will be able to provide water to residents of three existing subdivisions along Hamilton Pool Road only if enough residents sign up for service. LCRA is accepting requests for water service from residents of these subdivisions through Dec. 1. Homeowners should contact Brent Covert, LCRA Water and Wastewater Utility Services, at (512) 473-3256 to find out if they are eligible for service or if they want to sign up for service.
• Doesn't LCRA care about the traffic problems on Hamilton Pool Road and overcrowded schools that will be caused by the growth?
  LCRA is a utility infrastructure provider and does not have the authority to manage traffic. LCRA has helped the Hamilton Pool Road community begin to plan for the growth that is coming to the area by funding a planning process, including providing an independent facilitator. It is hoped that the community can bring the traffic issues to the attention of the agencies that can help solve the problem.
• Where can I find information about the Hamilton Pool Road Line, such as the proposed size?
  The line has not been engineered or its ultimate size determined. Staff will develop that information after it assesses the initial customer base for the water line. LCRA does not limit utilities to an area to limit the growth and development of an area. LCRA was created by the state to provide public utilities and other services that support the development of Central Texas. Over time LCRA has put more than $2 billion into electric and water infrastructure that serves this purpose.
• Is it true that the line would require 80 percent participation from existing subdivisions?
  To make the extension of service all the way to existing subdivisions viable, LCRA needs 80 percent participation. Otherwise, a few people will end up paying for the infrastructure now, allowing others to join the system later at a lower cost, which residents might consider unfair. How much would existing and future homeowners pay per month for water service once the line is built? We do not know since engineering is not complete. The estimate for 10,000 gallons monthly average use would be $75 to $85, which is typical for this area.

About LCRA's long-term water utility plan

• How much water is available in the Highland Lakes?
  LCRA estimates that the Highland Lakes have sufficient water supplies to meet future municipal demands in the Colorado River basin. However, as the basin's population grows, water supplies may have to be reallocated among various user groups to meet municipal demands. For details, see related story on the basin's water supplies.
• How does LCRA manage the sale of water supplies?
  LCRA follows a state-approved Water Management Plan to manage water supplies in lakes Buchanan and Travis, the two water storage reservoirs in the Highland Lakes. The Texas Commission on Environmental Quality reviews and approves the plan, which is updated from time to time to keep pace with growth and other changing conditions.
• How will the Highland Lakes be affected by LCRA's plan to provide water in this area?
  Water needs in western Travis and northern Hays counties are a very small portion of the basin's planned-for needs, and meeting these needs will not have a noticeable effect on the Highland Lakes.
• Won't water service from LCRA lead to more growth?
  Growth and development already has occurred in this region, and the Texas State Data Center estimates that Hays and Travis counties will continue to see record growth in the next 30 years. As this area continues to grow, any number of utility providers and developers can provide water services. However, LCRA is the only water utility provider requiring new development to meet stringent water quality measures as a condition of service.
• Why does LCRA want to provide water utility services in areas where people do not want development to happen?
  LCRA provides utility services at the request of local communities and landowners. LCRA has received numerous requests for water service in this area in the past decade. Based on the requests submitted to LCRA, there are many people in this area who want a reliable source of drinking water. LCRA is not a land use regulator, and land use restrictions such as zoning must be accomplished through local government regulations.
• Population projections used by LCRA show growth because it assumes that water service will be provided. Isn't this self-fulfilling?
  Population projections from the Texas State Data Center and other sources are based on various factors, including past trends. All show growth continuing to occur in Hays and Travis counties — with or without water service from LCRA. It is an unrealistic expectation and poor regional planning to assume that growth can be controlled by withholding utilities.
• Why does it cost so much for LCRA to extend water service to an area?
  LCRA generally provides utility services only upon request. To receive service, customers must fund construction of the water line and distribution system. They must also pay a one-time fee for the impact of individual connections on the existing water treatment and transmission systems. This fee is designed to ensure that existing users don't fund the cost of future growth. Compliance with state and federal regulations that protect water quality are also a factor in the cost, as are operations, maintenance and labor expenses. Because LCRA does not have the authority to impose taxes, all of these expenses must be funded by customer fees.

Questions about water quality

• Can LCRA put environmental conditions on raw water sales?
  LCRA cannot refuse to sell raw water to a purchaser who is willing to pay the set rates and comply with standard water contract rules. LCRA also cannot condition the sale of raw or untreated water on compliance with land use controls, impervious cover limitations or water quality restrictions (other than general requirements of existing regulations, such as LCRA's Nonpoint-Source Ordinance in the Lake Travis and Upper Highland Lakes areas).
  
  On the other hand, LCRA can include additional water quality and water conservation measures in utility service agreements.
• Won't the City of Austin's Save Our Springs Ordinance cover this development?
  No. This land is outside of the area in which Austin's development rules apply. Most of the land in the contributing zone of the Barton Springs- Edwards Aquifer is outside of Austin's regulatory jurisdiction.

• How will LCRA protect water quality in the Hamilton Pool Road area where it serves water?
  LCRA is requiring builders to follow U.S. Fish and Wildlife Service water quality measures as part of the utility agreements for new developments. New developments also must adopt water conservation and landscape deed restrictions.
• Who will ensure that new developments comply with building and water quality requirements in this area?
  LCRA will not provide water unless the development occurs in a way that meets the Fish and Wildlife water quality measures. Physical features that are based on the measures, such as stream buffer zones and impervious cover limitations, will be incorporated into the plats, deed restrictions and restrictive covenants for the new developments. Both Travis County and property owners within the developments will be able to enforce these requirements.
• Will LCRA expand the Nonpoint-Source Ordinance into the areas that it proposes to serve with water?
  The LCRA Board of Directors has not yet made a decision on whether or how to extend the ordinance. LCRA does have the authority to adopt water quality ordinances within its 10-county statutory district, which includes Travis County, but not Hays County. LCRA and stakeholders groups are in the process of reviewing the ordinance and technical manual. In the case of Hamilton Pool Road, the Fish and Wildlife measures being applied to new development were specifically designed to protect the Edwards Aquifer watershed and preserve species that rely on the springs.

About a Certificate of Convenience and Necessity

• What is a Certificate of Convenience and Necessity (CCN)?
  Utility infrastructure can be very costly to develop. A CCN allows a utility to develop the necessary infrastructure to serve a designated area, and to have the first right of refusal for service within that area. The Texas Commission on Environmental Quality (TCEQ) issues CCNs for water and wastewater service in Texas. LCRA has an existing CCN to serve designated areas within its 33-county water service area.
• Does LCRA have to sell raw water to a customer? Does LCRA have to extend water utilities to a customer? Is the answer different if LCRA has a Certificate of Convenience and Necessity (CCN)?
  State law requires LCRA to sell raw water upon request. LCRA is the sole provider of water in its certificated areas, though another entity may provide water if the TCEQ agrees. LCRA must provide service when requested in areas covered by its CCN. LCRA will extend water utilities to a customer if the customer can pay the necessary fees for connection and for reimbursement of the cost of infrastructure to LCRA. The same applies in LCRA's certificated areas.
• Will LCRA seek to include western Travis County in its water CCN?
  LCRA does not plan to file an application for a CCN in this area any time soon. The TCEQ is considering making regulatory changes to the CCN application process. In addition, the Texas Legislature convenes in January 2005 and may also review state laws that govern the CCN process.
• What if I want to be out of or in the CCN? What can I do to affect this?
  State laws and regulations govern how CCNs are applied within specific areas. The TCEQ has primary jurisdiction and authority for water quality permitting and enforcement matters throughout the state. Generally, under current laws and regulations, individual homeowners do not have the ability to opt in or out of a certificated area although they may have the option of deciding whether they want to receive utility service.

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