Synopsis:
Section 35.019 of the State Water Code provides counties within Priority Groundwater Management areas the authority to require proof of a “safe and sustainable” water supply prior to granting plat approval for any development. This proof is in the form of Water Availability Report (WARs) from water utilities. If done well, WARs can be a significant tool for counties to utilize in preventing growth from outpacing existing water supplies.
Examples from 2022 and 2025 Water Availability Reports in Comal County demonstrate pitfalls and successes in use of this tool. Given the current strain on our water supplies in Texas due to both extended drought and unmitigated growth, why are more counties not requiring WARs? Should Texas perhaps consider extending the availability of this tool to all counties, not just those within a Priority Groundwater Management Area?