Texas Register, Volume 33, Number 9, Pages 1657-1906, February 29, 2008 Page: 1,748
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Permitting and Availability Section, Water Supply Division at
(512) 239-4512.
STATUTORY AUTHORITY
The amendments are proposed under Texas Water Code
(TWC), 5.012, which provides that the commission is the
agency responsible for implementing the constitution and laws
of the state relating to the conservation of natural resources and
protection of the environment; TWC, 5.103 and 5.105, which
provide the commission with authority to adopt rules; and spe-
cific statutory authorization is derived from Local Government
Code, 212.0101(b) and 232.0032(b), which require the com-
mission to promulgate rules that establish the appropriate form
and content of a certification to be attached to a plat application;
and as added by Senate Bill 662, Local Government Code,
212.0101 (c) and 232.0032(c), which require the commission,
in concert with the Texas Water Development Board (TWDB),
to promulgate rules requiring a plat applicant to transmit the
information to the TWDB and any applicable GCD.
The proposed amendments implement Local Government Code,
212.0101 (c) and 232.0032(c).
230.1. Applicability.
(a) Subdivisions utilizing groundwater as the source of water
supply. In the plat application and approval process, municipal and
county authorities may require certification that adequate groundwater
is available for a proposed subdivision if groundwater under that land
is to be the source of water supply. The municipal or county authority
is not required to exercise their authority under Texas Local Govern-
ment Code, 212.0101 or 232.0032 [232.0031]. However, if they do
exercise their authority, the form and content of this chapter must be
used.
(b) Use of this chapter. If required by the municipal or county
authority, the plat applicant and the Texas licensed professional engi-
neer or the Texas licensed professional geoscientist shall use this chap-
ter and the attached form to certify that adequate groundwater is avail-
able under the land of a subdivision subject to platting under Texas Lo-
cal Government Code, 212.004 and 232.001 [232.001]. These rules
do not replace other state and federal requirements applicable to public
drinking water supply systems. These rules do not replace the authority
of counties within designated priority groundwater management areas
under Texas Water Code, 35.019, or the authority of groundwater con-
servation districts under Texas Water Code, Chapter 36.
(c) Transmittal of data. If use of this chapter is required by the
municipal or county authority, the plat applicant shall:
(1) provide copies of the information, estimates, data,
calculations, determinations, statements, and certification required by
230.8 of this title (relating to Obtaining Site-Specific Groundwater
Data), 230.9 of this title (relating to Determination of Groundwater
Quality), 230.10 of this title (relating to Determination of Ground-
water Availability), and 230.11 of this title (relating to Groundwater
Availability and Usability Statements and Certification) to the execu-
tive administrator of the Texas Water Development Board and to the
applicable groundwater conservation district or districts; and
(2) using the attached form, attest that copies of the infor-
mation, estimates, data, calculations, determinations, statements, and
the certification have been provided to the executive administrator of
the Texas Water Development Board and the applicable groundwater
conservation district or districts. The executive director may make mi-
nor changes to this form that do not conflict with the requirements of
these rules.
Figure: 30 TAC 230.1(c)(2)230.2. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
If a word or term used in this chapter is not contained in this section,
it shall have the same definition and meaning as used in the practices
applicable to hydrology and aquifer testing.
(1) Applicable groundwater conservation district or dis-
tricts--Any district or authority created under Texas Constitution,
Article III, Section 52, or Article XVI, Section 59, that:
(A) has the authority to regulate the spacing of water
wells, the production from water wells, or both, and
(B) which includes within its boundary any part of the
plat applicant's proposed subdivision.
(2) [(4-] Aquifer--A geologic formation, group of forma-
tions, or part of a formation that contains water in its voids or pores
and may be used as a source of water supply.
(3) [(2)] Aquifer test--A test involving the withdrawal of
measured quantities of water from or addition of water to a well and
the measurement of resulting changes in water level in the aquifer both
during and after the period of discharge or addition for the purpose of
determining the characteristics of the aquifer. For the purposes of this
chapter, bail and slug tests are not considered to be aquifer tests.
(4) [(3)] Certification--A written statement of best pro-
fessional judgement or opinion as attested to on the Certification of
Groundwater Availability for Platting Form contained under 230.3(c)
of this title (relating to Certification of Groundwater Availability for
Platting).
(5) [(4)] Drinking water standards--As defined in commis-
sion rules covering drinking water standards contained in Chapter 290,
Subchapter F of this title (relating to Drinking Water Standards Gov-
erning Drinking Water Quality and Reporting Requirements for Public
Water [Supply] Systems).
(6) Executive administrator--The executive administrator
of the Texas Water Development Board.
(7) [(5:] Full build out--The final expected number of res-
idences, businesses, or other dwellings in the proposed subdivision.
(8) [(6)] Licensed professional engineer--An engineer who
maintains a current license through the Texas Board of Professional
Engineers in accordance with its requirements for professional practice.
f(7) Plat applicant The owner er the authorized represen-
tative er agent eekig approval a f a proposed subdivision plat appli
cation pursuant to municipal er county authority.]
(9) [0()] Licensed professional geoscientist--A geoscientist
who maintains a current license through the Texas Board of Profes-
sional Geoscientists in accordance with its requirements for profes-
sional practice.
(10) Plat applicant--The owner or the authorized represen-
tative or agent seeking approval of a proposed subdivision plat appli-
cation pursuant to municipal or county authority.
(11) [(9)] Requirements applicable to public drinking water
supply systems--The requirements contained in commission rules cov-
ering public drinking water supply systems in Chapter 290, Subchapter
D of this title (relating to Rules and Regulations for Public Water Sys-
tems).
230.3. Certification of Groundwater Availability for Platting.33 TexReg 1748 February 29, 2008
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Texas. Secretary of State. Texas Register, Volume 33, Number 9, Pages 1657-1906, February 29, 2008, periodical, February 29, 2008; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90783/m1/89/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.