Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,967
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356. 44. Hearing.
356. 45. Board Evaluation, Consideration and Deliberation.
356. 46. Board Findings and Public Hearing on Recommended Re-
visions.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 20,
2012.
TRD-201204985
Kenneth L. Petersen
General Counsel
Texas Water Development Board
Earliest possible date of adoption: November 4, 2012
For further information, please call: (512) 463-8061
CHAPTER 356. GROUNDWATER
MANAGEMENT
The Texas Water Development board (board) proposes new
Chapter 356, 356.10, 356.20 - 356.22, 356.30 - 356.35,
356.40 - 356.46, 356.50 - 356.57, and 356.60 - 356.62, relating
to groundwater management.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS
FOR THE PROPOSED NEW RULES
This proposed new Chapter 356 replaces current Chapter 356
in its entirety. Current Chapter 356 is being proposed separately
for repeal elsewhere in this issue of the Texas Register. This pro-
posed new Chapter 356 contains the substantive changes dis-
cussed below in each section. The proposed new Chapter 356 is
prompted, in part, by statutory changes. The board was subject
to Sunset Commission review in 2011 resulting in the enactment
of the board's reauthorization bill, Senate Bill 660. In Senate Bill
660, the 82nd Legislature also amended sections of Texas Water
Code Chapter 36 relating to groundwater conservation districts.
Other changes were made to Chapter 36 through Senate Bills
727 and 737. Rules changes arising out of enactments from the
82nd Legislature include: (1) changing the final quantified output
of the joint planning process used in the groundwater conserva-
tion districts' management plans and the related definition from
"managed available groundwater" to "modeled available ground-
water;" (2) adding a definition of "desired future condition;" and
(3) expanding the process and requirements for adoption of de-
sired future conditions by the groundwater conservation districts
in a groundwater management area.
This proposed new Chapter 356 reorganizes the materials so
that rules are arranged to reflect the sequential steps in the
board's process of working with the groundwater conservation
districts. The process of designating groundwater management
areas, adoption and appeal of desired future conditions, and
developing, reviewing, and approving districts' management
plans is more transparent as the rules generally reflect the
order in which the groundwater conservation districts conduct
their work. Another benefit of reorganizing the rules is that the
proposed new Chapter 356 contains new directives relating
to the board's review of district management plans and the
procedure for hearings of appeals of desired future conditions.SECTION BY SECTION DISCUSSION OF THE PROPOSED
NEW RULES
Subchapter A. Definitions.
Proposed new 356.10, relating to Definitions, contains defini-
tions not previously part of Chapter 356 for the following terms:
agency, groundwater availability model, natural resources
issues, non-relevant aquifer, and total estimated recoverable
storage. Terms that were defined in other portions of the current
chapter have been consolidated under 356.10 for ease of use.
This proposed new section also deletes from current Chapter
356 definitions of terms that are either defined in statute, defined
in context, or are commonly understood: artificial recharge,
administratively complete, aquifer, discharge, estimate, man-
agement goals, management plan, groundwater, groundwater
management area, groundwater reservoir, and respondent.
Subchapter B. Designation of Groundwater Management Areas.
Proposed new 356.20, relating to Scope of Subchapter, is a
reference to the statutory requirements for the designation of
groundwater management areas. Groundwater management
areas must be designated by rule as provided by Texas Water
Code 35.004(d).
Proposed new 356.21 relating to designation of groundwater
management areas is in fulfillment of the board's responsibility
under Texas Water Code 35.004(c) for alteration of groundwa-
ter management area boundaries. The rule establishes the loca-
tion of the digital files and graphic representations of the ground-
water management area boundaries as these may change. The
rule, which replaces current 356.23 being proposed for repeal
elsewhere in this issue of the Texas Register, removes the ref-
erences to specific electronic files as these may change due to
administrative adjustments or corrections to the boundary data
required by degradation of the data. Over time, the files become
corrupt and do not accurately reflect the boundaries of counties,
districts, the groundwater management areas, and natural fea-
tures described in the files. The process set out here will allow
for correction of those errors that, though not significant individ-
ually, do affect the overall accuracy of the data.
Proposed new 356.22, relating to Request to Amend Ground-
water Management Area Boundaries, establishes procedures by
which boundaries may be changed, either on request of the dis-
tricts or upon action by the executive administrator. Under pro-
posed subsection (a), any request to amend the boundaries of a
groundwater management area must be addressed to the exec-
utive administrator in writing and contain a resolution supporting
the change signed by each district in each affected groundwa-
ter management area, a demonstration or explanation as to the
geographic and hydrogeologic conditions that necessitate the
boundary change, and a copy of the notice and minutes of the
public meetings held by each groundwater management area at
which the districts approve the request. Proposed subsection
(b) describes the review process by the executive administra-
tor, and subsection (c) provides that the executive administrator
may, at the executive administrator's discretion, make adminis-
trative changes to the data files to maintain their accuracy. Sub-
section (d) provides that the executive administrator may waive
any of the requirements of this subsection upon a showing of
good cause.
Subchapter C. Submission of Desired Future Conditions.PROPOSED RULES October 5, 2012 37 TexReg 7967
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/153/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.