Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,968
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Proposed new 356.30, relating to Scope of Subchapter, is a
reference to the statutory requirements for the submission of de-
sired future conditions by groundwater conservation districts as
provided by Texas Water Code 36.108.
Proposed new 356.31 relating to the submission date for the
desired future conditions provides the timetable under which the
districts in a groundwater management area must propose their
desired future conditions for adoption and provides for districts
to propose designation of an aquifer as non-relevant. No de-
sired future condition will be required for aquifers designated as
non-relevant because the statute requires the districts to adopt
desired future conditions only for the relevant aquifers within the
management area. Proposed new 356.31(b) also requires the
districts to submit an explanation to the board for each aquifer
designated as non-relevant. In this way, a record is preserved of
the decision by the districts to designate an aquifer as non-rele-
vant.
Proposed new 356.32, relating to Submission Package, de-
scribes the materials that must be submitted to the executive ad-
ministrator in fulfillment of the requirements of Texas Water Code
36.108(4), relating to modeled available groundwater, which re-
quires the districts to submit the adopted desired future condi-
tions to the executive administrator not later than 60 days after
adoption. Proposed new 356.32 also requires a copy of the
posted notice for the joint planning meeting at which the districts
adopted the desired future condition and the name of the des-
ignated contact for the groundwater management area. Section
356.32(5) provides that the districts must submit any groundwa-
ter availability model files or aquifer assessments used in devel-
oping the adopted desired future condition with documentation
sufficient to replicate the work. Modeled available groundwater
is calculated using the groundwater availability models approved
by the executive administrator. The information requested in
356.32(5) will allow agency staff to more easily ensure that the
modeled available groundwater provided to the districts reflects
the modeling used in determining the adopted desired future
conditions.
Proposed new 356.33, relating to Determination of Administra-
tive Completeness, provides that the executive administrator will
consider a submitted desired future condition package complete
if it contains all of the information required by 356.32. Proposed
356.33(1) relating to acknowledgement of receipt of a submit-
ted package provides that the executive administrator will ac-
knowledge receipt in writing and will advise the districts whether
the submitted package is complete or contains deficiencies. Dis-
tricts are required to correct any deficiencies and notify the ex-
ecutive administrator no later than 90 days following the date the
executive administrator provides a notice of deficiencies.
Proposed new 356.34, relating to District Adoption of the
Desired Future Condition, provides that once the executive ad-
ministrator advises the districts that the desired future condition
package is administratively complete, each district must adopt
the desired future condition for the aquifer or aquifers within its
boundaries.
Proposed new 356.35, relating to Modeled Available Ground-
water, provides that the executive administrator will provide the
draft modeled available groundwater value for each relevant
aquifer with adopted desired future conditions to both the dis-
tricts in the groundwater management area and the appropriate
regional water planning groups no later than 180 days after
the executive administrator has notified the districts that the
submitted desired future condition package is administrativelycomplete. Proposed new 356.35 further clarifies that the
modeled available groundwater value will not be issued until
after a petition filed under Texas Water Code 36.1083 has
been resolved.
SubchapterD. Appealing Approval of Desired Future Conditions.
Proposed new 356.40, relating to Scope of Subchapter, is a
reference to the statutory requirements for the submission of a
petition that appeals the desired future conditions adopted by
the districts in a groundwater management area as provided by
Texas Water Code 36.1083.
Proposed new 356.41, relating to Petition: Reviewability, Form,
Receipt, Postponement, Response, and Joinder, identifies fac-
tors related to the initial receipt of a petition by the board and
responses by the districts. Subsection (a) simplifies and clari-
fies the basis upon which the agency will determine that a pe-
tition is reviewable. Subsection (a) also changes the date by
which a petition must be filed from one year to 120 days follow-
ing the date of the adoption of the desired future condition by
the districts meeting as a groundwater management area. This
change is intended to expedite the appeal process and bring the
process more in line with other similar types of appeals. The
board has determined that no reason exists for waiting up to one
year following the adoption of the desired future condition before
an appeal is brought.
Proposed new 356.41(b), relating to Form and Contents of Pe-
tition, removes the requirement that a certified copy of a resolu-
tion or other official document describing the extent and nature of
the authority of the representative of the petitioner be submitted
with the petition. This requirement was confusing and appeared
to presume that a petitioner would not represent himself. Rep-
resentation by legal counsel is usually apparent in the petition.
Thus, the requirement is not necessary.
Proposed 356.41(c) provides that the executive administrator
will notify the petitioner and the districts within 15 days of receipt
of a petition and advise the petitioner whether the petition has
been accepted as reviewable. Subsection (d) provides that the
petitioner will have an additional 15 days to remedy any defi-
ciency in the filing if the petition is not accepted.
Proposed new 356.41(e) provides that, within 10 business days
of receipt of the executive administrator's acknowledgement of
a reviewable petition, a district in the groundwater management
area may request a postponement of any further action on the
petition for 60 days to encourage resolution of the issues raised
by the petition. Subsection (e) further provides that additional ex-
tensions may be granted upon the request of either a petitioner
or a district upon a showing that the parties are in active negoti-
ations toward a resolution of the issues raised in the petition.
Proposed new 356.41(f) provides that the districts in the
groundwater management area may, but are not required to,
present evidence to the agency and the petitioner prior to the
hearing on the petition. If the districts choose to respond,
proposed subsection (f) provides the districts 90 days in which
to do so.
Proposed new 356.41(g) provides that the executive adminis-
trator may join multiple petitions concerning the same aquifers
or the same issues within a groundwater management area if
such joinder is beneficial to the agency, the petitioners, and the
respondents.
Proposed new 356.42, relating to Hearing, provides the proce-
dures to be followed in fulfillment of the statutory requirement of37 TexReg 7968 October 5, 2012 Texas Register
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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/m1/154/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.