Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,975
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(c) The board shall review the petition and any evidence rele-
vant to the petition including, but not limited to, the following criteria
when determining whether a desired future condition is reasonable:
(1) whether the adopted desired future condition is physi-
cally possible within a management area (that is, whether there is any
groundwater production scenario that would allow the desired future
condition to be achieved);
(2) whether the desired future condition provides a balance
between the highest level of groundwater production from the aquifer
and conservation of groundwater in the aquifer as described in Texas
Water Code 36.108(d-2);
(3) whether the districts have stated a purpose for the de-
sired future condition and whether the desired future condition is rea-
sonably fit and appropriate for that particular purpose. For example, if
the purpose is to protect spring flow, the desired future condition must
have a reasonable correlation to spring flow and provide an appropriate
indication of whether spring flow is protected; and,
(4) whether the districts have given appropriate considera-
tion to the factors set out in Texas Water Code 36.108(d).
(d) The board's consideration of the reasonableness of a de-
sired future condition pursuant to this subchapter shall be limited to
the issue or issues that were raised in the petition and upon which evi-
dence was received in the proceeding.
(e) If the desired future condition is found to be unreasonable,
the board shall make findings and recommend revisions that would
make the desired future condition reasonable.
(f) The executive administrator may at any stage of the process
described in this subchapter, terminate the proceedings on a petition
when an agreement is reached resolving the petition or a petition has
been withdrawn. A copy of any such agreement or withdrawal of the
petition shall become a part of the record.
356.44. Board Findings and Public Hearing on Recommended Re-
visions.
(a) Within 90 days after the board finds that the desired future
condition is unreasonable and recommends revisions, the districts shall
revise and propose for adoption the desired future condition in accor-
dance with the board's recommendations.
(b) The districts shall hold a public hearing at a central loca-
tion in the groundwater management area to solicit public comment on
the revised desired future condition. The notice of the public hearing
shall be posted no later than 30 days after the districts propose for adop-
tion the desired future condition and at least 10 days before the hearing
and include a copy of the board's recommended revisions. The districts
shall provide a copy of the notice of the public hearing to the execu-
tive administrator within three days of the date on which the notice is
published.
(c) The districts shall consider all public and board comments,
revise the desired future condition, and, within 30 days after the dis-
tricts' action, submit the revised desired future condition to the board
along with the rationale, based upon comments received at the public
hearing, for any changes to the desired future condition that vary from
the board's recommended revisions. The districts' rationale shall be
part of the record.
(d) In revising the desired future conditions under this section,
the districts are not required to prepare an explanatory report pursuant
to Texas Water Code 36.108(d-3).
(e) The executive administrator shall provide the districts and
appropriate regional water planning groups with the modeled availablegroundwater based on the desired future conditions as revised accord-
ing to the process described in Texas Water Code 36.1084 and 356.35
of this chapter (relating to Modeled Available Groundwater).
356.45. Waiver.
The executive administrator may, in his discretion, waive any of the
requirements of this subchapter upon a showing of good cause.
356.46. Administrative Record of the Proceedings.
When the executive administrator provides the modeled available
groundwater to the districts and the regional water planning groups,
the administrative record of the appeal will be closed. It shall contain,
in addition to the items listed in 356.43(b) of this subchapter (relating
to Board Evaluation, Consideration, and Deliberation):
(1) the minutes of the board's public deliberation on the pe-
tition;
(2) the board's report containing any recommended revi-
sions transmitted to the districts along with a copy of the transmittal
letter;
(3) the rationale for the districts' changes to the desired fu-
ture condition; and
(4) any other information that the executive administrator
determines is relevant to the petition.
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-201204989
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
SUBCHAPTER E. GROUNDWATER
MANAGEMENT PLAN APPROVAL
31 TAC 356.50 - 356.57
STATUTORY AUTHORITY
This rulemaking is proposed under the authority of Texas Water
Code 6.101, which authorizes the board to adopt rules neces-
sary to carry out the powers and duties of the board.
Cross reference to statute: Texas Water Code Chapters 35 and
36.
356.50. Scope ofSubchapter
This subchapter governs the agency's procedures for reviewing and ap-
proving management plans as administratively complete.
356.51. Required Management Plan.
As required by Texas Water Code 36.1071, 36.1072, and 36.1085, a
district shall submit to the executive administrator a management plan
that meets the requirements of 356.52 of this subchapter (relating to
Required Content of Management Plan). The management plan goals
must be time-based and quantifiable.PROPOSED RULES October 5, 2012 37 TexReg 7975
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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/m1/161/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.