Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,970
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vides that any agreement or notice of withdrawal of the petition
becomes part of the administrative record of the proceedings.
Proposed new 356.44, relating to Board Findings and Public
Hearing on Recommended Revisions, provides the process and
timetable for the districts to respond to revisions recommended
by the board should the board find that the desired future con-
dition is unreasonable. Proposed new subsection (a) provides
that the districts shall propose for adoption revised desired fu-
ture conditions in accordance with the board's recommendation
within 90 days following the board's decision. Proposed new
subsection (b) provides for a public hearing to be held by the
districts to solicit public comment on the proposed revised de-
sired future condition and requires the districts to provide a copy
of the notice of the public hearing to the executive administrator
within three days of the date on which the notice is published.
Subsection (c) provides that the districts will act on revising the
desired future condition and submit the revised desired future
condition to the board within 30 days of the districts' action along
with a rationale for any changes to the desired future condition
that vary from the board's recommendation. Subsection (d) pro-
vides that the revision of the desired future condition under this
section does not require the preparation of an explanatory report
pursuant to Texas Water Code 36.108(d-3).
Proposed new 356.45, relating to Waiver, provides that the ex-
ecutive administrator may waive any of the requirements of Sub-
chapter D, 356.40 - 356.46 upon a showing of good cause.
Proposed new 356.46, relating to Administrative Record of
the Proceedings, provides that the administrative record of
an appeal under Subchapter D, 356.40 - 356.46 will be
closed when the executive administrator provides the modeled
available groundwater to the districts and the regional planning
groups. Section 356.46 further identifies the items that will be
included in the administrative record of the proceedings.
Subchapter E. Groundwater Management Plan Approval.
Proposed new 356.50, relating to Scope of Subchapter pro-
vides that the subchapter governs the agency's procedures for
reviewing and approving management plans as administratively
complete under Texas Water Code 36.1071 and 36.1072.
Proposed new 356.51, relating to Required Management Plan,
provides that a district must submit to the executive administrator
an approvable management plan with goals that are time-based
and quantifiable.
Proposed new 356.52, relating to Required Content of Man-
agement Plan, details the content of a management plan, includ-
ing management goals, objectives, performance standards, and
estimates of certain measures used in the management plan.
Subsection (b) provides that the goals, performance standards,
and management objectives must be consistent with the applica-
ble desired future condition(s). Subsection (c) provides that the
district must use the groundwater availability modeling informa-
tion provided by the executive administrator in conjunction with
site-specific information when developing the estimates.
Proposed new 356.53, relating to Plan Submission, provides
instructions on the contents of a plan package submitted to the
executive administrator.
Proposed new 356.54, relating to Approval, describes an ad-
ministratively complete plan and provides that a district has 180
days from receipt of a notice denying approval of a plan in which
to revise the plan so that it complies with all requirements. Sub-
section (c) provides the conditions under which an approvedmanagement plan remains in effect when the plan is set to ex-
pire.
Proposed new 356.55, relating to Appeal of Denial of Manage-
ment Plan Approval, provides the procedures under which a dis-
trict may appeal the denial of a management plan to the board.
Proposed new 356.56, relating to Approval of Amendments,
provides procedures under which a district may propose to
amend its management plan for revision of items other than
the modeled available groundwater or desired future conditions
and review of any amendment for approval by the executive
administrator. Section 356.56 further provides that amendments
addressing items required by Texas Water Code 36.1071
relating to contents of a management plan must be submitted
in the form of an amended plan instead of an addendum. Such
amendments must be submitted in accordance with the require-
ments of this subchapter relating to the submission of a plan.
Proposed new 356.57, relating to Sharing with Regional Water
Planning Groups, requires each district to forward a copy of its
approved management plan to the chair of each regional water
planning group within the district's boundaries.
Subchapter F Data Collection and Training.
Proposed new 356.60, relating to Scope of Subchapter, pro-
vides that the purpose of the subchapter is to provide for data
collection training and reporting by districts.
Proposed new 356.61, relating to Training on Data Collection
Methodology, provides that the Texas Water Development
Board will provide training on basic data collection and reporting
methodology if requested by a district in writing addressed to
the executive administrator.
Proposed new 356.62, relating to Data Collected by the Dis-
trict, provides that a district will provide any data collected by the
district to the executive administrator upon request.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERN-
MENTS
Melanie Callahan, Executive Administrator, has determined that
there will not be any additional estimated costs to state and local
governments as a result of enforcing or administering the rule
for the first five years these rules will be in effect. These rules
contain procedural and substantive directives to the groundwater
conservation districts that are required to comply with the direc-
tives. There are no estimated additional costs because the di-
rectives are connected directly to statutory processes with which
the groundwater conservation districts must comply.
Ms. Callahan has determined that there are no estimated re-
ductions in costs to state or local governments as a result of en-
forcing or administering these rules for the first five years these
rules will be in effect. In addition, Ms. Callahan has determined
that there will not be any loss of or increase to revenue to state
or local governments as a result of enforcing or administering
these rules for the first five years that these rules will be in ef-
fect. These proposed rules do not affect the revenues of state
or local governments.
PUBLIC BENEFITS AND COSTS
Ms. Callahan also has determined that for each year of the first
five years the proposed rulemaking is in effect, the public will
benefit from the rulemaking because the rules are not directed to
members of the public. Additionally, these rules provide a public
benefit through improved clarity and elimination of unnecessary37 TexReg 7970 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/m1/156/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.