Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,972
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to Petition: Reviewability, Form, Receipt, Postponement, Response,
and Joinder).
(17) Petitioner--A person with a legally defined interest in
groundwater, a district in or adjacent to the groundwater management
area, or a regional water planning group for a region in the groundwater
management area who appeals the adoption of a desired future condi-
tion.
(18) Projected water demand--The quantity of water
needed on an annual basis according to the state water plan for the
state water plan planning period.
(19) Recharge enhancement--Increased recharge accom-
plished by the modification of the land surface, streams, or lakes to
increase seepage or infiltration rates or by the direct injection of water
into the subsurface through wells.
(20) State water plan--The most recent state water plan
adopted by the board under Texas Water Code 16.051 (relating to
State Water Plan).
(21) Surface water management entities--Political subdivi-
sions as defined by Texas Water Code Chapter 15 and identified from
Texas Commission on Environmental Quality records that are granted
authority under Texas Water Code Chapter 11 to store, take, divert, or
supply surface water either directly or by contract for use within the
boundaries of a district.
(22) Total Estimated Recoverable Storage--The estimated
amount of groundwater within an aquifer that accounts for aquifer con-
ditions, hydrologic properties, water quality, and desired future condi-
tions, and that is adjusted for recovery scenarios that typically range
between 25% and 75% of the porosity-adjusted aquifer volume.
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-201204986
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 B. DESIGNATION OF
GROUNDWATER MANAGEMENT AREAS
31 TAC 356.20 - 356.22
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.
,356.20. Scope ofSubchapter.
This subchapter describes the agency's delineation of groundwater
management areas pursuant to the requirements of Texas Water Code
35.004.356.21. Designation of Groundwater Management Areas.
The boundaries of the groundwater management areas are delineated
using a geographic information system maintained and updated by the
executive administrator. The digital files and a graphic representation
of the groundwater management area boundaries are available on
a CD-ROM located in agency offices and on the agency's web site
at http://www. twdb. texas.gov. The graphic representation includes
groundwater management area boundaries superimposed on a map
that includes Texas county lines and may be used for creating graphic
representations of the groundwater management area boundaries and
other associated geographic features. These files are controlling in the
event of a conflict with any graphic representation.
356.22. Request to Amend Groundwater Management Area Bound-
aries.
(a) A request to amend the boundaries of a groundwater man-
agement area must be addressed to the executive administrator and
must contain the following:
(1) a resolution supporting the change signed by each of
the district representatives in each affected groundwater management
area;
(2) a demonstration that the geographic and hydrogeologic
conditions require the proposed boundary change or an explanation that
the change involves only an administrative correction; and
(3) a copy of the notice and minutes of the public meeting
held by the districts in each affected groundwater management area
at which the districts approved the resolution in paragraph (1) of this
subsection.
(b) The executive administrator will review the request and
will notify the districts of his decision.
(1) If the proposed change involves only an administrative
adjustment or correction to the boundary data files identified in 356.21
of this subchapter (relating to Designation of Groundwater Manage-
ment Areas), the executive administrator will instruct agency staff to
make the change and notify the districts upon completing the change.
(2) If the proposed change involves a substantive change
to the boundaries of one or more groundwater management areas, the
request will be presented to the board for authorization to proceed with
rulemaking.
(c) The executive administrator may, in his discretion, make
administrative corrections to the data files described in 356.21 of this
subchapter. The executive administrator will notify the affected dis-
tricts before making any correction.
(d) The executive administrator may, in his discretion, waive
any of the requirements of this subchapter upon a showing of good
cause.
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-201204987
Kenneth L. Petersen
General Counsel
Texas Water Development Board
Earliest possible date of adoption: November 4, 2012
For further information, please call: (512) 463-806137 TexReg 7972 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/m1/158/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.