Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,973
7533-7814 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
SUBCHAPTER C. SUBMISSION OF DESIRED
FUTURE CONDITIONS
31 TAC 356.30 - 356.35
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.
356.30. Scope of Subchapter.
This subchapter identifies the agency's requirements and process for
submitting desired future conditions under the requirement of Texas
Water Code 36.108.
356.31. Submission Date.
(a) Not later than five years after the date on which the districts
in a groundwater management area last collectively adopted a desired
future condition, the districts shall propose a desired future condition
for adoption in accordance with Texas Water Code 36.108.
(b) The districts in a groundwater management area may, as
part of the process for adopting and submitting desired future condi-
tions, propose classification of an aquifer or portions of an aquifer as
non-relevant, in which case no desired future condition is required. The
districts must submit the following documentation to the agency for the
aquifer or portion of the aquifer proposed to be classified as non-rele-
vant:
(1) A description, location, and/or map of the aquifer or
portion of the aquifer;
(2) A summary of aquifer characteristics, groundwater de-
mands, and current groundwater uses that support the conclusion that
desired future conditions in adjacent or hydraulically connected rele-
vant aquifer(s) will not be affected; and
(3) An explanation of why the aquifer or portion of the
aquifer is non-relevant for joint planning purposes.
356.32. Submission Package.
Districts must provide the following to the executive administrator no
later than 60 days following the date on which the desired future con-
dition(s) was adopted by the groundwater management area:
(1) a copy of the explanatory report addressing the infor-
mation required by Texas Water Code 36.108(d-3) and the criteria in
Texas Water Code 36.108(d);
(2) a copy of the resolution of the groundwater manage-
ment area adopting the desired future conditions as required by Texas
Water Code 36.108(d-3);
(3) a copy of the notice that was posted for the joint
planning meeting as required by Texas Water Code 36.108(e) and
36.108(e-2);
(4) the name of a designated representative of the ground-
water management area;
(5) any groundwater availability model files or aquifer as-
sessments used in developing the adopted desired future condition with
documentation sufficient to replicate the work; and
(6) any other information the executive administrator may
require.356.33. Determination ofAdministrative Completeness.
A submitted package will be considered administratively complete if
it contains complete copies of all documents required under 356.32
of this subchapter (relating to Submission Package) and is signed and
dated.
(1) The executive administrator will acknowledge in writ-
ing receipt of submitted packages and will advise whether they are ad-
ministratively complete or will provide a notice of deficiencies.
(2) Districts must submit to the executive administrator an
updated package that contains corrections to the deficiencies noted in
paragraph (1) of this section no later than 90 days following the date
on which the executive administrator provided a notice of deficiencies.
356.34. District Adoption of the Desired Future Condition.
Each district shall adopt the desired future condition for the aquifer(s)
within its boundaries as soon as possible after the executive administra-
tor advises that the desired future condition package is administratively
complete.
356.35. Modeled Available Groundwater
(a) The executive administrator will provide the modeled
available groundwater value for each aquifer with a desired future
condition to districts in a groundwater management area and the
appropriate regional water planning groups. The modeled available
groundwater value will be provided:
(1) No later than 180 days after the executive administra-
tor has provided notice that the submitted package is administratively
complete as described in 356.32 of this subchapter (relating to Sub-
mission Package); or
(2) No later than 180 days after the date on which the board
determines that the petition is resolved.
(b) An appeal of a desired future condition will be considered
resolved when:
(1) The board determines that the desired future condition
is reasonable; or
(2) When districts in the groundwater management area
submit a revised desired future condition(s) to the board.
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-201204988
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 D. APPEALING APPROVAL
OF DESIRED FUTURE CONDITIONS
31 TAC 356.40 - 356.46
STATUTORY AUTHORITYPROPOSED RULES October 5, 2012 37 TexReg 7973
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
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/m1/159/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.