TITLE 31. NATURAL RESOURCES AND CONSERVATION

Part 10. TEXAS WATER DEVELOPMENT BOARD

Chapter 356. GROUNDWATER MANAGEMENT

Subchapter B. DESIGNATION OF GROUNDWATER MANAGEMENT AREAS

31 TAC §356.23

The Texas Water Development Board (the board) proposes amendments to §356.23 to 31 TAC Chapter 356 concerning Groundwater Management, Subchapter B, Designation of Groundwater Management Areas. This section designates and delineates groundwater management areas (GMAs) as required by statute.

The board proposes amendments to §356.23 to respond to a request to change the boundary lines for the previously designated and delineated groundwater management areas. Additionally, a software update results in seven digital files. The seven updated digital files collectively constituting a data set delineating the corrected groundwater management area boundary lines are adopted by reference. A CD-ROM containing the data is located in the offices of the board and is on file with the Secretary of State, Texas Register. The updated CD-ROM contains all of the geographic information system data used to create the boundaries as well as software and instructions on how to locate a specific area by coordinates or other means on a digital map. The same information can also be found on the board's web site at http://www.twdb.state.tx.us.

Veronica Hinojosa-Segura, Chief Financial Officer, has determined that for the first five-year period the amendments are in effect, there will not be fiscal implications on state and local government as a result of enforcement and administration of the amended section.

Ms. Hinojosa-Segura has also determined that for the first five years the amendments, as proposed, are in effect, the public benefit anticipated as a result of enforcing the proposed amendments will be improved coordination in the management of groundwater resources in Texas. Ms. Hinojosa-Segura has determined there will not be economic costs to small businesses or individuals required to comply with the amendments as proposed.

Comments on the proposal will be accepted for 30 days following publication and may be submitted to Robert Flores, Attorney, Office of General Counsel, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231, by e-mail to robert.flores@twdb.state.tx.us or by fax at (512) 463-5580.

The amendments are proposed under the authority of the Texas Water Code, Chapter 6, §6.101 which provides the board with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State, as well as under the authority of Texas Water Code, Chapter 35, §35.004 which provides that the Texas Water Development Board shall designate groundwater management areas covering all major and minor aquifers in the State.

The statutory provisions affected by the proposed amendments are Texas Water Code, Chapter 35.

§356.23.Designation of Groundwater Management Areas.

Seven digital files entitled "Groundwater_Management_Areas_04_18_07.dbf DBF File (database file)," "Groundwater_Management_Areas_04_18_07.prj PRJ file (projection file)," "Groundwater_Management_Areas_04_18_07.sbn SBN File," "Groundwater_Management_Areas_04_18_07.sbx SBX File," "Groundwater_Management_Areas_04_18_07.shp SHP File (shape, i.e. point, polygon or line)," "Groundwater_Management_Areas_04_18_07.shx SHX file," and "Groundwater_Management_Areas_04_18_07.shp.xml XML Document (metadata file)" [ "Groundwater_Management_Areas_07_21_06.dbf DBF File (database file)," "Groundwater_Management_Areas_07_21_06.prj PRJ File (projection file)," "Groundwater_Management_Areas_07_21_06.sbn SBN File," "Groundwater_Management_Areas_07_21_06.sbx SBX File," "Groundwater_Management_Areas_07_21_06.shp SHP File (shape, i.e. point, polygon or line)," "Groundwater_Management_Areas_07_21_06.shx SHX File," and "Groundwater_Management_Areas_07_21_06.shp XML Document (metadata file)" ] collectively constituting the data set delineating groundwater management area boundary lines for the State of Texas are adopted by reference. The boundaries of the groundwater management areas were created using a geographic information system. The digital files and a graphic representation of the groundwater management area boundaries entitled "Groundwater Management Areas_04_18_07.jpg" [ "Groundwater Management Areas_07_21_06.jpg" ] are available on a CD-ROM located in the offices of the Texas Water Development Board, on the board's web site at http:\\www.twdb.state.tx.us, and are on file with the Secretary of State, Texas Register. The graphic representation includes groundwater management area boundaries superimposed on a map that includes Texas county lines. The digital files entitled "Groundwater_Management_Areas_04_18_07.dbf DBF File (database file)," "Groundwater_Management_Areas_04_18_07.prj PRJ File (projection file)," "Groundwater_Management_Areas_04_18_07.sbn SBN File," "Groundwater_Management_Areas_04_18_07.sbx SBX File," "Groundwater_Management_Areas_04_18_07.shp SHP File (shape, i.e. point, polygon or line)," "Groundwater_Management_Areas_04_18_07.shx SHX file," and "Groundwater_Management_Areas_04_18_07.shp.xml XML Document (metadata file)" [ "Groundwater_Management_Areas_07_21_06.dbf DBF File (database file)," "Groundwater_Management_Areas_07_21_06.prj PRJ File (projection file)," "Groundwater_Management_Areas_07_21_06.sbn SBN File," "Groundwater_Management_Areas_07_21_06.sbx SBX File," "Groundwater_Management_Areas_07_21_06.shp SHP File (shape, i.e. point, polygon or line)," "Groundwater_Management_Areas_07_21_06.shx SHX File," and "Groundwater_Management_Areas_07_21_06.shp XML Document (metadata file)" ] are controlling in the event of a conflict with any graphic representation.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 24, 2007.

TRD-200702026

J. Kevin Ward

Executive Administrator

Texas Water Development Board

Proposed date of adoption: July 24, 2007

For further information, please call: (512) 475-2052