| (a) In the event an RWPG has asserted an interregional
conflict and the Board has determined that there is a potential for
a substantial adverse effect on that region, or the Board finds that
an interregional conflict exists between IPPs, the EA may use the
following process:
(1) notify the affected RWPGs of the nature of the
interregional conflict;
(2) request affected RWPGs appoint a representative
or representatives authorized to negotiate on behalf of the RWPG and
notify the EA in writing of the appointment;
(3) request affected RWPGs' assistance in resolving
the conflict; and
(4) negotiate resolutions of conflicts with RWPGs as
determined by the EA.
(b) In the event the negotiation is unsuccessful, the
EA may:
(1) determine a proposed recommendation for resolution
of the conflict;
(2) provide notice of its intent to hold a public hearing
on proposed recommendations for resolution of the conflict by publishing
notice of the proposed change in the Texas
Register and in a newspaper of general circulation in each
county located in whole or in part in the RWPAs involved in the dispute
30 days before the public hearing and by mailing notice of the public
hearing 30 days before public hearing to those persons or entities
listed in §357.21(h) of this title (relating to Notice and Public
Participation) in the RWPAs proposed to be impacted, and to each county
judge of a county located in whole or in part in the RWPAs proposed
to be impacted and to each affected RWPG;
(3) hold a public hearing on the proposed recommendation
for resolution of the conflict at a time and place determined by the
EA. At the hearing, the EA shall take comments from the RWPGs, Political
Subdivisions, and members of the public on the issues identified by
the Board as unresolved problems; and
(4) make a recommendation to the Board for resolution
of the conflict.
(c) The Board shall consider the EA's recommendation
and any written statements by a representative for each affected RWPG
and determine the resolution of the conflict. The Board's decision
is final and not appealable.
(d) The EA shall notify affected RWPGs of Board's decision
and shall direct changes to the affected RWPs, to be incorporated
in accordance with Texas Water Code §16.053(h)(6).
|
| Source Note: The provisions of this §357.62 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective November 30, 2015, 40 TexReg 8648; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective April 11, 2018, 43 TexReg 2158; amended to be effective May 1, 2022, 47 TexReg 2527 |
