(a) If the executive administrator denies approval
of a management plan, a revised management plan, or an amendment to
a management plan, the district may appeal the denial by notifying
the executive administrator in writing of its intent to appeal, not
later than 60 days after the executive administrator's written notice
of denial.
(1) Not later than 30 days after filing its notice
of intent to appeal, a district shall submit to the executive administrator
in writing points of appeal addressing each of the executive administrator's
reasons for denial of approval.
(2) The appeal shall be heard at the first regularly
scheduled meeting of the board to occur after the expiration of 30
days from the receipt of the district's written points of appeal.
Written notice of appeal and written points of appeal shall be considered
to be received by the executive administrator when received in the
Austin offices of the agency.
(3) The executive administrator may file a written
response to the district's points of appeal with the board and shall
provide a copy of the response to the district.
(b) If the board upholds the executive administrator's
decision to deny approval of the management plan, the district may
request that the matter be mediated or, failing mediation, may appeal
to a district court in Travis County, in accordance with Texas Water
Code §36.1072(f).
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