| (a) In priority groundwater management areas (PGMAs)
designated after September 1, 2001 under §294.42 of this title
(relating to Commission Action Concerning PGMA Designation), where
no groundwater conservation district (GCD) has been created, the executive
director shall, after identifying the applicable areas under §294.43(d)
and (e) of this title (relating to Actions Required After PGMA Designation),
recommend district creation for commission action.
(1) The recommendation shall be based on and consistent
with the commission's designation order under §294.42 of this
title. The executive director's recommendation, in the form of a proposed
order, must provide for the purpose, boundary description, minimum
financing, and the number of temporary directors for each county for
the district.
(2) The executive director's proposed order shall be
filed with the chief clerk for commission consideration. The executive
director shall prepare a notice and include a mailing list of:
(A) water stakeholders that include the governing body
of each county, regional water planning group, adjacent GCD, municipality,
river authority, water district, or other entity that supplies public
drinking water, including each holder of a certificate of convenience
and necessity issued by the commission and each irrigation district
located either in whole or in part in the proposed district; and
(B) any other persons identified in the PGMA designation
hearing.
(3) The chief clerk shall give notice of the executive
director's recommendation and proposed order and the date of the agenda
when the commission will act on the district creation to the water
stakeholders and other persons identified in the PGMA designation
hearing. The commission shall not hold an evidentiary hearing on the
district creation.
(b) In PGMAs designated before September 1, 2001, the
executive director, after identifying the areas in the PGMA that have
not created a district, shall petition the commission for the creation
of a district by preparing a report and filing the report with the
chief clerk.
(1) The report shall identify the areas not included
in a district and evaluate and recommend whether one or more districts
should be created in the identified areas, whether the identified
areas should be added to an existing district, or whether a combination
of these actions should be taken.
(2) The report shall include the following:
(A) the purpose or purposes of the recommended district
creation action or actions;
(B) the name of the recommended district or districts
or the name of the existing district if the recommendation is to add
the identified areas to an existing district;
(C) the area and boundaries of the recommended district
or districts or the recommended area to be added to an existing district,
including a map generally outlining the boundaries;
(D) the number of temporary directors for each county
in the recommended district or districts; and
(E) the feasibility and practicability of the recommended
district creation action.
(3) The executive director shall prepare a mailing
list of water stakeholders including the governing body of each county,
regional water planning group, adjacent GCD, municipality, river authority,
water district, or other entity that supplies public drinking water,
including each holder of a certificate of convenience and necessity
issued by the commission and each irrigation district located either
in whole or in part in the identified areas.
(4) The executive director shall prepare a public notice
for publishing and mailing. The public notice shall:
(A) state that the commission has been petitioned by
the executive director to create a GCD;
(B) provide notice of the date, time, and location
of a contested case hearing to receive evidence on the petition;
(C) provide notice of the availability of the petition
and supporting information; and
(D) provide a general map of the proposed district
if the area is not a recognizable political subdivision boundary.
(5) On receipt of the report and notice, the chief
clerk shall:
(A) mail notice of the petition to the water stakeholders
identified in the executive director's mailing list; and
(B) publish notice in one or more newspapers of general
circulation in the area of the proposed district.
(6) The commission, or the executive director on behalf
of the commission, shall refer the petition to SOAH for a contested
case hearing on the executive director's report and recommendation.
(7) The hearing shall be limited to consideration of
the executive director's report and recommendation. The administrative
law judge may also consider other district creation options evaluated
in the executive director's report. To determine the feasibility and
practicability of the recommended district creation action, the administrative
law judge shall consider:
(A) whether the recommended district creation action
can effectively manage groundwater resources under the authorities
provided in Texas Water Code (TWC), Chapter 36;
(B) whether the boundaries of the recommended district
creation action provide for the effective management of groundwater
resources; and
(C) whether the recommended district creation action
can be adequately funded to finance required or authorized groundwater
management planning, regulatory, and district operation functions
under TWC, Chapter 36.
(8) The administrative law judge shall at the conclusion
of the hearing, issue a proposal for decision stating findings, conclusions,
and recommendations. The administrative law judge shall file these
findings and conclusions with the chief clerk with a request for the
petition be set for commission consideration.
(c) If the commission finds the creation of the district
or districts is feasible and practicable, it shall issue an order
creating the district or districts. The order shall include the purpose
of the district, boundary description, minimum maintenance tax or
production fee necessary to support the district, and the number of
temporary directors for each county in the district according to TWC, §36.0161.
The commission order shall direct the commissioners court of the county
or counties that are within the district to appoint temporary directors.
The commission order shall direct the temporary directors to call
and schedule an election to authorize the district to assess taxes
and to elect permanent directors.
(1) The commissioners court of the county or counties
within the district shall, within 90 days after receiving notification
from the commission, appoint temporary directors for the district
and notify the commission of the appointments. The commissioners court
shall not make any appointments after the expiration of the 90-day
period. If fewer temporary directors have been appointed at the expiration
of the period than required, the commission shall appoint the additional
directors.
(2) If the district contains two or more counties,
the commission shall apportion the number of temporary directors to
each county based on each county's proportionate amount, to the nearest
whole number, of the total estimated groundwater use within the district.
The total estimated groundwater usage within the district for each
county shall be based on information and data contained in the most
current version of the Texas State Water Plan as adopted by the Texas
Water Development Board and other information developed under §294.41
of this title (relating to Priority Groundwater Management Area Identification,
Study, and Executive Director's Report Concerning Designation).
(3) If a temporary director appointed by the commissioners
court fails to qualify according to TWC, §§36.051(b), 36.058,
and 36.059(b), or if a vacancy occurs in the office of temporary director,
the commissioners court shall appoint an individual to fill the vacancy.
(4) Temporary directors appointed under this subsection
shall serve until the initial directors are elected and have qualified
for office.
(d) If the commission finds the areas identified in
the report provided by subsection (b)(1) of this section should be
added to an existing district, the commission shall issue an order
recommending the addition of the identified areas to the existing
district. The commission and the executive director shall follow the
procedures provided under §294.44 of this title (relating to
Adding a PGMA to an Existing Groundwater Conservation District).
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