| (a) This memorandum of agreement (MOA) between the
Texas Water Development Board (TWDB) and Texas Commission on Environmental
Quality (TCEQ) which sets forth the coordination of program responsibilities
related to groundwater conservation district management, planning,
approval, review, and oversight. This MOA is intended to clarify and
outline the necessary coordination required for the agencies to document
their respective duties, responsibilities, and functions as provided
under Chapter 36 of the Texas Water Code.
(b) Definitions.
(1) Approval. The approval of a groundwater conservation
district's adopted management plan as administratively complete by
the Executive Administrator of the TWDB as required under §36.1072
of the Texas Water Code.
(2) Enforcement actions. Formal commission actions
to achieve groundwater management by a groundwater conservation district
as identified under §36.303 through §36.308 of the Texas
Water Code including:
(A) issuing an order requiring the district to take
certain actions or refrain from taking certain actions;
(B) dissolving the district's board of directors in
accordance with §§36.305 and 36.307 of the Texas Water Code;
(C) requesting the Attorney General to bring suit for
the appointment of a receiver to collect assets and carry on the business
of the district; or
(D) dissolving the district in accordance with §§36.304,
36.305, and 36.308 of the Texas Water Code.
(3) Executive Administrator. The Executive Administrator
of the TWDB or a designated representative.
(4) Executive Director. The Executive Director of the
TCEQ or a designated representative.
(5) Executive Director's Preliminary Report or EDPR.
A pleading filed by the Executive Director which, when issued and
served under this title, seeks an enforcement order against a respondent.
EDPR is further defined in 30 TAC Chapter 70, Subchapter C (relating
to Enforcement Referrals to the State Office of Administrative Hearings).
(6) Groundwater conservation district (or district).
Any district or authority created under Section 52, Article III, or
Section 59, Article XVI, Texas Constitution, that has the authority
to regulate the spacing of water wells, the production from water
wells, or both.
(7) Management Plan. The comprehensive plan developed
and adopted by the groundwater conservation district under §36.1071
of the Texas Water Code and subject to approval by the Executive Administrator
of the TWDB under §36.1072 of the Texas Water Code that addresses
groundwater management goals, performance standards, and objectives
which specifies actions, procedures, performance, and avoidance that
are or may be necessary to effect the plan.
(c) Interrelated Responsibilities and Jurisdictions
of the TCEQ and TWDB.
(1) The TCEQ. The TCEQ has exclusive jurisdiction over
the creation of groundwater conservation districts pursuant to §36.011
of the Texas Water Code, for maintaining records of groundwater conservation
district confirmation election results under §36.017(e) of the
Texas Water Code, for maintaining records of groundwater conservation
district directors registered with the TCEQ pursuant to §36.054(e)
of the Texas Water Code, and has a right of supervision over groundwater
conservation districts pursuant to §12.081 of the Texas Water
Code.
(A) The TCEQ is responsible for taking certain enforcement
action under §36.303 of the Texas Water Code if a groundwater
conservation district board of directors fails to submit a management
plan, fails to receive approval of its management plan under §36.1072
of the Texas Water Code, or fails to submit or receive approval of
an amendment to the management plan under §36.1073 of the Texas
Water Code. The TCEQ may not take enforcement action against a district
under §36.303 of the Texas Water Code until either:
(i) the board of directors of a district has failed
to submit a management plan or amendment of its plan by the required
date;
(ii) the board of directors of a district has failed
to submit a revised management plan (or subsequent amendment of a
management plan) within 180 days of receiving notice from the executive
administrator that the management plan (or subsequent amendment of
a management plan) has not been approved and the district has not
appealed the executive administrator's decision to the TWDB;
(iii) the date the TWDB has taken final action withholding
approval of a management plan (or a subsequent amendment of a management
plan) if the district has appealed the Executive Administrator's decision
to the TWDB; or
(iv) a district court in Travis County has taken final
action withholding approval of a management plan (or a subsequent
amendment of a management plan) if the district has appealed the TWDB’s
decision to a court.
(B) The TCEQ is responsible for taking certain enforcement
actions under §36.303 of the Texas Water Code if a petition requesting
an inquiry related to groundwater conservation district planning or
management in a groundwater management area is not dismissed and the
TCEQ appointed review panel has prepared and submitted a written report
detailing findings and recommended actions.
(C) The TCEQ is responsible for taking certain enforcement
action under §36.303 of the Texas Water Code if it is determined
by the SAO under §36.302 of the Texas Water Code that a groundwater
conservation district is not actively engaged in achieving the objectives
of the district's management plan based on an audit of the district's
performance under the plan.
(D) The TCEQ is responsible for investigation of the
facts and circumstances of any violations of any rule or order of
the commission, consistent with agency authority under §12.081
of the Texas Water Code. The Executive Director must prepare and file
a written report with the commission and the subject district which
documents the findings of the investigation and includes any recommended
enforcement actions the Executive Director believes the commission
should take under §36.303 of the Texas Water Code.
(E) An enforcement order approved by the commission
may require the district to take certain action, refrain the district
from taking certain actions, dissolve the district’s board of
directors, request the Attorney General to bring suit for the appointment
of a receiver to collect assets and carry on the business of the district,
or dissolve the district, as identified under §36.303(a) of the
Texas Water Code.
(2) The TWDB. Under §36.1072(c) of the Texas Water
Code, the Executive Administrator of the TWDB is responsible for approving
groundwater conservation district management plans within 60 days
of receipt if the plans are administratively complete. Under §36.1072(c)
of the Texas Water Code, if the Executive Administrator does not approve
a management plan, the Executive Administrator must provide to the
district, in writing, the reasons for the action. Within 180 days
after the date of receipt of notice, the district may submit a revised
management plan for review and approval. As identified under §36.1072
of the Texas Water Code, the Executive Administrator's decision may
be appealed to the TWDB; the decision of the TWDB may also be appealed
to a district court in Travis County. TWDB rules in Chapter 356 of
Title 31 of the Texas Administrative Code more fully set out these
procedures.
(d) Agreed activities of each party to this MOA. For
the mutual benefit of the parties to this MOA and to provide for a
consistent regulatory framework, the parties agree to cooperate in
function and service to the following:
(1) The Executive Director of the TCEQ will provide
written notice to the Executive Administrator of the TWDB when a new
groundwater conservation district is created or confirmed by voter
election and the district's temporary board of directors has fulfilled
its statutory obligation and made such information available to the
TCEQ. Also, notice of the following information will be provided to
the TWDB within 15 days of receipt of required notifications from
the district:
(A) the name, location, and enabling action for the
newly created district;
(B) the date of statutory creation or the date of creation
confirmation election, if an election is required; and
(C) the name of all directors, mailing address(es),
and term expiration dates for directors of the new district.
(2) The Executive Administrator of the TWDB will provide
written notice to the Executive Director of the TCEQ within 15 days,
when the Executive Administrator:
(A) has not received a groundwater conservation district
management plan by the required deadline for submission from a district;
(B) receives a groundwater conservation district management
plan for administrative completeness review;
(C) approves a groundwater conservation district management
plan as administratively complete;
Cont'd... |
