| (a) The Board shall review and update the designations
of RWPAs as necessary but at least every five years, on its own initiative
or upon recommendation of the EA. The Board shall provide 30 days
notice of its intent to amend the designations of RWPAs by publication
of the proposed change in the Texas Register and by mailing the notice
to each mayor of a municipality with a population of 1,000 or more
or which is a county seat that is located in whole or in part in the
RWPAs proposed to be impacted, to each water district or river authority
located in whole or in part in the RWPA based upon lists of such water
districts and river authorities obtained from the Commission, and
to each county judge of a county located in whole or in part in the
RWPAs proposed to be impacted. After the 30 day notice period, the
Board shall hold a public hearing at a location to be determined by
the Board before making any changes to the designation of an RWPA.
(b) If upon boundary review the Board determines that
revisions to the boundaries are necessary, the Board shall designate
areas for which RWPs shall be developed, taking into consideration
factors such as:
(1) River basin and aquifer delineations;
(2) Water utility development patterns;
(3) Socioeconomic characteristics;
(4) Existing RWPAs;
(5) Political Subdivision boundaries;
(6) Public comment; and
(7) Other factors the Board deems relevant.
(c) After an initial coordinating body for a RWPG is
named by the Board, the RWPGs shall adopt, by two-thirds vote, bylaws
that are consistent with provisions of this chapter. Within 30 days
after the Board names members of the initial coordinating body, the
EA shall provide to each member of the initial coordinating body a
set of model bylaws which the RWPG shall consider. The RWPG shall
provide copies of its bylaws and any revisions thereto to the EA.
The bylaws adopted by the RWPG shall at a minimum address the following
elements:
(1) definition of a quorum necessary to conduct business;
(2) method to be used to approve items of business
including adoption of RWPs or amendments thereto;
(3) methods to be used to name additional members;
(4) terms and conditions of membership;
(5) methods to record minutes and where minutes will
be archived as part of the public record; and
(6) methods to resolve disputes between RWPG members
on matters coming before the RWPG.
(d) RWPGs shall maintain at least one representative
of each of the following interest categories as voting members of
the RWPG. However, if an RWPA does not have an interest category below,
then the RWPG shall so advise the EA and no membership designation
is required.
(1) Public, defined as those persons or entities having
no economic interest in the interests represented by paragraphs (2)
- (12) of this subsection other than as a normal consumer;
(2) Counties, defined as the county governments for
the 254 counties in Texas;
(3) Municipalities, defined as governments of cities
created or organized under the general, home-rule, or special laws
of the state;
(4) Industries, defined as corporations, partnerships,
sole proprietorships, or other legal entities that are formed for
the purpose of making a profit and which produce or manufacture goods
or services and which are not small businesses;
(5) Agricultural interests, defined as those persons
or entities associated with production or processing of plant or animal
products;
(6) Environmental interests, defined as those persons
or groups advocating the conservation of the state's natural resources,
including but not limited to soil, water, air, and living resources;
(7) Small businesses, defined as corporations, partnerships,
sole proprietorships, or other legal entities that are formed for
the purpose of making a profit, are independently owned and operated,
and have fewer than 500 employees or less than $10 million in gross
annual receipts;
(8) Electric generating utilities, defined as any persons,
corporations, cooperative corporations, or any combination thereof,
meeting each of the following three criteria: own or operate for compensation
equipment or facilities which produce or generate electricity; produce
or generate electricity for either wholesale or retail sale to others;
and are neither a municipal corporation nor a river authority;
(9) River authorities, defined as any districts or
authorities created by the legislature which contain areas within
their boundaries of one or more counties and which are governed by
boards of directors appointed or designated in whole or part by the
governor or board, including, without limitation, San Antonio River
Authority;
(10) Water districts, defined as any districts or authorities,
created under authority of either Texas Constitution, Article III, §52(b)(1)
and (2), or Article XVI, §59 including districts having the authority
to regulate the spacing of or production from water wells, but not
including river authorities;
(11) Water utilities, defined as any persons, corporations,
cooperative corporations, or any combination thereof that provide
water supplies for compensation except for municipalities, river authorities,
or water districts; and
(12) Groundwater management areas, defined as a single
representative for each groundwater management area that is at least
partially located within an RWPA. Defined as a representative from
a groundwater conservation district that is appointed by the groundwater
conservation districts within the associated groundwater management
area.
(e) The RWPGs shall add the following non-voting members,
who shall receive meeting notifications and information in the same
manner as voting members:
(1) Staff member of the Board to be designated by the
EA;
(2) Staff member of the Texas Parks and Wildlife Department
designated by its executive director;
(3) Member designated by each adjacent RWPG to serve
as a liaison;
(4) One or more persons to represent those entities
with headquarters located in another RWPA and which holds surface
water rights authorizing a diversion of 1,000 acre-feet a year or
more in the RWPA, which supplies water under contract in the amount
of 1,000 acre-feet a year or more to entities in the RWPA, or which
receives water under contract in the amount of 1,000 acre-feet a year
or more from the RWPA;
(5) Staff member of the Texas Department of Agriculture
designated by its commissioner; and
(6) Staff member of the State Soil and Water Conservation
Board designated by its executive director.
(f) Each RWPG shall provide a current list of its members
to the EA; the list shall identify the interest represented by each
member including interests required in subsection (d) of this section.
(g) Each RWPG, at its discretion, may at any time add
additional voting and non-voting representatives to serve on the RWPG
for any new interest category, including additional representatives
of those interests already listed in subsection (d) of this section
that the RWPG considers appropriate for water planning.
(h) Each RWPG, at its discretion, may remove individual
voting or non-voting members or eliminate RWPG representative positions
in accordance with the RWPG bylaws as long as minimum requirements
of RWPG membership are maintained in accordance with subsection (d)
of this section.
(i) RWPGs may enter into formal and informal agreements
to coordinate, avoid conflicts, and share information with other RWPGs
or any other interests within any RWPA for any purpose the RWPGs consider
appropriate including expediting or making more efficient water planning
efforts. These efforts may involve any portion of the RWPG membership.
Any plans or information developed through these efforts by RWPGs
or by committees may be included in an RWP only upon approval of the
RWPG.
(j) Upon request, the EA will provide technical assistance
to RWPGs, including on water supply and demand analysis, methods to
evaluate the social and economic impacts of not meeting needs, and
regarding Drought Management Measures and water conservation practices.
(k) The Board shall appoint an Interregional Planning
Council during each state water planning cycle. The Interregional
Planning Council will be subject to the following provisions:
(1) The Interregional Planning Council consists of
one voting member from each RWPG, as appointed by the Board.
(2) Upon request by the EA, each RWPG shall submit
at least one nomination for appointment, including a designated alternate
for each nomination.
(3) Interregional Planning Council members will serve
until adoption of the State Water Plan.
(4) The Interregional Planning Council, during each
planning cycle to develop the State Water Plan, shall hold at least
one public meeting and deliver a report to the Board. The report format
may be determined by the Council. The report at a minimum shall include
a summary of the dates the Council convened, the actions taken, minutes
of the meetings, and any recommendations for the Board's consideration,
based on the Council's work. Meeting frequency, location, and additional
report content shall be determined by the Council.
(5) The Council's report shall be delivered to the
Board no later than one year prior to the IPP deliverable date for
the corresponding State Water Plan cycle, as set in regional water
planning contracts.
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