| (a) Prior to the preparation for the RWPs, in accordance
with the public participation requirements in §357.21 of this
title (relating to Notice and Public Participation), the RWPGs shall:
(1) hold at least one public meeting at a central location
readily accessible to the public within the regional water planning
area to gather suggestions and recommendations from the public as
to issues that should be addressed or provisions that should be included
in the next regional or state water plan and to discuss the region's
process for conducting interregional coordination;
(2) prepare a scope of work that includes a detailed
description of tasks to be performed, identifies responsible parties
for task execution, a task schedule, task and expense budgets, and
describes interim products, draft reports, and final reports for the
planning process;
(3) approve any amendments to the scope of work only
in an open meeting of the RWPG where notice of the proposed action
was provided in accordance with §357.21 of this title; and
(4) designate a Political Subdivision as a representative
of the RWPG eligible to apply for financial assistance for scope of
work and RWP development pursuant to Chapter 355, Subchapter C of
this title (relating to Regional Water Planning Grants).
(b) In accordance with the requirements of §357.21(g)(2)
of this title, an RWPG shall hold a public meeting to determine the
process for identifying potentially feasible WMSs; the process shall
be documented and shall include input received at the public meeting;
after reviewing the potentially feasible strategies using the documented
process, then the RWPG shall list all possible WMSs that are potentially
feasible for meeting a Water Need in the region. The public meeting
shall also include a presentation of the results of the analysis of
infeasible WMSs or WMSPs, as defined by Texas Water Code §16.053(h)(10),
included in the most recently adopted RWP. Infeasible WMSs or WMSPs
shall be identified based on project sponsor provided information
or local knowledge, as acquired through plan development activities
such as surveys, and as determined based on implementation schedules
consistent with implementation by the project sponsors. The group
shall provide notice to all associated project sponsors and amend
its adopted RWP as appropriate based upon the analysis.
(c) The RWPGs shall approve and submit a Technical
Memorandum to the EA after notice pursuant to §357.21(g)(2) of
this title. The Technical Memorandum shall include:
(1) The most recent population and Water Demand projections
adopted by the Board;
(2) Updated source water Availability utilized in the
RWPA, as entered into the State Water Planning Database;
(3) Updated Existing Water Supplies, as entered into
the State Water Planning Database;
(4) Identified Water Needs and surpluses;
(5) The documented process used by the RWPG to identify
potentially feasible WMSs;
(6) The potentially feasible WMSs identified as of
the date of submittal of the Technical Memorandum to the EA, if any;
(7) A listing of the infeasible WMSs and WMSPs, as
determined by the RWPG pursuant to TWC §16.053(h)(10) and subsection
(b) of this section, or a statement that no infeasible WMSs or WMSPs
were identified by the RWPG;
(8) A summary of the RWPG's interregional coordination
efforts to date; and
(9) During each off-census RWP development, the RWPG's
declaration of intent to pursue simplified planning for that planning
cycle. If the RWPG intends to pursue simplified planning, the RWPG
shall document the process to authorize and initiate subsection (g)
of this section.
(d) The EA shall evaluate the Technical Memorandum
and any declaration of intent to pursue simplified planning, if applicable,
and issue written approval prior to implementation of simplified planning
by the RWPG. If an RWPG has not declared to pursue simplified planning
in their Technical Memorandum, they may proceed without any additional
approvals to develop their IPP. If the RWPG chooses to rescind their
decision to pursue simplified planning, they must do so prior to executing
a contract scope of work and budget amendment with the TWDB. The RWPG
must discuss and act on the decision at a public meeting posted under
notice requirements of §357.21(g)(1) of this title.
(e) If applicable, and approved by the EA, an RWPG
may implement simplified planning in off-census planning cycles in
accordance with guidance to be provided by the EA. An RWPG may only
pursue simplified planning if:
(1) the RWPG determines in its analysis of Water Needs
that it has sufficient Existing Water Supplies in the RWPA to meet
all Water Needs for the 50-year planning period while identifying
Existing Water Supplies that are available for voluntary redistribution
in the RWPA or to other RWPAs; or
(2) an RWPG determines, including based on its analysis
of source water Availability, that there are no significant changes,
as determined by the RWPG, to water Availability, Existing Water Supplies,
or Water Demands in the RWPA. A determination that there have been
no significant changes may not be based solely on an aggregated, region-wide
basis without consideration of sub-regional changes.
(f) If an RWPG elects to pursue simplified planning,
it must:
(1) Complete the Technical Memorandum in subsection
(c) of this section and, based upon the analysis, determine and document
whether significant changes have resulted from the most recently adopted
RWP;
(2) Meet new statutory or other planning requirements
that come into effect during the most recent planning cycle;
(3) where appropriate, adopt previous RWP or State
Water Plan information, updated as necessary, as the IPP and RWP,
in accordance with guidance to be provided by the EA; and
(4) conduct other activities upon approval of the EA
necessary to complete an RWP that meets rule and statute requirements,
including that no water supply sources to the RWPA be over-allocated.
(g) If an RWPG declares intention to pursue simplified
planning with the submittal of its Technical Memorandum, in accordance
with subsection (c) of this section, the RWPG shall hold a public
hearing on the intent to pursue simplified planning for the RWPA,
to be held after submitting the Technical Memorandum and in accordance
with §357.21(g)(3) of this title. This public hearing is not
required for RWPGs that state they will not pursue simplified planning
in their Technical Memorandum.
(h) Following receipt of public comments, the RWPG
shall hold a meeting in accordance with the requirements of §357.21(g)(1)
of this title to consider comments received and declare implementation
of simplified planning.
(i) Each RWPG and any committee or subcommittee of
an RWPG are subject to Chapters 551 (relating to Open Meetings) and
552 (relating to Public Information), Government Code.
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| Source Note: The provisions of this §357.12 adopted to be effective August 12, 2012, 37 TexReg 5797; 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 |
