| (a) The RWPGs shall submit their adopted RWPs to the
Board every five years on a date to be disseminated by the EA, as
modified by subsection (g)(2) of this section, for approval and inclusion
in the State Water Plan.
(b) Prior to the adoption of the RWP, the RWPGs shall
submit concurrently to the EA and the public an IPP. The IPP submitted
to the EA must be in the electronic and paper format specified by
the EA. Each RWPG must certify that the IPP is complete and adopted
by the RWPG. In the instance of a recommended WMS proposed to be supplied
from a different RWPA, the RWPG recommending such strategy shall submit,
concurrently with the submission of the IPP to the EA, a copy of the
IPP, or a letter identifying the WMS in the other region along with
an internet link to the IPP, to the RWPG associated with the location
of such strategy.
(c) The RWPGs shall distribute the IPP in accordance
with §357.21(h)(7) of this title (relating to Notice and Public
Participation).
(d) Within 60 days of the submission of IPPs to the
EA, the RWPGs shall submit to the EA, and the other affected RWPG,
in writing, the identification of potential Interregional Conflicts
by:
(1) identifying the specific recommended WMS from another
RWPG's IPP;
(2) providing a statement of why the RWPG considers
there to be an Interregional Conflict; and
(3) providing any other information available to the
RWPG that is relevant to the Board's decision.
(e) The RWPGs shall seek to resolve conflicts with
other RWPGs and shall promptly and actively participate in any Board
sponsored efforts to resolve Interregional Conflicts.
(f) The RWPGs shall solicit, and consider the following
comments when adopting an RWP:
(1) the EA's written comments, which shall be provided
to the RWPG within 120 days of receipt of the IPP; and
(2) any written or oral comments received from any
federal agency, Texas state agency, or the public after the first
public hearing notice is published until at least 60 days after the
public hearing is held pursuant to §357.21(h) of this title.
(3) The RWPGs shall revise their IPPs to incorporate
negotiated resolutions or Board resolutions of any Interregional Conflicts
into their final adopted RWPs.
(4) In the event that the Board has not resolved an
Interregional Conflict sufficiently early to allow an involved RWPG
to modify and adopt its final RWP by the statutory deadline, all RWPGs
involved in the conflict shall proceed with adoption of their RWP
by excluding the relevant recommended WMS and all language relevant
to the conflict and include language in the RWP explaining the unresolved
Interregional Conflict and acknowledging that the RWPG may be required
to revise or amend its RWP in accordance with a negotiated or Board
resolution of an Interregional Conflict.
(g) Submittal of RWPs. RWPGs shall submit the IPP and
the adopted RWPs and amendments to approved RWPs to the EA in conformance
with this section.
(1) RWPs shall include:
(A) The technical report and data prepared in accordance
with this chapter and the EA's specifications;
(B) An executive summary that documents key RWP findings
and recommendations;
(C) Documentation of the RWPG's interregional coordination
efforts; and
(D) A copy of the EA's comments on the IPP and summaries
of all written and oral comments received pursuant to subsection (f)
of this section, with a response by the RWPG explaining how the plan
was revised or why changes were not warranted in response to written
comments received under subsection (f) of this section.
(2) RWPGs shall submit RWPs to the EA according to
the following schedule:
(A) IPPs are due every five years on a date disseminated
by the EA unless an extension is approved, in writing, by the EA.
(B) Prior to submission of the IPP, the RWPGs shall
upload all required data, metadata and all other relevant digital
information supporting the plan to the Board's State Water Planning
Database. All changes and corrections to this information must be
entered into the Board's State Water Planning Database prior to submittal
of a final adopted plan.
(C) The RWPG shall transfer copies of all data, models,
and reports generated by the planning process and used in developing
the RWP to the EA. To the maximum extent possible, data shall be transferred
in digital form according to specifications provided by the EA. One
copy of all reports prepared by the RWPG shall be provided in digital
format according to specifications provided by the EA. All digital
mapping shall use a geographic information system according to specifications
provided by the EA. The EA shall seek the input from the State Geographic
Information Officer regarding specifications mentioned in this section.
(D) Adopted RWPs are due to the EA every five years
on a date disseminated by the EA unless, at the discretion of the
EA, a time extension is granted consistent with the timelines in Texas
Water Code §16.053(i).
(E) Once approved by the Board, RWPs shall be made
available on the Board website.
(h) Upon receipt of an RWP adopted by the RWPG, the
Board shall consider approval of such plan based on the following
criteria:
(1) verified adoption of the RWP by the RWPG; and
(2) verified incorporation of any negotiated resolution
or Board resolution of any Interregional Conflicts, or in the event
that an Interregional Conflict is not yet resolved, verified exclusion
of the relevant recommended WMS and all language relevant to the conflict.
(i) Approval of RWPs by the Board. The Board may approve
an RWP only after it has determined that the RWP complies with statute
and rules.
(j) The Board shall consider approval of an RWP that
includes unmet municipal Water Needs provided that the RWPG includes
adequate justification, including that the RWP:
(1) documents that the RWPG considered all potentially
feasible WMSs, including Drought Management WMSs and contains an explanation
why additional conservation and/or Drought Management WMSs were not
recommended to address the need;
(2) describes how, in the event of a repeat of the
Drought of Record, the municipal WUGs associated with the unmet need
shall ensure the public health, safety, and welfare in each Planning
Decade that has an unmet need; and
(3) explains whether there may be occasion, prior to
development of the next IPP, to amend the RWP to address all or a
portion of the unmet need.
(k) Board Adoption of State Water Plan. RWPs approved
by the Board pursuant to this chapter shall be incorporated into the
State Water Plan as outlined in §358.4 of this title (relating
to Guidelines).
|
| Source Note: The provisions of this §357.50 adopted to be effective August 12, 2012, 37 TexReg 5797; amended to be effective November 30, 2015, 40 TexReg 8648; amended to be effective December 8, 2016, 41 TexReg 9589; amended to be effective May 1, 2022, 47 TexReg 2527 |
