| (a) RWPGs shall submit to the development Board an
RWP that is consistent with the guidance principles and guidelines
outlined in §357.20 of this title (relating to Guidance Principles
for State and Regional Water Planning). Information provided shall
be based on data provided or approved by the Board in a format consistent
with the guidelines of Subchapters C and D of this chapter and guidance
by the EA.
(b) For the purposes of the Texas Water Code §16.053(j)
(relating to Board Financial Assistance) projects proposed to the
Board for funding shall be considered to meet any need identified
in an approved RWP in a manner consistent with the RWP if the project:
(1) Is an enhancement of an Existing Water Supply or
water source identified in the analysis developed under §357.32
of this title (relating to Water Supply Analysis) as meeting a demand,
even though the project is not specifically recommended in the RWP;
(2) Involves a minor modification to an existing surface
water right that is not in conflict with the RWP; or
(3) Is meeting a need in a manner consistent with the
plan developed under Subchapters C and D of this chapter.
(4) For the purposes of the Texas Water Code §16.053(j),
projects proposed to the Board for funding to meet any need identified
in an approved RWP for which there is not a recommended WMS in such
plan shall be considered by the Board not to be consistent with the
approved RWP.
(5) For the purposes of the Texas Water Code §16.053(k)
(relating to Board Waivers), the Board may consider, among other factors,
changed conditions if a Political Subdivision requests a waiver of
the Texas Water Code §16.053(j) for a project proposed to the
Board for funding to meet a need in a manner that is not consistent
with the manner the need is addressed in an approved RWP. The Board
shall request the members of any affected RWPG to provide input on
the request for waiver of the Texas Water Code §16.053(j).
(c) Relation to state and local plans. RWPs shall be
consistent with Chapter 358 of this title (relating to State Water
Planning Guidelines) and this chapter. RWPGs shall consider and use
as a guide the State Water Plan and local water plans provided for
in the Texas Water Code §16.054 (relating to Local Water Planning).
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