| (a) A groundwater conservation district may file a
written petition with the EA stating that a potential conflict exists
between the district's approved management plan developed under Texas
Water Code §36.1071 (relating to Management Plans) and the approved
State Water Plan. A copy of the petition shall be provided to the
affected RWPG. The petition must state:
(1) the specific nature of the conflict;
(2) the specific sections and provisions of the approved
management plan and approved State Water Plan that are in conflict;
and
(3) the proposed resolution to the conflict.
(b) If the EA determines a conflict exists, the EA
will provide technical assistance to and coordinate with the groundwater
conservation district and the affected RWPG to resolve the conflict.
Coordination may include any of the following processes:
(1) requiring the RWPG to respond to the petition in
writing;
(2) meeting with representatives from the groundwater
conservation district and the RWPG to informally mediate the conflict;
and/or
(3) coordinating a formal mediation session between
representatives of the groundwater conservation district and the RWPG.
(c) If the parties do not reach resolution, the EA
will recommend a resolution to the conflict to the Board within 60
days of the date the mediation is completed. Notice shall be provided
at least 15 days prior to the date of the Board meeting to discuss
the proposed resolution. The Board may:
(1) revise an approved RWP; and
(2) revise a district's approved management plan.
(d) If the Board requires a revision to the groundwater
conservation district's approved management plan, the Board shall
provide information to the groundwater conservation district on what
revisions are required and why. The groundwater conservation district
shall prepare any revisions to its plan based on the information provided
by the Board and hold, after notice, at least one public hearing at
a central location readily accessible to the public within the district.
The groundwater conservation district shall consider all public and
Board comments, prepare, revise, and adopt its plan, and submit the
revised plan to the Board pursuant to Chapter 356 of this title (relating
to Groundwater Management). If the groundwater conservation district
disagrees with the decision of the Board, the district may appeal
the decision to a district court in Travis County, Texas.
(e) If the Board requires a revision to the approved
RWP, the Board shall provide information to the RWPG on what revisions
are required and why. The RWPG shall prepare the revisions as a major
amendment to their approved RWP pursuant to §357.51(b) of this
title. The RWPG shall hold, after notice, at least one public hearing
at some central location readily accessible to the public within the
regional water planning area.
(f) At the Board's discretion, the Board shall include
in the State Water Plan a discussion of the conflict and its resolution.
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| Source Note: The provisions of this §357.64 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 |
