| (a) In the event an RFPG has asserted or the Board
finds that there is an element of a draft RFP that will negatively
affect a neighboring area in a different FPR, the involved regions
shall make a good faith effort to voluntarily work together to resolve
the issue.
(b) The EA may use the following process to address
the issue:
(1) notify the affected RFPGs of the nature of the
potential negative effect;
(2) request affected RFPGs appoint a representative
or representatives authorized to negotiate on behalf of the RFPG and
notify the EA in writing of the appointment; and
(3) assist in negotiating resolutions of the issue
with RFPGs.
(c) In the event the negotiations are unsuccessful,
the EA may:
(1) propose a recommendation for resolution of the
issue to the Board; or
(2) hold a public meeting on the proposed recommendation
for resolution of the issue at a time and place determined by the
EA. At the meeting, the EA may take comments from the RFPGs, Political
Subdivisions, and members of the public on the issues identified by
the Board as unresolved issues; and
(3) after the public meeting, the EA may make a recommendation
to the Board for resolution of the issue.
(d) The Board shall consider the EA's recommendation
and any written statements by a representative for each affected RFPG
and determine the resolution of the issue.
(e) The EA shall notify affected RFPGs of Board's decision
and shall direct changes to the affected RFPs, to be incorporated
in accordance with Texas Water Code §16.062(i).
(f) The Board may also, at its discretion, consider
approving a regional flood plan with the exception of the specific
element that will negatively affect a neighboring area.
|
