1. (a) These sections only apply to the designation of groundwater management areas as authorized by Water Code, §35.004, but shall not apply to proceedings for the designation of groundwater management areas in progress on the effective date of these sections.
2. (b) Designation of a groundwater management area is a separate proceeding from that for creation of a groundwater conservation district.
3. (c) In accordance with Water Code, §35.004, on its own motion or on receiving a petition, the commission may initiate a rulemaking to designate a groundwater management area. Through the rulemaking process, the commission will determine the boundaries of such a management area with the objective of providing the most suitable area for the management of the groundwater resources of the part of the state where a groundwater conservation district is or may be located. To the extent feasible, the management area will coincide with the boundaries of a groundwater reservoir or a subdivision thereof. The commission may also consider other factors in determining the boundaries of the management area, such as the boundaries of other political subdivisions and the appropriateness of the size and configuration of the management area to a groundwater conservation district's performance of its duties under Water Code, §§36.101-36.121.
4. (d) Upon the request of the commission or any person interested in a petition to designate a groundwater management area, the executive director will prepare available evidence relating to the configuration of a groundwater management area. The evidence prepared by the executive director shall include information concerning the existence, configuration, and characteristics of a groundwater reservoir or subdivision thereof. The evidence prepared by the executive director shall be made part of the rulemaking record.
5. (e) The commission shall designate groundwater management areas using the procedures applicable to rulemaking under the Administrative Procedure Act (Subchapter B, Chapter 2001, Government Code) except where such procedures conflict with those set forth in the Texas Water Code, Chapter 35.
6. (f) A petition for designation of an underground water management area must be submitted to the executive director and be accompanied by a $100 application fee and petition recording fee of $1.00 per page.

Source Note:The provisions of this §293.21 adopted to be effective September 5, 1986, 11 TexReg 3734; amended to be effective October 22, 1996, 21 TexReg 9905.