1. (a) Purpose and applicability. This section provides procedures for commission review of groundwater conservation district (GCD) petitions that request an inquiry related to joint groundwater management planning in a groundwater management area (GMA); commission appointment of the review panel; review panel actions; and executive director actions under Texas Water Code (TWC), §36.108 and §36.3011. Such petitions must be for good cause and filed following the procedures prescribed by this section.

2. (b) Petition requesting commission inquiry. A GCD with good cause may file a petition with the executive director to request a commission inquiry if the district adopts a resolution calling for joint planning in a GMA and the other district or districts refused to join in the planning process or the process failed to result in adequate planning.

   1. (1) The petition must include documentation that demonstrates that joint planning was requested in the GMA by district resolution. Documentation shall include:

      1. (A) a certified copy of the board resolution calling for joint planning;
      2. (B) evidence that the resolution was received by the other district or districts in the GMA such as a return receipt for certified mail service;
      3. (C) publishers' affidavits of notice if joint meetings were called; and
      4. (D) copies of joint planning meeting minutes certified by the districts that attended the meetings if such meetings were held.
   2. (2) The petition must include a certified statement from the petitioning district's board of directors that describes why the district believes that adequate planning was not achieved in the GMA.

   3. (3) The petition must provide evidence that:

      1. (A) another district in the management area has failed to adopt rules;
      2. (B) the groundwater in the management area is not adequately protected by the rules adopted by another district; or
      3. (C) the groundwater in the management area is not adequately protected due to the failure of another district to enforce substantial compliance with its rules.
   4. (4) The district has shown "good cause" if this subsection is satisfied.

3. (c) Commission review of petition. The commission shall review the petition not later than 90 days after the date the petition was filed. The commission may dismiss the petition if it finds that the evidence is not sufficient to show that the items contained in subsection (b)(1), (2), or (3) of this section exist. If the commission does not dismiss the petition, it shall appoint a review panel to prepare a written report.

   1. (1) The review panel shall consist of five members.

      1. (A) The commission shall appoint one of the members to serve as the chairman of the review panel. The chairman shall schedule and preside over the proceedings and meetings of the panel.
      2. (B) A director or general manager of a district located outside the management area that is the subject of the petition may be appointed to the review panel.
      3. (C) The commission may not appoint more than two members of the review panel from any one district.
   2. (2) The commission shall appoint a disinterested person to serve as a nonvoting recording secretary for the review panel. The recording secretary may be an employee of the commission. The recording secretary shall record and document the proceedings of the review panel.
   3. (3) The commission may direct the review panel to conduct public hearings at a location in the management area to take evidence on the petition.
   4. (4) According to TWC, §36.108, the review panel shall review the petition and any evidence relevant to the petition and consider and adopt a report to the commission.

4. (d) Review panel report. The review panel's report must be submitted to the executive director no later than 120 days after the review panel was appointed by the commission. The review panel's report shall include:

   1. (1) if a public hearing is conducted, a summary of evidence taken on the petition;
   2. (2) a list of findings and recommended actions appropriate for the commission to take under TWC, §36.303 and §293.22(e) of this title (relating to Noncompliance Review and Commission Action) and the reasons it finds those commission actions appropriate; and
   3. (3) any other information the panel considers appropriate for commission consideration.
5. (e) Commission action on review panel report. The executive director or the commission shall take action to implement any or all of the review panel's recommendations if the items contained in subsection (b)(1) - (4) of this section apply. The executive director shall, no later than 45 days after the date the review panel report was received, recommend to the commission or initiate any action considered necessary under TWC, §36.303 and §293.22(b) - (e) of this title.

Source Note:The provisions of this §293.23 adopted to be effective August 29, 2002, 27 TexReg 7942.