1. (a) The executive director shall give notice to the board of directors of the existing groundwater conservation district (GCD), if the commission issues an order under §294.42 of this title (relating to Commission Action Concerning PGMA Designation), or under §293.19 of this title (relating to Creation of a Groundwater Conservation District in a Priority Groundwater Management Area) recommending that a priority groundwater management area (PGMA) or a portion of a PGMA be added to an existing GCD. The executive director shall provide a copy of the order to the board of directors of the existing GCD to which the commission is recommending the PGMA be added and to any other existing GCDs adjacent to the PGMA.
2. (b) Within 180 days of the notice provided under subsection (a) of this section, the board of directors of the existing GCD shall advise the commission of the outcome of GCD actions or status of current GCD activities under Texas Water Code (TWC), §35.013.
3. (c) The costs of an election to add a PGMA to an existing GCD that is approved by the voters shall be paid by the existing GCD. The costs of an election to add a PGMA to an existing GCD at which the proposition fails shall be paid by the commission.

4. (d) If the board of directors of the GCD votes not to pursue addition of the PGMA as recommended by the commission or, if the proposition to add the PGMA to the GCD is defeated at the election, the commission shall either:

   1. (1) within one year create one or more GCDs according to TWC, §36.0151 and §293.19 of this title; or
   2. (2) recommend to the legislature under TWC, §35.018(c), in its biennial report, whether legislative action should be taken to address the need for groundwater management in the PGMA.

Source Note:The provisions of this §294.44 adopted to be effective February 21, 1999, 24 TexReg 965; amended to be effective August 29, 2002, 27 TexReg 7954.