1. (a) A person with a legally defined interest in groundwater in a district or the regional water planning group may file a written petition with the executive administrator stating that a conflict requiring resolution may exist between the district's approved groundwater management plan developed under Texas Water Code, §36.1071, and the state water plan developed under Texas Water Code, §16.051. A copy of the petition shall be provided to the district and to the chairperson of any involved regional water planning group. The petition must state:

   1. (1) the specific nature of the conflict;
   2. (2) the specific sections and provisions of the approved management plan and the state water plan that are in conflict; and
   3. (3) the proposed resolution to the conflict.

2. (b) The executive administrator shall determine if a conflict exists. If a conflict does exist, the executive administrator will provide technical assistance to and facilitate coordination between the affected parties. Coordination may include any of the following processes:

   1. (1) requiring the affected parties to respond to the petition in writing;
   2. (2) meeting with representatives from the affected parties to informally mediate the conflict; and/or
   3. (3) coordinating a formal mediation session between representatives of the affected parties.
3. (c) If the conflict has not been resolved within 45 days of the date the person or regional water planning group filed the petition with the executive administrator, the parties may request mediation. The parties may request the assistance of the Center for Public Policy Dispute Resolution at The University of Texas School of Law or an alternative dispute resolution system established under Chapter 152, Civil Practice and Remedies Code, to obtain a qualified, impartial third party to mediate the matter. The cost of the mediation services must be specified in the agreement between the parties and the mediation services provider. If the parties cannot resolve the conflict through mediation, the board shall resolve the conflict by the 60th day after the date mediation is completed. To resolve the conflict, the executive administrator will recommend a resolution to the conflict to the board. Before presenting the issue to the board, the executive administrator will provide the affected parties 15 days notice. The board shall adopt a resolution to the conflict at a public meeting. Resolution may include requiring a revision to the groundwater conservation district's approved management plan or consolidating the resolution with an action being taken by the board pursuant to §357.15 of this title (relating to Interaction with Groundwater Conservation District Management Plans).
4. (d) If the board requires a revision to the district's approved management plan, the board shall provide information to the district on the revisions that are required and why. The district shall prepare any revisions based on the information provided by the board and hold, after notice, at least one public hearing at a central location within the district. The district shall consider all public and board comments, prepare, revise, and adopt its plan, and submit the revised plan to the board for approval pursuant to this subchapter.
5. (e) At the request of either the district or the affected regional water planning group, the board shall include in the state water plan a discussion of the conflict and its resolution.
6. (f) If the district disagrees with the decision of the board, the district may appeal the decision to a district court in Travis County.

Source Note:The provisions of this §356.10 adopted to be effective January 2, 2002, 26 TexReg 11008; amended to be effective December 13, 2005, 30 TexReg 8293; amended to be effective January 23, 2008, 33 TexReg 577.