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 board stating that a conflict requiring resolution may exist between the district's certified groundwater conservation district management plan developed under Texas Water Code, §36.1071, and the state water plan developed under Texas Water Code, §16.051. A person with a legally defined interest in groundwater in a district includes, but is not limited to, a person who owns land or groundwater rights in the district, has a legal interest in a well in the district, or has an authorization from or application pending with the district to produce groundwater. 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 certified management plan and the state water plan that are in conflict, and
   3. (3) the proposed resolution to the conflict.

2. (b) Within 30 days of receiving the petition, if the executive administrator determines that a conflict does exist, the executive administrator will 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) The executive administrator will inform the parties how long they have to attempt to resolve the conflict. If the parties do not reach resolution in that time period, 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 30 days notice. The board shall adopt a resolution to the conflict at a public meeting. If the board finds that a conflict exists, 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 certified 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 groundwater conservation district's certified management plan, the board shall suspend the certification of the plan and provide information to the groundwater conservation district on what revisions are required and why. The groundwater conservation district shall prepare any revisions to its plan required by the board and hold, after notice, at least one public hearing at a central location within the district. The groundwater conservation district shall consider all public and board comments, prepare, revise, and adopt its plan, and submit the revised plan to the board for certification pursuant to this subchapter.
5. (e) At the request of either the groundwater conservation 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.

Source Note:The provisions of this §356.10 adopted to be effective January 2, 2002, 26 TexReg 11008.