1. (a) Reviewability. The agency will review a petition when:

   1. (1) the petition conforms to the requirements of this subchapter;
   2. (2) the issues raised in the petition have not previously been considered by the board for the particular desired future condition in a petition under Texas Water Code §36.1083; and
   3. (3) the petition is submitted to the executive administrator within 120 days following the date the districts in the groundwater management area collectively adopt the desired future condition(s).

2. (b) Form and Contents of Petition. A petition shall be addressed to the executive administrator, signed by the petitioner, and contain the following information:

   1. (1) the petitioner's name and contact information, including mailing address, e-mail address, telephone number, and fax number and, if applicable, the same information for any person or entity designated as a representative of the petitioner;
   2. (2) documentation that clearly identifies the nature of the petitioner's legally defined interest in groundwater in the area unless the petitioner is a district in or adjacent to the groundwater management area or a regional water planning group for a region in the area;
   3. (3) a summary of the evidence upon which the petitioner will rely at the hearing for the contention that the adopted desired future condition is not reasonable; and
   4. (4) evidence that the petitioner has provided a copy of the petition to each of the districts in the groundwater management area.
3. (c) Receipt of Petition and Acknowledgment. The executive administrator shall notify the petitioner and the districts within the groundwater management area within 15 days of receipt of a petition and advise whether the petition has been accepted as reviewable or has not been accepted as reviewable and the reasons for not accepting the petition.
4. (d) If the petition is not accepted, the petitioner will be allowed an additional 15 days to remedy the failure.

5. (e) Requests for Postponement.

   1. (1) A district in the groundwater management area may, within 10 business days of its receipt of the executive administrator's acknowledgment of a reviewable petition, request that the executive administrator postpone review of the petition for 60 days to encourage consultation and resolution of the issues raised in the petition.
   2. (2) Further extensions may be granted upon the request of a petitioner or a district upon a showing that the parties are in negotiations toward a resolution of the issues raised in the petition.
6. (f) Districts' Response to Petition. If the districts choose to respond, they shall have 90 days in which to present a written response to agency and the petitioner.
7. (g) Joinder of Petitions. The executive administrator may join multiple petitions concerning the same aquifers or issues within a groundwater management area if such joinder is beneficial to the agency, the petitioners, and the respondents.

Source Note:The provisions of this §356.41 adopted to be effective December 31, 2012, 37 TexReg 10238.