31 Tex. Admin. Code § 357.11
Adoption of Regional Water Plans by Regional Water Planning Groups
Effective Jan 2, 200226 TexReg 11012Source Note: The provisions of this §357.11 adopted to be effective March 11, 1998, 23 TexReg 2338; amended to be effective July 11, 2001, 26 TexReg 5040; amended to be effective January 2, 2002, 26 TexReg 11012.Texas Secretary of State
- (a) Regional water planning groups shall concurrently submit to the executive administrator and release to the public an initially prepared regional water plan prior to adoption of the regional water plan. The initially prepared plan submitted to the executive administrator must be in the electronic and paper format specified by the executive administrator. The regional water planning groups must certify that the initially prepared regional water plan is complete and adopted by the regional water planning group.
(b) The regional water planning groups shall receive and consider the following comments when adopting a regional water plan:
- (1) the executive administrator's written comments, which shall be provided to the regional water planning group within 120 days of receipt of the initially prepared plan;
- (2) written comments received from any federal agency or Texas state agency, which the regional water planning groups shall accept for at least 120 days after the first public hearing notice is published pursuant to §357.12(a)(3) and (5) of this title (relating to Notice and Public Participation); and
- (3) any written or oral comments received from the public after the first public hearing notice is published pursuant to §357.12(a)(3) and (5) of this title until at least 60 days after the public hearing is held pursuant to §357.12(a)(3) and (4) of this title.
- (c) The regional water planning group shall submit in a timely manner to the executive administrator information on any known interregional conflict between regional water plans.
- (d) The regional water planning group shall modify the regional water plan to incorporate board resolutions of interregional conflicts.
- (e) The regional water planning group shall seek to resolve conflicts with other regional water planning groups and shall participate in any board sponsored efforts to resolve interregional conflicts.
- (f) A regional water planning group may amend an adopted regional water plan at any meeting, after giving notice according to §357.12 of this title and providing the public, the board, and other governmental entities 30 days to submit written or oral comments on the proposed amendment. A regional water planning group may propose amendments to an approved regional water plan by submitting proposed amendments to the board for its consideration and possible approval under the standards and procedures of this chapter.
(g) A political subdivision in the regional water planning area may request a regional water planning group to consider specific changes to an adopted regional water plan based on changed conditions or new information. A regional water planning group must formally consider such request within 180 days after its submittal and shall amend its adopted regional water plan if it determines an amendment is warranted. If the political subdivision is not satisfied with the regional water planning group's decision on the issue, it may file a petition with the executive administrator to request board review the decision and consider changing the approved regional water plan. The political subdivision shall send a copy of the petition to the chair of the affected regional water planning group.
(1) The petition must state:
- (A) the changed condition or new information that affects the approved regional water plan;
- (B) the specific sections and provisions of the approved regional water plan that are affected by the changed condition or new information;
- (C) the efforts made by the political subdivision to work with the regional water planning group to obtain an amendment; and
- (D) the proposed amendment to the approved regional water plan.
- (2) If the executive administrator determines that the changed condition or new information warrants a change in the approved regional water plan, the executive administrator shall request the regional water planning group to consider making the appropriate change and provide the reason in writing. The political subdivision that submitted the petition will receive notice of any action requested of the regional water planning group by the executive administrator. If the regional water planning group does not amend its plan consistent with the request within 90 days, the executive administrator will present the issue to the board for consideration at a public meeting. Before presenting the issue to the board, the executive administrator will provide the regional water planning group, the political subdivision submitting the petition, and any political subdivision determined by the executive administrator to be affected by the issue 30 days notice.
- (3) If the board determines that a change to the approved regional water plan is appropriate based on the changed condition or new information, it may direct the executive administrator to make the change. The executive administrator will make the required change to the approved regional water plan and any necessary changes to the state water plan as directed by the board.
Source Note:The provisions of this §357.11 adopted to be effective March 11, 1998, 23 TexReg 2338; amended to be effective July 11, 2001, 26 TexReg 5040; amended to be effective January 2, 2002, 26 TexReg 11012.