31 Tex. Admin. Code § 357.12
Notice and Public Participation
Effective Apr 11, 200631 TexReg 3058Source Note: The provisions of this §357.12 adopted to be effective March 11, 1998, 23 TexReg 2338; amended to be effective July 8, 1998, 23 TexReg 7028; amended to be effective July 11, 2000, 25 TexReg 6556; amended to be effective July 11, 2001, 26 TexReg 5040; amended to be effective April 11, 2006, 31 TexReg 3058.Texas Secretary of State
(a) Regional water planning groups and any subregional water planning groups shall provide for public participation which shall include the following:
- (1) at least one public meeting prior to the preparation of the regional water plan pursuant to §357.6(a)(1) of this title (relating to Preplanning) held in some central location within the regional water planning area;
- (2) ongoing opportunities for public input during preparation of the regional water plan;
- (3) a public hearing following adoption of an initially prepared regional water plan, to be held in a central location within the regional water planning area;
- (4) a public hearing before adoption of an amendment to an adopted regional water plan, including amendments required by the board's resolution of interregional conflicts, to be held in a central location;
(5) notice of the public meetings and public hearings required by paragraphs (1), (3), and (4) of this subsection shall be published in a newspaper of general circulation in each county located in whole or in part in the regional water planning area before the 30th day preceding the date of the public meeting or hearing and mailed to, at a minimum, the following:
- (A) each mayor of a municipality with a population of 1,000 or more or which is a county seat that is located in whole or in part in the regional water planning area;
- (B) each county judge of a county located in whole or in part in the regional water planning area;
- (C) each special or general law district or river authority with responsibility to manage or supply water in the regional water planning area based upon lists of such water districts and river authorities obtained from Texas Commission on Environmental Quality;
- (D) each retail public utility, defined as a community water system, that serves any part of the regional water planning area or receives water from the regional water planning area based upon lists of such entities obtained from Texas Commission on Environmental Quality; and
- (E) each holder of record of a water right for the use of surface water the diversion of which occurs in the regional water planning area based upon lists of such water rights holders obtained from Texas Commission on Environmental Quality; and
(6) notice of the public meetings and public hearings shall include:
- (A) a date, time, and location of the public meeting or hearing;
- (B) a summary of the proposed action to be taken;
- (C) the name, telephone number, and address of the person to whom questions or requests for additional information may be submitted; and
- (D) information that the regional water planning group will accept written and oral comments at the hearings required by paragraphs (3) and (4) of this subsection, and information on how the public may submit written comments separate from such hearings. The regional water planning group shall specify a deadline for submission of public written comments of not earlier than 60 days after the hearings required by paragraphs (3) and (4) of this subsection.
- (b) Regional water planning groups shall make copies of the regional water plan available for public inspection at least one month before a public hearing required or held in accordance with subsection (a)(3) and (4) of this section by providing a copy of the regional water plan in at least one public library in each county and either the county courthouse's law library, the county clerk's office, or some other accessible place within the county courthouse of each county having land in the regional water planning area and include locations of such copies in the notice for public hearing.
(c) Regional water planning groups and regional water planning subgroups shall:
- (1) conduct all business in a meeting posted and held in accordance with the Texas Open Meetings Act with a copy of all materials presented or discussed available for public inspection prior to and following the meeting; and
- (2) provide notice of regional water planning group and subregional water planning meetings to persons who requested in writing receipt of such notice.
- (d) Regional water planning groups shall publish agendas, meeting notices, and current adopted initially prepared plans and adopted final regional water plans on the Internet. This requirement can be met by submitting the information, in the format specified by the executive administrator, to the board to be posted on the board's web site.
- (e) On request of the Texas Water Advisory Council, a regional water planning group shall provide the council with a copy of that group's regional water plan.
Source Note:The provisions of this §357.12 adopted to be effective March 11, 1998, 23 TexReg 2338; amended to be effective July 8, 1998, 23 TexReg 7028; amended to be effective July 11, 2000, 25 TexReg 6556; amended to be effective July 11, 2001, 26 TexReg 5040; amended to be effective April 11, 2006, 31 TexReg 3058.