Part 1.
GENERAL LAND OFFICE
Chapter 15.
COASTAL AREA PLANNING
Subchapter A. MANAGEMENT OF THE BEACH/DUNE SYSTEM
31 TAC §15.11
The General Land Office (Land Office) adopts the amendment
to §15.11(a)(12), relating to Certification of Local Government Dune
Protection and Beach Access Plans (plans) without changes to the text as published
in the June 16, 2000, issue of the
Texas Register
(25 TexReg 5849). The adopted amendment was required to certify the
Nueces County Mustang Island Episcopal Conference Center master plan.
On January 31, 2000, the Nueces County Commissioners Court adopted by order
the Mustang Island Episcopal Conference Center master plan, which is an amendment
to the county's dune protection plan. In the amendment to §15.11(a)(12),
the Land Office certifies that the dune protection section of the Mustang
Island Episcopal Conference Center master plan is consistent with state law.
The Land Office prepared a takings impact assessment for the adopted rule
and has determined that the rule will not result in a taking of private real
property. To receive a copy of the takings impact assessment, please send
a written request to Ms. Melinda Tracy, Texas Register Liaison, P.O. Box 12873,
Austin, Texas, 78711-2873, melinda.tracy@glo.state.tx.us, facsimile (512)
463-6311.
The adopted amendment to certify the Mustang Island Episcopal Conference
Center master plan is subject to the Texas Coastal Management Program (CMP), §505.11(a)(1)(J),
(relating to Actions and Rules Subject to the Coastal Management Program),
and must be consistent with the applicable CMP goals and policies on §501.14(k),
(relating to Construction in the Beach/Dune System). The General Land Office
has reviewed this action for consistency with the Texas Coastal Management
Program (CMP) goals and policies in accordance with the regulations of the
Coastal Coordination Council (Council). The action is consistent with the
General Land Office's beach/dune regulations which the Council determined
to be consistent with the CMP. Consequently, the General Land Office has determined
that the action is consistent with the applicable CMP goals and policies.
No comments were received regarding this proposed amendment.
The amendment is adopted under Texas Natural Resources Code §63.121, §61.011,
and § 61.015(b), which provide the Land Office with the authority to
identify and protect critical dune areas; preserve and enhance the public's
right to use and have access to and from Texas' public beaches; protect the
public easement from erosion and reduction caused by development or other
activities on adjacent land; and other minimum measures needed to mitigate
for any adverse effects on public access and dune areas.
The amendment is also adopted pursuant to Texas Natural Resources Code, §33.602,
which provides the Land Office with the authority to adopt rules on erosion,
and Texas Water Code, §16.321, which provides the Land Office with authority
to adopt rules relating to coastal flood protection.
Texas Natural Resources Code, Chapter 61, Subchapter B, §61.011, and §61.015(b),
and Texas Natural Resources Code, Chapter 63, Subchapter E, §63.121,
are affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 17, 2000.
TRD-200004910
Larry Soward
Chief Clerk
General Land Office
Effective date: August 6, 2000
Proposal publication date: June 16, 2000
For further information, please call: (512) 305-9129
Chapter 701.
PURPOSE OF RULES; GENERAL PROVISIONS
31 TAC §§701.1, 701.3, 701.5
The Edwards Aquifer Authority ("Authority") adopts the repeal
of 31 TAC Chapter 701 in its entirety, §§701.1, 701.3 and 701.5,
concerning Purpose of Rules; General Provisions, without changes to the proposed
text as published in the April 28, 2000, issue of the
Texas Register
(25 TexReg 3703).
The Authority repeals these rules to implement the action of the district
court in
Living Waters Artesian Springs, Ltd. v.
Edwards Aquifer Authority,
Cause Number 98-02644 in the 353rd Judicial
District, Travis County, Texas, which invalidated 31 Texas Administrative
Code Chapter 701 on December 17, 1998.
Section 2001.0225 of the Texas Government Code requires an agency to perform,
under certain circumstances, a regulatory analysis of "major environmental
rules." The Authority has determined that the repeal of these rules does not
constitute a "major environmental rule" as that term is defined by §2001.0225(g)(3)
of the Texas Government Code. The basis for this determination is that in
repealing the rules, there is no specific intent to "protect the environment"
or "reduce risks to human health from environmental exposure." The specific
intent of the repeal is to implement a pre-existing judicial decision invalidating
the chapter in order to remove administrative confusion because the chapter
is still codified in the Texas Administrative Code, and to free up the chapter
numbering for future rulemaking. Accordingly, the Authority finds that the
repeal of the rules does not constitute a "major environmental rule" and that,
therefore, no further analysis is required by §2001.0225 of the Texas
Government Code.
Chapter 2007 of the Texas Government Code, also known as the "Texas Private
Real Property Rights Preservation Act," requires governmental entities, under
certain circumstances, to prepare a takings impact assessment ("TIA") in connection
with certain covered categories of proposed governmental actions. Based on
the following reasons, the Authority has determined that it need not prepare
a TIA in connection with the repeal of these rules. First, the Authority has
made a "categorical determination" that the repeal of rules which have already
been rendered invalid by a court order is not an action which can affect private
real property. Second, the Authority has determined that repealing the Chapter
701 rules imposes no burden upon private real property. As such, they have
no direct affect on private real property and may not result in a taking.
Accordingly, a TIA need not be prepared in connection with the repealing of
these rules.
No public hearings were held on the repeal of these rules, nor were any
requests for public hearings submitted to the Authority. In addition, no comments
on the repeal of these rules were received by the Authority.
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provisions as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of a comprehensive water management plan, and the enforcement
of the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004843
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §703.1
The Edwards Aquifer Authority ("Authority") adopts the repeal
of 31 TAC Chapter 703 in its entirety, §703.1, concerning Definitions,
without changes to the proposed text as published in the April 28, 2000, issue
of the
Texas Register
(25 TexReg 3704).
The Authority repeals this rule to implement the action of the district
court in
Living Waters Artesian Springs, Ltd. v.
Edwards Aquifer Authority,
Cause Number 98-02644 in the 353rd Judicial
District, Travis County, Texas, which invalidated 31 Texas Administrative
Code Chapter 703 on December 17, 1998.
Section 2001.0225 of the Texas Government Code requires an agency to perform,
under certain circumstances, a regulatory analysis of "major environmental
rules." The Authority has determined that the repeal of this rule does not
constitute a "major environmental rule" as that term is defined by §2001.0225(g)(3)
of the Texas Government Code. The basis for this determination is that in
repealing the rules, there is no specific intent to "protect the environment"
or "reduce risks to human health from environmental exposure." The specific
intent of the repeal is to implement a pre-existing judicial decision invalidating
the chapter in order to remove administrative confusion because the chapter
is still codified in the Texas Administrative Code, and to free up the chapter
numbering for future rulemaking. Accordingly, the Authority finds that the
repeal of the rules does not constitute a "major environmental rule" and that,
therefore, no further analysis is required by §2001.0225 of the Texas
Government Code.
Chapter 2007 of the Texas Government Code, also known as the "Texas Private
Real Property Rights Preservation Act," requires governmental entities, under
certain circumstances, to prepare a takings impact assessment ("TIA") in connection
with certain covered categories of proposed governmental actions. Based on
the following reasons, the Authority has determined that it need not prepare
a TIA in connection with the repeal of this rule. First, the Authority has
made a "categorical determination" that the repeal of the rule which has already
been rendered invalid by a court order is not an action which can affect private
real property. Second, the Authority has determined that repealing the Chapter
703 rules imposes no burden upon private real property. As such, they have
no direct affect on private real property and may not result in a taking.
Accordingly, a TIA need not be prepared in connection with the repealing of
this rule.
No public hearings were held on the repeal of this rule, nor were any requests
for public hearings submitted to the Authority. In addition, no comments on
the repeal of this rule were received by the Authority.
The repeal is adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provisions as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of a comprehensive water management plan, and the enforcement
of the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004844
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§703.1, 703.3, 703.5, 703.7, 703.9, 703.11, 703.13, 703.15, 703.17
The Edwards Aquifer Authority ("Authority") adopts the new
31 TAC, Chapter 703, §§703.1, 703.3, 703.5, 703.7, 703.9, 703.11,
703.13, 703.15, and 703.17, relating to the procedures to be employed by the
Authority in its rulemaking proceedings. Section 703.9 is adopted with changes
to the proposed text as published in the April 28, 2000, issue of the
Section 2001.0225 of the Texas Government Code requires an agency to perform,
under certain circumstances, a regulatory analysis of "major environmental
rules." The Authority has determined that none of the rules are "major environmental
rules" as that term is defined by §2001.0225(g)(3) of the Texas Government
Code. The basis for this determination is that the rules do not have the specific
intent to "protect the environment" or "reduce risks to human health from
environmental exposure." The rules establish procedures to be followed when
the Authority engages in rulemaking. The specific intent of the rules is to
implement the state law mandates of §1.11(a) of the Act and §2001.004(1)
of the APA by providing for due process for the public, and open and effective
public participation in the Authority's rulemaking process. Accordingly, the
Authority finds that none of the rules are "major environmental rules" and
that, therefore, no further analysis is required by §2001.0225 of the
Texas Government Code.
Chapter 2007 of the Texas Government Code, also known as the "Texas Private
Real Property Rights Preservation Act," requires governmental entities, under
certain circumstances, to prepare a takings impact assessment ("TIA") in connection
with certain covered categories of proposed governmental actions. Based on
the following reasons, the Authority has determined that it need not prepare
a TIA in connection with the adoption of these rules. First, the Authority
has made a "categorical determination" that rules of practice and procedure
do not affect private real property. These rules merely establish and describe
the procedures to be followed by the Authority when it engages in rulemaking.
The rules themselves impose no burden upon private real property. As such,
they have no direct affect on private real property and may not result in
a taking. Second, the Authority's action in adopting these rules is an action
that is reasonably taken to fulfill an obligation mandated by state law and
is thus excluded from the Texas Private Real Property Rights Preservation
Act under § 2007.003(b)(4) of the Texas Government Code. See Act §1.11(a)
and (h); and Texas Government Code Annotated, §§2001.004(1), 2001.021(b),
2001.026, 2001.029, and 2001.031. It was held, in
Edwards Aquifer Authority v. Bragg,
___ S.W.2d. ___, Number 04-99-00059-CV,
2000 WL 35582 (Tex. App. San Antonio 2000, no history), that the Edwards Aquifer
Act expressly mandates the adoption of substantive and procedural rules and
that such actions are therefore excepted from the Texas Private Real Property
Rights Preservation Act. The holding of in that case controls here. Third,
it is the position of the Authority that all valid actions of the Authority
are excluded from the Texas Private Real Property Rights Preservation Act
under §2007.003(b)(11)(C) of the Texas Government Code as actions of
a political subdivision taken under its statutory authority to prevent waste
or protect the rights of owners of interest in groundwater. Accordingly, a
TIA need not be prepared in connection with the adoption of these rules.
No public hearings were held on these rules, nor were any requests for
public hearings submitted to the Authority.
One set of comments on the proposed rules was received from San Antonio
Water System ("SAWS"). SAWS did not express support or opposition to adoption
of the rules. No other public comments were received on the rules. SAWS's
first comment related to §703.9(b), which, as proposed, provided: "The
docket clerk shall give at least 30 days prior notice of the date and time
for a public hearing before the public hearing is convened." SAWS suggested
that this 30-day notice period be shortened to between 10 business days to
14 days in order to expedite the Authority's rulemaking process while still
providing ample time to all interested parties. The Authority agrees that
a notice period of 10 to 14 days would help avoid undue delay in the rulemaking
process while still ensuring the public adequate advance notice of public
hearings. Accordingly, the Authority has amended §703.9(b) to provide
that "The docket clerk shall give prior notice of the date and time for a
public hearing at least 10 business days before the public hearing is convened."
For the same reason and for the sake of consistency, the Authority has also
amended §703.9(d), which formerly stated that the notice of a public
hearing would be published in newspapers "at least 30 days prior to the date
of the public hearing." Section §703.9(d) now provides that such newspaper
notices shall be published "at least 10 business days prior to the date of
the public hearing."
SAWS also expressed the hope that the Authority would make it a "regular
practice" to post notices of public hearings on proposed rules on the Authority's
internet web site. While the Authority does not believe it necessary to pass
a formal rule to this effect, the Authority plans to make it a regular practice
to post such notices on its web site.
The new sections are adopted pursuant to §1.11(a) and (h)
of the Edwards Aquifer Authority Act (Act of May 30, 1993, 73rd Legislature,
Regular Session, Chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended
by Act of May 29, 1995, 74th Legislature, Regular Session, Chapter 261, 1995
Texas General Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session,
chapter 524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, Chapter 163, 1999 Texas General Laws 634 ("Act"); and §§2001.004(1),
2001.021(b), 2001.026, 2001.029, and 2001.031 of the APA.
Section 1.11(a) of the Act provides that the Board of Directors ("Board")
of the Authority "shall adopt rules necessary to carry out the authority's
powers and duties under (Article 1 of the Act), including rule governing procedures
of the board and the authority." This section provides broad rulemaking authority
to implement the various substantive and procedures programs set forth in
the Act related to the Edwards Aquifer, including in particular, administrative
procedures to be used before the Authority. The procedures of the board and
the Authority readily encompass the procedures of the Authority to be employed
when the Authority is engaging in rulemaking and are proposed in furtherance
of this legislative mandate.
Section 1.11(h) of the Act provides, among other things, that the Authority
is "subject to" the APA. This section essentially provides that the Authority
is required to comply with the APA for its rulemaking, even though the Authority
is a political subdivision and not a state agency that would generally be
subject to APA requirements.
Section 2001.004(1) of the APA requires agencies subject to the APA to
"adopt rules of practice stating the nature and requirements of all available
formal and informal procedures." These proposed rulemaking is in furtherance
of this legislative mandate. These proposed rules are rules of practice that
state the procedures available to the public and the Authority for rulemaking.
Section 2001.021(b) of the APA authorizes interested persons to petition
agencies for the adoption of a rule. These propose rules implement this section
of the APA.
Section 2001.026 of the APA requires agencies to provide notice of proposed
rules to persons requesting such notice. These proposed rules implement this
section of the APA.
Section 2001.029 of the APA authorizes public comment on proposed rules.
These proposed rules implement this section of the APA.
Section 2001.031 of the APA provides for agencies contemplating rulemaking
to use advisory conferences and committees. These proposed rules implement
this section of the APA.
§703.9.Notice of Public Hearings on Proposed Rules.
(a)
The general manager will set a time and place for any public
hearing on proposed rules of the authority.
(b)
The docket clerk shall give prior notice of the date and
time for a public hearing at least 10 business days before the public hearing
is convened.
(c)
The notice shall advise the public of the following:
(1)
the date, place, and time the public hearing is to be convened;
(2)
a statement of the opportunity to file written comments;
(3)
the date and time by which written comments must be filed
with the authority;
(4)
the place at which written comments must be filed with
the authority;
(5)
the format and style requirements for written comments;
and
(6)
a statement of the opportunity to appear and provide oral
comments to the authority at the public hearing.
(d)
The notice of public hearing shall be published one time
at least 10 business days prior to the date of the public hearing in the following:
(1)
one newspaper with general circulation throughout the jurisdictional
boundaries of the authority; and
(2)
at least four other newspapers with circulation within
all or any portion of the jurisdictional boundaries of the authority.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004845
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
The Edwards Aquifer Authority ("Authority") adopts the repeal of 31
TAC Chapter 705 in its entirety, §§705.1, 705.11, 705.15, 705.17,
705.19, 705.21, 705.23, 705.25, 705.27, 705.41, 705.51, 705.61, 705.63, 705.65,
705.67, 705.69, 705.71, 705.73, 705.75, 705.77, 705.101, 705.111, 705.113,
705.221, 705.225, 705.227, 705.229, 705.231, 705.233, 705.235, 705.237, 705.239,
705.241, 705.251, 705.253, 705.255, 705.257, 705.259, 705.261, 705.263, 705.265
and 705.267, concerning Substantive Groundwater Withdrawal Permit Rules, without
changes to the proposed text as published in the April 28, 2000, issue of
the
Texas Register
(25 TexReg 3711).
The Authority repeals these rules to implement the action of the district
court in
Living Waters Artesian Springs, Ltd. v.
Edwards Aquifer Authority,
Cause Number 98-02644 in the 353rd Judicial
District, Travis County, Texas, which invalidated 31 Texas Administrative
Code Chapter 705 on December 17, 1998.
Section 2001.0225 of the Texas Government Code requires an agency to perform,
under certain circumstances, a regulatory analysis of "major environmental
rules." The Authority has determined that the repeal of these rules does not
constitute a "major environmental rule" as that term is defined by §2001.0225(g)(3)
of the Texas Government Code. The basis for this determination is that in
repealing the rules, there is no specific intent to "protect the environment"
or "reduce risks to human health from environmental exposure." The specific
intent of the repeal is to implement a pre-existing judicial decision invalidating
the chapter in order to remove administrative confusion because the chapter
is still codified in the Texas Administrative Code, and to free up the chapter
numbering for future rulemaking. Accordingly, the Authority finds that the
repeal of the rules does not constitute a "major environmental rule" and that,
therefore, no further analysis is required by §2001.0225 of the Texas
Government Code.
Chapter 2007 of the Texas Government Code, also known as the "Texas Private
Real Property Rights Preservation Act," requires governmental entities, under
certain circumstances, to prepare a takings impact assessment ("TIA") in connection
with certain covered categories of proposed governmental actions. Based on
the following reasons, the Authority has determined that it need not prepare
a TIA in connection with the repeal of these rules. First, the Authority has
made a "categorical determination" that the repeal of rules which have already
been rendered invalid by a court order is not an action which can affect private
real property. Second, the Authority has determined that repealing the Chapter
705 rules imposes no burden upon private real property. As such, they have
no direct affect on private real property and may not result in a taking.
Accordingly, a TIA need not be prepared in connection with the repealing of
these rules.
No public hearings were held on the repeal of these rules, nor were any
requests for public hearings submitted to the Authority. In addition, no comments
on the repeal of these rules were received by the Authority.
Subchapter A. PURPOSE OF PERMIT PROGRAM
31 TAC §705.1
The repeal is adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provisions as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of a comprehensive water management plan, and the enforcement
of the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004846
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§705.11, 705.15, 705.17, 705.19, 705.21, 705.23, 705.25, 705.27
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provisions as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of a comprehensive water management plan, and the enforcement
of the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004847
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §705.41
The repeal is adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provisions as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of a comprehensive water management plan, and the enforcement
of the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004848
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §705.51
The repeal is adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provisions as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of a comprehensive water management plan, and the enforcement
of the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004849
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§705.61, 705.63, 705.65, 705.67, 705.69, 705.71, 705.73, 705.75, 705.77
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provisions as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of a comprehensive water management plan, and the enforcement
of the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004850
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §705.101
The repeal is adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provisions as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of a comprehensive water management plan, and the enforcement
of the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004851
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §705.111, §705.113
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provisions as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of a comprehensive water management plan, and the enforcement
of the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004852
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§705.221, 705.225, 705.227, 705.229, 705.231, 705.233, 705.235, 705.237, 705.239, 705.241
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provisions as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of a comprehensive water management plan, and the enforcement
of the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004853
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§705.251, 705.253, 705.255, 705.257, 705.259, 705.261, 705.263, 705.265, 705.267
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provisions as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of a comprehensive water management plan, and the enforcement
of the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004854
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
The Edwards Aquifer Authority ("Authority") adopts the repeal of 31
TAC Chapter 707 in its entirety, §§707.1, 707.3, 707.21, 707.23,
707.25, 707.27, 707.29, 707.31, 707.41, 707.43, 707.45, 707.47, 707.49, 707.51,
707.53, 707.57, 707.59, 707.61, 707.63, 707.65, 707.67, 707.81, 707.83, 707.85,
707.87, 707.89, 707.91, 707.93, 707.121, 707.131, 707.133, 707.151, 707.153,
707.161, 707.201, 707.205, 707.207, 707.209, 707.221, 707.223, 707.225, 707.227,
707.229, 707.231, 707.233, 707.235, 707.237, 707.251, 707.257, 707.259, 707.261,
707.263, 707.281, 707.283, 707.285, 707.287, 707.289, 707.291, 707.293, 707.295,
707.297, 707.299, 707.301, 707.311, 707.313, 707.315, 707.317, 707.319, 707.401,
707.403, 707.405, 707.417, 707.425, 707.429, 707.431, 707.501, 707.509, 707.525,
707.703, 707.705, 707.709, 707.711, 707.713, 707.715, 707.717, 707.719, 707.721
and 707.723, concerning Procedural Groundwater Withdrawal Permit Rules, without
changes to the proposed text as published in the April 28, 2000, issue of
the
Texas Register
(25 TexReg 3716).
The Authority repeals these rules to implement the action of the district
court in
Living Waters Artesian Springs, Ltd. v.
Edwards Aquifer Authority,
Cause Number 98-02644 in the 353rd Judicial
District, Travis County, Texas, which invalidated 31 Texas Administrative
Code Chapter 707 on December 17, 1998.
Section 2001.0225 of the Texas Government Code requires an agency to perform,
under certain circumstances, a regulatory analysis of "major environmental
rules." The Authority has determined that the repeal of these rules does not
constitute a "major environmental rule" as that term is defined by 2001.0225(g)(3)
of the Texas Government Code. The basis for this determination is that in
repealing the rules, there is no specific intent to "protect the environment"
or "reduce risks to human health from environmental exposure." The specific
intent of the repeal is to implement a pre-existing judicial decision invalidating
the chapter in order to remove administrative confusion because the chapter
is still codified in the Texas Administrative Code, and to free up the chapter
numbering for future rulemaking. Accordingly, the Authority finds that the
repeal of the rules does not constitute a "major environmental rule" and that,
therefore, no further analysis is required by §2001.0225 of the Texas
Government Code.
Chapter 2007 of the Texas Government Code, also known as the "Texas Private
Real Property Rights Preservation Act," requires governmental entities, under
certain circumstances, to prepare a takings impact assessment ("TIA") in connection
with certain covered categories of proposed governmental actions. Based on
the following reasons, the Authority has determined that it need not prepare
a TIA in connection with the repeal of these rules. First, the Authority has
made a "categorical determination" that the repeal of rules which have already
been rendered invalid by a court order is not an action which can affect private
real property. Second, the Authority has determined that repealing the Chapter
707 rules imposes no burden upon private real property. As such, they have
no direct affect on private real property and may not result in a taking.
Accordingly, a TIA need not be prepared in connection with the repealing of
these rules.
No public hearings were held on the repeal of the rules, nor were any requests
for public hearings submitted to the Authority. In addition, no comments on
the repeal of the rules were received by the Authority.
Subchapter A. JURISDICTION OF THE EDWARDS AQUIFER AUTHORITY
31 TAC §707.1, §707.3
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 13, 2000.
TRD-200004855
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§707.21, 707.23, 707.25, 707.27, 707.29, 707.31
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004856
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§707.41, 707.43, 707.45, 707.47, 707.49, 707.51, 707.53, 707.57, 707.59, 707.61, 707.63, 707.65, 707.67
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004857
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§707.81, 707.83, 707.85, 707.87, 707.89, 707.91, 707.93
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004858
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §707.121
The repeal is adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004859
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §707.131, §707.133
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004860
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §707.151, §707.153
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004861
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §707.161
The repeal is adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004862
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§707.201, 707.205, 707.207, 707.209
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004863
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§707.221, 707.223, 707.225, 707.227, 707.229, 707.231, 707.233, 707.235, 707.237
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004864
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§707.251, 707.257, 707.259, 707.261, 707.263
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004865
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§707.281, 707.283, 707.285, 707.287, 707.289, 707.291, 707.293, 707.295, 707.297, 707.299, 707.301
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004866
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§707.311, 707.313, 707.315, 707.317, 707.319
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004867
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
1.
GENERAL PROVISIONS
31 TAC §§707.401, 707.403, 707.405, 707.417, 707.425, 707.429, 707.431
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004868
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§707.501, 707.509, 707.525
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000.
TRD-200004869
Gregory M. Ellis
General Manager
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
31 TAC §§707.703, 707.705, 707.709, 707.711, 707.713, 707.715, 707.717, 707.719, 707.721, 707.723
The repeals are adopted pursuant to §1.11(a) of the Edwards
Aquifer Authority Act, Act of May 30, 1993, 73rd Legislature, Regular Session,
chapter 626, 1993 Texas General Laws 2350, 2358-59, as amended by Act of May
29, 1995, 74th Legislature, Regular Session, chapter 261, 1995 Texas General
Laws 2505, Act of May 16, 1995, 74th Legislature, Regular Session, chapter
524, 1995 Texas General Laws 3280, and Act of May 6, 1999, 76th Legislature,
Regular Session, chapter 163, 1999 Texas General Laws 634 ("Act") and 1 TAC §91.65(f)
(2000). The Authority interprets these provision as requiring the Authority
to repeal rules invalidated by court order to eliminate any confusion that
may exist as to the validity and applicability of the rules which have already
been codified in the Texas Administrative Code. Further, by repealing the
invalidated rules, the Authority will be able to reutilize the chapter number
in future rulemaking.
Section 1.11(a) of the Act requires the Authority to "adopt rules necessary
to carry out the authority's powers and duties under (Article 1 of the Act),
including rule governing procedures of the board and the authority." This
section provides broad rulemaking authority to implement the various substantive
and procedural programs set forth in the Act related to the Edwards Aquifer,
including, among other things, administrative procedures to be used before
the Authority, groundwater withdrawal permits, water quality protection, the
development of comprehensive water management plan, and the enforcement of
the Act.
Section 91.65(f), 1 TAC, relates to Secretary of State required procedures
for invalid rules. This section requires that rules rendered invalid by court
decision must be formally repealed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 13, 2000
TRD-200004870
Gregory M. Ellis
Edwards Aquifer Authority
Effective date: August 2, 2000
Proposal publication date: April 28, 2000
For further information, please call: (210) 222-2204
Part 20.
EDWARDS AQUIFER AUTHORITY
Chapter 703.
DEFINITIONS
Chapter 703.
RULEMAKING PROCEDURES
Chapter 705.
SUBSTANTIVE GROUNDWATER WITHDRAWAL PERMIT RULES
Subchapter B. GROUNDWATER WITHDRAWALS NOT REQUIRING A PERMIT; EXEMPT WELLS
Subchapter C. ACTIVITIES REQUIRING A PERMIT
Subchapter D. AUTHORIZED USES
Subchapter E. PERMIT CATEGORIES
Subchapter F. STANDARD GROUNDWATER WITHDRAWAL PERMIT CONDITIONS
Subchapter G. REPORTING
Subchapter I. GENERAL PROHIBITIONS
Subchapter J. INTERIM AUTHORIZATION
Chapter 707.
PROCEDURAL GROUNDWATER WITHDRAWAL PERMIT RULES
Subchapter B. GENERAL REQUIREMENTS
Subchapter C. REQUIREMENTS FOR ALL APPLICATIONS
Subchapter D. DECLARATIONS OF HISTORICAL USE
Subchapter F. ADDITIONAL REQUIREMENTS FOR ADDITIONAL REGULAR PERMITS
Subchapter G. ADDITIONAL REQUIREMENTS FOR TERM PERMITS
Subchapter H. ADDITIONAL REQUIREMENTS FOR EMERGENCY PERMITS
Subchapter I. ADDITIONAL REQUIREMENTS FOR WELL CONSTRUCTION PERMITS
Subchapter K. REGISTRATION OF WELLS
Subchapter L. APPLICATIONS PROCESSING
Subchapter M. NOTICES RELATED TO GROUNDWATER WITHDRAWAL PERMIT APPLICATIONS
Subchapter N. ACTIONS ON APPLICATIONS
Subchapter O. REQUESTS FOR CONTESTED CASE HEARINGS
Subchapter P. CONTESTED CASE HEARINGS
2.
HEARING PROCEDURES
3.
POST-HEARING PROCEDURES
Chapter 709.
CRITICAL PERIOD MANAGEMENT RULES