31 TAC §359.2, §359.14
The Texas Water Development Board (the board) adopts amendments
to 31 TAC §359.2 and §359.14, concerning Water Banking, without
changes to the proposed amendments as published in the April 4, 2003, issue
of the
Texas Register
(28 TexReg 2919) and
will not be republished. The amendments are adopted to update a definition
and to change the requirement for fee schedule approval. The amendments will
provide cleanup and clarification as a result of the four-year rule review
requirement of Texas Government Code §2001.039.
The board adopts amendment to §359.2, Definitions, to update the definition
of "Commission" from the "The Texas Natural Resource Conservation Commission"
to "The Texas Commission on Environmental Quality," to reflect the agency's
name change. Amendment to §359.14, Fees, is adopted to change the requirement
for approval of the fee schedule from two years, to an as needed basis.
The original intent in adopting the fee schedule revisions every two years
was to provide an adjustment to the fees if market prices made the amount
unduly burdensome and interfered with the use of the water bank for marketing.
However, based on the water bank activities to date, staff considers the current
fee structure reasonable and does not, at this time, foresee any significant
water market changes or objections to the fee schedule by the public that
would warrant a biennial reconsideration of the fee.
No comments were received on the proposed amendments.
Statutory authority: Water Code, §6.101 and §15.703(b).
Cross reference to statute: Water Code, Chapter 15, Subchapter K and Chapter
11, Subchapter E.
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 May 21, 2003.
TRD-200303165
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: June 10, 2003
Proposal publication date: April 4, 2003
For further information, please call: (512) 463-7981