Part 10. TEXAS WATER DEVELOPMENT BOARD

Chapter 355. RESEARCH AND PLANNING FUND

The Texas Water Development Board (board) adopts amendments to 31 TAC §§355.70, 355.91, 355.93, 355.97 and 355.100, concerning the Research and Planning Fund, without changes to the proposed text as published in the February 3, 2006, issue of the Texas Register (31 TexReg 689) and will not be republished. These amendments are adopted pursuant to the four-year rule review requirement of Texas Government Code §2001.039.

The board adopts amendments to §355.70(4) and (5) to correct the reference to the Texas Commission on Environmental Quality. The rule still refers to the Commission as the Texas Natural Resource Conservation Commission, instead of its correct name, the Texas Commission on Environmental Quality.

The board adopts amendments to §355.91(8) and (9) to correct the reference to the Texas Commission on Environmental Quality.

The board adopts an amendment to §355.93(b)(5) to correct a citation error. The provision refers to water management strategy analyses and cites §357.7(a)(6) of this title. However, that citation is incorrect and should be §357.7(a)(7). The board proposes to merely correct the citation.

The board also adopts an amendment to §355.93(d) to correct a second citation error. The provision refers to regional water planning group bylaws and cites §357.4(k) of this title. However, that citation is incorrect and should be §357.4(l). The board proposes to merely correct this citation, as well.

The board adopts an amendment to §355.97(b)(2) to correct the reference to the Texas Commission on Environmental Quality.

The board adopts an amendment to §355.100 to correct the name for the Texas Commission on Environmental Quality.

No comments were received on the proposed amendments.

Subchapter B. ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING

31 TAC §355.70

These amendments are adopted under the Texas Water Code, §6.101 and §16.053, which authorizes the board to adopt administrative rules necessary to carry out the regional water planning process.

The statutory provision affected by the amendments is Texas Water Code §16.053.

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 March 22, 2006.

TRD-200601767

Wendall Corrigan Braniff

General Counsel

Texas Water Development Board

Effective date: April 11, 2006

Proposal publication date: February 3, 2006

For further information, please call: (512) 475-2052

31 TAC §§355.91, 355.93, 355.97, 355.100

These amendments are adopted under the Texas Water Code, §6.101 and §16.053, which authorizes the board to adopt administrative rules necessary to carry out the regional water planning process.

The statutory provision affected by the amendments is Texas Water Code §16.053.

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 March 22, 2006.

TRD-200601768

Wendall Corrigan Braniff

General Counsel

Texas Water Development Board

Effective date: April 11, 2006

Proposal publication date: February 3, 2006

For further information, please call: (512) 475-2052

31 TAC §§357.3 - 357.5, 357.7, 357.12, 357.15

The Texas Water Development Board (board) adopts amendments to 31 TAC §§357.3 - 357.5, 357.7, 357.12, and 357.15, concerning Regional Water Planning Guidelines, without changes to the proposed text as published in the February 3, 2006, issue of the Texas Register (31 TexReg 691) and will not be republished. These amendments are adopted in order to conform to the statutory changes of House Bill 1763, 79th Legislature, Regular Session (2005) and House Bill 1378, 78th Legislature, Regular Session (2003), and pursuant to the four-year rule review requirement of Texas Government Code §2001.039.

The board adopts an amendment to §357.3(b) to correct the reference to the Texas Commission on Environmental Quality. The rule still refers to the Commission as the Texas Natural Resource Conservation Commission, instead of its correct name, the Texas Commission on Environmental Quality.

The board adopts an amendment §357.4(h) to correct the name for the Texas Commission on Environmental Quality.

The board adopts amendments to §357.5(d) and (e) to correct the name for the Texas Commission on Environmental Quality. The board also adopts an amendment to §357.5(k)(1)(D) to replace the word "certified" with "approved." The board adopts this because House Bill 1763 changed the groundwater management plan certification process to an "approval" process. The board merely corrects the term to conform to House Bill 1763.

The board adopts amendments to §357.7(a)(3) and (7) to correct the name for the Texas Commission on Environmental Quality.

The board adopts amendments to §357.12(a)(5)(C) - (E) to correct the name for the Texas Commission on Environmental Quality. The board also adopts an amendment to §357.12(a)(6) to change public comment period for initially prepared plans and regional water plan amendments from 30 days to 60 days. The board adopts this in order to resolve a conflict that exists with §357.11(b)(3), which currently requires public comments be accepted until 60 days after the public hearing. The amendment will make these two provisions consistent. The board also adds §357.12(e) to conform to House Bill 1378, 78th Legislature, Regular Session (2003). House Bill 1378 amended §16.053, Water Code, to require regional water planning groups to provide the Texas Water Advisory Council with a copy of the groups’ regional water plans upon request. The board merely adds this requirement to §357.12.

The board adopts an amendment to §357.15(a) to substitute the word "certified" with "approved" to reflect the change House Bill 1763 made to the groundwater management plan certification process. The board also changes "regional water plan" to "state water plan" because House Bill 1763 amended §16.053(p), Water Code, to change the conflict analysis between groundwater management plans and regional water plans to be between groundwater management plans and the state water plan. The board adopts an amendment to §357.15(b) to delete the phrase "Within 30 days of receipt of the petition" and to add the phrase "provide technical assistance to" in order to make the rule consistent with House Bill 1763. The board also adds new language to §357.15(b) to describe the process the board will use to resolve a petition from a groundwater conservation district that a conflict exists between a groundwater management plan and the state water plan. This process tracks the language of House Bill 1763. The process includes mediation between the groundwater conservation district and the appropriate regional water planning group and requires the board to resolve the conflict within 60 days of the mediation, if mediation is not successful. The board also amends §357.15(c) to delete the first sentence and to conform the time period for the board to resolve the conflict with the time period identified in House Bill 1763. The board also changes the time period for issuing notice of the board’s intent to resolve the conflict from 30 days notice to 15 days notice. The board adopts this based on the short time frame it has to resolve the conflict after mediation has concluded. The board amends §357.15(c) to change the word "certified" to "approved" to conform to House Bill 1763. The board also amends §357.15(e) to replace "certified" with "approved." The board also removes the phrase "suspend the certification of the plan" from §357.15(e) because that process was eliminated by House Bill 1763. The board amends the language concerning amending groundwater management plans to conform to House Bill 1763, as well. Based on House Bill 1763, if the board determines the conflict should be resolved by a revision to the groundwater management plan, the board must provide this information to the groundwater conservation district, which shall revise its plan based on this information. If the district disagrees with the decision of the board, it may appeal the decision in Travis County district court. The language the board amends to §357.15(e) follows this process and is consistent with House Bill 1763.

No comments were received on the proposed amendments.

These amendments are adopted under the Texas Water Code, §6.101 and §16.053, which authorizes the board to adopt administrative rules necessary to carry out the regional water planning process.

The statutory provision affected by the amendments is Texas Water Code §16.053.

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 March 22, 2006.

TRD-200601770

Wendall Corrigan Braniff

General Counsel

Texas Water Development Board

Effective date: April 11, 2006

Proposal publication date: February 3, 2006

For further information, please call: (512) 475-2052