31 TAC §§523.3, 523.4, 523.6
The Texas State Soil and Water Conservation Board (TSSWCB)
adopts the amendments to §§523.3, 523.4, and 523.6 concerning water
quality management plans (WQMP) without changes to the proposed text as published
in the March 17, 2000 issue of the
Texas Register
(25 TexReg 2294). The proposed amendment changes the name of the USDA
Soil Conservation Service to USDA Natural Resource Conservation Service in §523.3(d)
and §523.4(c) to reflect a name change in that federal agency.
The adopted amendment adds language to §523.3(b) that specifies the
conditions under which an existing WQMP should be amended: change of land
use, significant change of acreage, alteration of planned permanent practice
measures, changes identified by research and technology needed to meet water
quality standards, when more stringent measures become necessary to meet water
quality standards.
The adopted amendment clarifies §523.6(e), the definition of an eligible
person for receiving cost-share by requiring a certified WQMP as a condition
of eligibility.
Language is added to §523.6(e) which establishes limited conditions,
on a case-by-case basis with approval by the State Board, under which an eligible
person may receive more than one cost-share payment for an operating unit:
(a) research and new technology indicate a plan modification to include additional
measures is needed to meet water quality standards, (b) the operating unit
is significantly increased in size by the addition of new land areas, or (c)
more stringent measures become necessary to meet water quality standards.
These changes are needed to allow flexibility in the WQMP program to adapt
to changes in the State's nonpoint source pollution as they occur.
No comments were received regarding adoption of these amendments.
The amendments are adopted under Chapter 201.020 Agriculture
Code which provides the Texas State Soil and Water Conservation Board with
the authority to adopt rules as necessary for the performance of its functions
under the Agriculture code.
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 31, 2000.
TRD-200003858
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Effective date: June 20, 2000
Proposal publication date: March 17, 2000
For further information, please call: (254) 773-2250