Proposed Rule Review
Texas Commission on Environmental Quality
Title 30, Part 1
The Texas Commission on Environmental Quality (commission) files this notice
of intention to review and proposes the readoption of Chapter 294, Groundwater
Management Areas. A separate rulemaking has been proposed to repeal Subchapter
A, Carrizo-Wilcox Aquifer; Subchapter B, Antlers Sand Aquifer; and Subchapter
F, East Texas Groundwater Management Area of this chapter, and to change the
name of the chapter to Priority Groundwater Management Areas. This proposal
was published in the November 21, 2003 issue of the
Texas Register
(28 TexReg 10423).
This review of Chapter 294 is proposed in accordance with the requirements
of Texas Government Code, §2001.039, which requires state agencies to
review and consider for readoption each of their rules every four years. The
review must include an assessment of whether the reasons for the rules continue
to exist.
CHAPTER SUMMARY
Chapter 294 provides for the designation of certain groundwater management
areas and the procedures for the designation of priority groundwater management
areas (PGMAs), including recommendations for the creation of groundwater conservation
districts. The chapter provides the designations and delineations of priority
groundwater management areas designated by commission rule prior to September
1, 2001, after which designations were made by commission order.
Subchapter A, Carrizo-Wilcox Aquifer, contains §294.1, Definitions; §294.2,
Designation of Management Area 3 of the Carrizo-Wilcox Aquifer; §294.3,
Designation of Management Area 4 of the Carrizo-Wilcox Aquifer; and §294.4,
Description of Boundaries.
Subchapter B, Antlers Sand Aquifer, contains §294.10, Definitions; §294.11,
Designation of Union Hill Underground Water Management Area of the Antlers
Sand Aquifer; and §294.12, Description of Boundaries.
Subchapter D, Priority Groundwater Management Areas, provides for the designations
and boundaries of three priority groundwater management areas and contains §294.30,
Purpose and Applicability; §294.31, Designation of Briscoe, Hale and
Swisher County Priority Groundwater Management Area; §294.32, Designation
of Dallam County Priority Groundwater Management Area; and §294.35, Designation
of Reagan, Upton, and Midland County Priority Groundwater Management Area.
Subchapter E, Designation of Priority Groundwater Management Areas, provides
for the identification, stakeholder notice, coordination with participating
agencies, and executive director report for priority groundwater management
area studies. The subchapter provides procedures including notice and hearing
for commission actions to consider designation of priority groundwater management
areas. The subchapter contains §294.39, Purpose; §294.40, Definitions; §294.41,
Priority Groundwater Management Area Identification, Study, and Executive
Director's Report Concerning Designation; §294.42, Commission Action
Concerning PGMA Designation; §294.43, Actions Required After PGMA Designation;
and §294.44, Adding a PGMA to an Existing Groundwater Conservation District.
Subchapter F, East Texas Groundwater Management Area, contains §294.60,
Purpose and Scope; §294.61, Definitions; §294.62, Designation of
East Texas Groundwater Management Area (ETGMA); and §294.63, Boundaries.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review and determined that the reasons
for Subchapters D and E in Chapter 294 continue to exist. The rules are needed
to implement the requirements of Texas Water Code, Chapter 35, in order to
identify, study, and designate priority groundwater management areas in areas
experiencing or likely to experience critical groundwater problems in the
next 25 years. The name of the chapter should be changed to Priority Groundwater
Management Areas to better describe the purpose of the rules.
The reasons for Subchapters A, B, and F no longer exist, and these subchapters
should be repealed. Senate Bill 2, §2.22, 77th Legislature, 2001, transferred
the authority to designate groundwater management areas from the commission
to the Texas Water Development Board. These groundwater management areas are
no longer valid and should be repealed to avoid confusion with the Texas Water
Development Board groundwater management area designations.
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039. The commission invites public comment
on this preliminary review of the rules in Chapter 294. Comments may be submitted
to Joyce Spencer, Office of Environmental Policy, Analysis, and Assessment,
MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808.
All comments should reference Rule Project Number 2003-059-294-WT. Comments
must be received by 5:00 p.m., February 17, 2004. For further information
or questions concerning this proposal, please contact Clifton Wise, Policy
and Regulations Division, at (512) 239-2263.
TRD-200400060
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 7, 2004
Adopted Rule Review