31 TAC §377.3
The Texas Water Development Board (board) proposes an amendment
to 31 TAC §377.3, relating to the Hydrographic Survey Program. The proposed
amendment to §377.3(a) revises the authority of the executive administrator
to execute contracts to conduct hydrographic surveys to include the authority
to execute contracts with any entity.
The proposed amendment to §377.3(a) inserts the language "with any
person" to reflect that the executive administrator may execute a contract
for a hydrographic survey with any person rather than just the political subdivisions
and agencies listed in the existing subsection. The board has encountered
instances in which a hydrographic survey is requested for a reservoir that
serves as the water supply a political subdivision of this state but is actually
owned by a water supply corporation or other private entity. While the survey
will benefit the political subdivision as well as the state, the contract
should be executed with the entity that owns or operates the lake. This proposed
amendment would provide that authority to the executive administrator. The
remaining portion of the section is rearranged to retain the statutory requirements
that a survey be performed upon the request of a political subdivision or
agency of this state, a neighboring state, or a federal agency, and if the
information collected will benefit this state. These requirements are imposed
as a condition for the executive administrator to execute a contract to perform
the survey in order to insure compliance with the statute.
Ms. Melanie Callahan, Director of Fiscal Services, has determined that
for the first five-year period the section is in effect there will not be
fiscal implications to state or local government as a result of enforcement
and administration of this section.
Ms. Callahan has also determined for the first five years that the section,
as proposed, is in effect the public benefit anticipated as a result of implementing
the proposed section will be to provide the board with greater flexibility
to perform hydrographic surveys that benefit political subdivisions and the
state. Ms. Callahan has further determined there will not be increased economic
cost to small businesses or individuals required to comply with the section
as proposed because the provisions apply only to political subdivisions applying
for board assistance.
It is estimated that the rule amendment will not adversely affect local
economies because the rule does not require activity that the parties do not
deem beneficial.
Comments on the proposed amendment will be accepted for 30 days following
publication and may be submitted to Jonathan Steinberg, Attorney, 512/475-2051,
Texas Water Development Board, P.O. Box 13231, Austin, Texas, 78711-3231,
or by e-mail to jonathan.steinberg@twdb.state.tx.us or by fax at (512) 463-5580.
Statutory authority: Water Code, §15.805.
Cross-reference to statute: Water Code, Chapter 15, Subchapter M.
§377.3.Studies.
(a)
The executive administrator may negotiate and execute receivable
contracts
with any person
to perform hydrographic surveys in this
state or outside of this state
. In order to execute the contract, the
executive administrator must:
[
if the information collected will
benefit this state with:
]
(1)
receive a written request to
perform the survey from the authorized representative of a:
(A)
political subdivision or agency of this state;
(B)
political subdivision or agency of a neighboring
state; or
(C)
federal agency; and
(2)
find that the information collected will
benefit this state.
[
(1)
political subdivisions or
agencies of this state;]
[
(2)
political subdivisions or
agencies of a neighboring state; or]
[
(3)
a federal agency.]
(b)
Fees collected for the studies will be deposited into and
costs of conducting the studies will be paid from the hydrographic survey
account of the water assistance fund.
(c)
Hydrographic surveys may include, but are not limited to,
the following:
(1)
determining and delineating the form and position of a
body of water;
(2)
evaluating the profiles and capacities of a water body;
(3)
evaluating available water supplies;
(4)
evaluating levels, rates, and quality of sediment levels;
(5)
mapping of bathymetric contours, obstructions to navigation,
or other specialized hydrographic mapping;
(6)
processing, archiving, retrieving, and providing hydrographic
data;
(7)
potential mitigative measures; and
(8)
collecting geohydrologic information from water-bearing
formations.
(d)
The executive administrator may determine priorities when
scheduling conflicts exist between competing applications for hydrographic
services.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 16, 2004.
TRD-200403973
Suzanne Schwartz
General Counsel
Texas Water Development Board
Proposed date of adoption: August 18, 2004
For further information, please call: (512) 475-2052