Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 354 - MEMORANDA OF UNDERSTANDING › Section 354.12 - Memorandum of Agreement Between the Texas Water Development Board and the Texas Commission on Environmental Quality Regarding Groundwater Conservation District Management Plan Approval and Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) This memorandum of agreement (MOA)
				between the Texas Water Development Board (TWDB) and Texas Commission on
				Environmental Quality (TCEQ) which sets forth the coordination of program
				responsibilities related to groundwater conservation district management,
				planning, approval, review, and oversight. This MOA is intended to clarify and
				outline the necessary coordination required for the agencies to document their
				respective duties, responsibilities, and functions as provided under Chapter 36
				of the Texas Water Code.
(b)
				Definitions.
(1) Approval. The approval of a
				groundwater conservation district's adopted management plan as administratively
				complete by the Executive Administrator of the TWDB as required under §
										36.1072
				of the Texas Water Code.
(2)
				Enforcement actions. Formal commission actions to achieve groundwater
				management by a groundwater conservation district as identified under
				§36.303 through §
										36.308 of
				the Texas Water Code including:
(A) issuing
				an order requiring the district to take certain actions or refrain from taking
				certain actions;
(B) dissolving the
				district's board of directors in accordance with §§
											36.305
				and
				36.307
				of the Texas Water Code;
(C)
				requesting the Attorney General to bring suit for the appointment of a receiver
				to collect assets and carry on the business of the district; or
(D) dissolving the district in accordance
				with §§
											36.304,
				36.305,
				and
				36.308 of
				the Texas Water Code.
(3) Executive Administrator. The Executive
				Administrator of the TWDB or a designated representative.
(4) Executive Director. The Executive
				Director of the TCEQ or a designated representative.
(5) Executive Director's Preliminary Report
				or EDPR. A pleading filed by the Executive Director which, when issued and
				served under this title, seeks an enforcement order against a respondent. EDPR
				is further defined in 30 TAC Chapter 70, Subchapter C (relating to Enforcement
				Referrals to the State Office of Administrative Hearings).
(6) Groundwater conservation district (or
				district). Any district or authority created under Section 52, Article III, or
				Section 59, Article XVI, Texas Constitution, that has the authority to regulate
				the spacing of water wells, the production from water wells, or both.
(7) Management Plan. The
				comprehensive plan developed and adopted by the groundwater conservation
				district under §
										36.1071 of the
				Texas Water Code and subject to approval by the Executive Administrator of the
				TWDB under §
										36.1072
				of the Texas Water Code that addresses groundwater management goals,
				performance standards, and objectives which specifies actions, procedures,
				performance, and avoidance that are or may be necessary to effect the
				plan.