reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter F - DATA COLLECTION AND TRAINING › Section 356.61 - Training on Data Collection Methodology

Current through Reg. 49, No. 28; July 12, 2024
If requested by a district in writing to the executive
					 administrator, the agency shall provide the district training on basic data
					 collection methodology and reporting and provide technical assistance,
					 including basic data collection and reporting methodology.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter F - DATA COLLECTION AND TRAINING › Section 356.62 - Data Collected by the District

Current through Reg. 49, No. 28; July 12, 2024
Upon written request of the executive administrator, a
					 district shall provide any data collected by the district to the executive
					 administrator in a format acceptable to the executive administrator. The
					 executive administrator shall provide to the districts a list of acceptable
					 formats for reporting by the districts.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter G - BRACKISH GROUNDWATER PRODUCTION ZONES › Section 356.70 - Brackish Groundwater Production Zone Designation

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency will identify and designate
				  local or regional brackish groundwater production zones in areas of the state
				  with moderate to high availability and productivity of brackish groundwater
				  that can be used to reduce the use of fresh groundwater and that:
(1) are separated by hydrogeologic barriers
				  sufficient to prevent significant impacts to water availability or water
				  quality in any area of the same or other aquifers, subdivisions of aquifers, or
				  geologic strata that have an average total dissolved solids level of 1,000
				  milligrams per liter or less at the time of designation of the zones;
				  and
(2) are not located in:
(A) an area of the Edwards Aquifer subject to
				  the jurisdiction of the Edwards Aquifer Authority;
(B) the boundaries of the:
(i) Barton Springs-Edwards Aquifer
				  Conservation District;
(ii)
				  Harris-Galveston Subsidence District; or
(iii) Fort Bend Subsidence
				  District;
(C) an aquifer,
				  subdivision of an aquifer, or geologic stratum that:
(i) has an average total dissolved solids
				  level of more than 1,000 milligrams per liter; and
(ii) is serving as a significant source of
				  water supply for municipal, domestic, or agricultural purposes at the time of
				  designation of the zones; or
(D) an area of a geologic stratum that is
				  designated or used for wastewater injection through the use of injection wells
				  or disposal wells permitted under Texas Water Code Chapter 27.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter G - BRACKISH GROUNDWATER PRODUCTION ZONES › Section 356.71 - Brackish Groundwater Production Zone Operating Permit Review

Current through Reg. 49, No. 28; July 12, 2024
(a) This section does not apply to a district
				  that overlies the Dockum Aquifer and includes wholly or partly 10 or more
				  counties.
(b) When a district
				  submits an application for a brackish groundwater production zone operating
				  permit to the agency, the agency will conduct a technical review of the
				  application, subject to subsections (c) and (d) of this section.
(c) Upon receipt of such an application, the
				  agency will assess the application to determine whether a proposed production
				  well is located within a designated brackish groundwater production zone. If a
				  proposed production well is not located within a designated brackish
				  groundwater production zone, the agency will not conduct the technical review
				  of the application. If a proposed production well is located within a
				  designated brackish groundwater production zone, the agency will conduct the
				  technical review of the applicable permit application or applicable portions of
				  a permit application in accordance with subsections (d) - (f) of this
				  section.
(d) Upon receipt of an
				  application for a brackish groundwater production zone operating permit for a
				  proposed production well located within a designated brackish groundwater
				  production zone and that includes all of the information required by Texas
				  Water Code §
										36.1015(g),
				  the agency will conduct a technical review of the application. If the agency
				  does not receive all of the information required by Texas Water Code §
										36.1015(g),
				  the agency will notify the district of the missing information. The agency will
				  not conduct a technical review of an incomplete application until all required
				  information is received.
(e) After
				  conducting the application assessment and required technical review of a
				  complete application, the agency shall provide a report of the technical review
				  of the application to the district that submitted the application that
				  includes:
(1) findings regarding the
				  compatibility of the proposed well field design with the designated brackish
				  groundwater production zone, including:
(A)
				  whether the proposed production exceeds the amount of brackish groundwater that
				  the zone is capable of producing over a 30-year period and a 50-year period, as
				  determined pursuant to Texas Water Code §
												16.060(e)
				  and is in addition to the amount of modeled available groundwater provided
				  under Texas Water Code §
												36.108; and
(B) whether the parameters and assumptions
				  used in the model described in Texas Water Code §
												36.1015(g)(4)(A)
				  are compatible with the designated brackish groundwater production
				  zone;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter G - BRACKISH GROUNDWATER PRODUCTION ZONES › Section 356.72 - Annual Report Review

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
				  district makes a request under Texas Water Code §
										36.1015(j),
				  the agency will investigate and issue a technical report to the district that
				  sent the request, subject to subsection (b) of this subsection.
(b) Upon receipt of a request, the agency
				  will determine whether it has received the applicable annual report and all of
				  the information required under Texas Water Code §
										36.1015(e)(6),
				  and for a project located in a designated brackish groundwater production zone
				  in the Gulf Coast Aquifer, the information required to be collected under Texas
				  Water Code §
										36.1015(e)(5)
				  related to subsidence. If the agency has not received all of the information
				  required under Texas Water Code §
										36.1015(e)(6)
				  or § 36.1016(e)(5), as applicable, the agency will notify the district of
				  the missing information and will not conduct a technical review of the reports
				  until all required information is received.
(c) Not later than the 120th day after the
				  date the agency receives all of the required information, the agency will
				  investigate and issue a technical report on whether:
(1) brackish groundwater production under the
				  project that is the subject of the report from the designated brackish
				  groundwater production zone is projected to cause:
(A) significant aquifer level declines in the
				  same or an adjacent aquifer, subdivision of an aquifer, or geologic stratum
				  that were not anticipated by the agency in the designation of the
				  zone;
(B) negative effects on
				  quality of water in an aquifer, subdivision of an aquifer, or geologic stratum;
				  or
(C) for a project located in a
				  designated brackish groundwater production zone in the Gulf Coast Aquifer,
				  subsidence during the permit term; or
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter A - GENERAL INFORMATION › Section 357.11 - Designations

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall review and update the
				  designations of RWPAs as necessary but at least every five years, on its own
				  initiative or upon recommendation of the EA. The Board shall provide 30 days
				  notice of its intent to amend the designations of RWPAs by publication of the
				  proposed change in the Texas Register and by mailing the notice to each mayor
				  of a municipality with a population of 1,000 or more or which is a county seat
				  that is located in whole or in part in the RWPAs proposed to be impacted, to
				  each water district or river authority located in whole or in part in the RWPA
				  based upon lists of such water districts and river authorities obtained from
				  the Commission, and to each county judge of a county located in whole or in
				  part in the RWPAs proposed to be impacted. After the 30 day notice period, the
				  Board shall hold a public hearing at a location to be determined by the Board
				  before making any changes to the designation of an RWPA.
(b) If upon boundary review the Board
				  determines that revisions to the boundaries are necessary, the Board shall
				  designate areas for which RWPs shall be developed, taking into consideration
				  factors such as:
(1) River basin and aquifer
				  delineations;
(2) Water utility
				  development patterns;
(3)
				  Socioeconomic characteristics;
(4)
				  Existing RWPAs;
(5) Political
				  Subdivision boundaries;
(6) Public
				  comment; and
(7) Other factors the
				  Board deems relevant.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter A - GENERAL INFORMATION › Section 357.12 - General Regional Water Planning Group Responsibilities and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to the preparation for the RWPs, in
				  accordance with the public participation requirements in §
										357.21
				  of this title (relating to Notice and Public Participation), the RWPGs shall:
(1) hold at least one public meeting at a
				  central location readily accessible to the public within the regional water
				  planning area to gather suggestions and recommendations from the public as to
				  issues that should be addressed or provisions that should be included in the
				  next regional or state water plan and to discuss the region's process for
				  conducting interregional coordination;
(2) prepare a scope of work that includes a
				  detailed description of tasks to be performed, identifies responsible parties
				  for task execution, a task schedule, task and expense budgets, and describes
				  interim products, draft reports, and final reports for the planning
				  process;
(3) approve any amendments
				  to the scope of work only in an open meeting of the RWPG where notice of the
				  proposed action was provided in accordance with §
											357.21
				  of this title; and
(4) designate a
				  Political Subdivision as a representative of the RWPG eligible to apply for
				  financial assistance for scope of work and RWP development pursuant to Chapter
				  355, Subchapter C of this title (relating to Regional Water Planning
				  Grants).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter B - GUIDANCE PRINCIPLES AND NOTICE REQUIREMENTS › Section 357.20 - Guidance Principles for State and Regional Water Planning

Current through Reg. 49, No. 28; July 12, 2024
Development of the State Water Plan and of RWPs shall be
					 guided by the principles stated in §
										358.3 of this
					 title (relating to Guidance Principles).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter B - GUIDANCE PRINCIPLES AND NOTICE REQUIREMENTS › Section 357.21 - Notice and Public Participation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each RWPG and any committee or subcommittee of an RWPG are subject to Chapters
				  551 and 552, Government Code. A copy of all materials presented or discussed at
				  an open meeting shall be made available for public inspection prior to and
				  following the meetings and shall meet the additional notice requirements when
				  specifically referenced as required under other subsections. In accordance with
				  Texas Water Code §
										16.053(r),
				  certain information regarding water infrastructure facilities is excepted from
				  the Public Information Act, Texas Government Code, Chapter 552. In addition to
				  the notice requirements of Chapter 551, Government Code, the following
				  requirements apply to RWPGs.
(b)
				  Each RWPG shall create and maintain a website that they will use to post public
				  notices of all its full RWPG, committee, and subcommittee meetings and make
				  available meeting agendas and related meeting materials for the public, in
				  accordance with this section.
(c)
				  Each RWPG shall provide a means by which it will accept written public comment
				  prior to and after meetings. The RWPGs must also allow oral public comment
				  during RWPG meetings and hearings.
(d) Each RWPG shall solicit interested
				  parties from the public and maintain a list of emails of persons or entities
				  who request to be notified electronically of RWPG activities.
(e) At a minimum, notices of all meetings,
				  meeting materials, and meeting agendas shall be sent electronically, in
				  accordance with the timelines and any additional notice requirements provided
				  in subsections (g)(1) - (3) and (h) of this section or any additional notice
				  requirements in the RWPG bylaws, to all voting and non-voting RWPG members and
				  any person or entity who has requested notice of RWPG activities. Notice must
				  also be provided to the following:
(1) if a
				  recommended or Alternative WMS that is located outside of the RWPG is being
				  considered, the RWPG where the recommended or Alternative WMS is located must
				  also receive notice of any meeting or hearing where action or public input may
				  be taken on the recommended or Alternative WMS.
(2) for hearings on declarations of intent to
				  pursue simplified planning, if an RWPG shares a water supply source, WMS, or
				  WMSP with another RWPG, the RWPG declaring intent to pursue simplified planning
				  must notify the RWPG with shared source, WMS, or WMSP.
(3) each project sponsor of an infeasible WMS
				  or WMSP must be provided notice of any meeting or hearing where action may be
				  taken on the infeasible WMS or WMSP.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter B - GUIDANCE PRINCIPLES AND NOTICE REQUIREMENTS › Section 357.22 - General Considerations for Development of Regional Water Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) RWPGs shall consider existing local,
				  regional, and state water planning efforts, including water plans, information
				  and relevant local, regional, state and federal programs and goals when
				  developing the RWP. The RWPGs shall also consider:
(1) Water Conservation Plans;
(2) drought management and Drought
				  Contingency Plans;
(3) information
				  compiled by the Board from water loss audits performed by Retail Public
				  Utilities pursuant to §
											358.6 of this
				  title (relating to Water Loss Audits);
(4) publicly available plans for major
				  agricultural, municipal, manufacturing and commercial water users;
(5) local and regional water management
				  plans;
(6) water availability
				  requirements promulgated by a county commissioners court in accordance with
				  Texas Water Code §
											35.019
				  (relating to Priority Groundwater Management Areas);
(7) the Texas Clean Rivers Program;
(8) the U.S. Clean Water Act;
(9) water management plans;
(10) other planning goals including, but not
				  limited to, regionalization of water and wastewater services where
				  appropriate;
(11) approved
				  groundwater conservation district management plans and other plans submitted
				  under Texas Water Code §
											16.054
				  (relating to Local Water Planning);
(12) approved groundwater regulatory
				  plans;
(13) potential impacts on
				  public health, safety, or welfare;
(14) water conservation best management
				  practices available on the TWDB website; and
(15) any other information available from
				  existing local or regional water planning studies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter C - PLANNING ACTIVITIES FOR NEEDS ANALYSIS AND STRATEGY RECOMMENDATIONS › Section 357.30 - Description of the Regional Water Planning Area

Current through Reg. 49, No. 28; July 12, 2024
RWPGs shall describe their RWPA including the
					 following:
(1) social and economic
				  aspects of a region such as information on current population, economic
				  activity and economic sectors heavily dependent on water resources;
(2) current water use and major water demand
				  centers;
(3) current groundwater,
				  surface water, and Reuse supplies including major springs that are important
				  for water supply or protection of natural resources;
(4) Major Water Providers;
(5) agricultural and natural
				  resources;
(6) identified water
				  quality problems;
(7) identified
				  threats to agricultural and natural resources due to water quantity problems or
				  water quality problems related to water supply;
(8) summary of existing local and regional
				  water plans;
(9) the identified
				  historic drought(s) of record within the planning area;
(10) current preparations for drought within
				  the RWPA;
(11) information compiled
				  by the Board from water loss audits performed by Retail Public Utilities
				  pursuant to §
										358.6 of this
				  title (relating to Water Loss Audits); and
(12) an identification of each threat to
				  agricultural and natural resources and a discussion of how that threat will be
				  addressed or affected by the WMSs evaluated in the plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter C - PLANNING ACTIVITIES FOR NEEDS ANALYSIS AND STRATEGY RECOMMENDATIONS › Section 357.32 - Water Supply Analysis

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  RWPGs shall evaluate:
(1) source water
				  Availability during Drought of Record conditions; and
(2) Existing Water Supplies that are legally
				  and physically available to each WUG and WWP within the RWPA for use during the
				  Drought of Record.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter C - PLANNING ACTIVITIES FOR NEEDS ANALYSIS AND STRATEGY RECOMMENDATIONS › Section 357.33 - Needs Analysis: Comparison of Water Supplies and Demands

Current through Reg. 49, No. 28; July 12, 2024
(a) RWPs shall include comparisons of
				  existing water supplies and projected Water Demands to identify Water
				  Needs.
(b) RWPGs shall compare
				  projected Water Demands, developed in accordance with §
										357.31
				  of this title (relating to Projected Population and Water Demands), with
				  existing water supplies available to WUGs and WWPs in a planning area, as
				  developed in accordance with §
										357.32 of
				  this title (relating to Water Supply Analysis), to determine whether WUGs will
				  experience water surpluses or needs for additional supplies.
(c) Results of evaluations shall be reported
				  by WUG in accordance with §
										357.31(a)
				  of this title and by MWP in accordance with §
										357.31(b)
				  of this title.
(d) RWPGs shall
				  perform a secondary water needs analysis for all WUGs and WWPs for which
				  conservation WMSs or direct Reuse WMSs are recommended. This secondary water
				  needs analysis shall calculate the Water Needs that would remain after assuming
				  all recommended conservation and direct Reuse WMSs are fully implemented. The
				  resulting secondary water needs volumes shall be presented in the RWP by WUG
				  and MWP and decade.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter C - PLANNING ACTIVITIES FOR NEEDS ANALYSIS AND STRATEGY RECOMMENDATIONS › Section 357.34 - Identification and Evaluation of Potentially Feasible Water Management Strategies and Water Management Strategy Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) RWPGs shall
				  identify and evaluate potentially feasible WMSs and the WMSPs required to
				  implement those strategies for all WUGs and WWPs with identified Water
				  Needs.
(b) RWPGs shall identify
				  potentially feasible WMSs to meet water supply needs identified in §
										357.33
				  of this title (relating to Needs Analysis: Comparison of Water Supplies and
				  Demands) in accordance with the process in §
										357.12(b)
				  of this title (relating to General Regional Water Planning Group
				  Responsibilities and Procedures). Strategies shall be developed for WUGs and
				  WWPs. WMS and WMSPs shall be developed for WUGs and WWPs that would provide
				  water to meet water supply needs during Drought of Record conditions.
(c) Potentially feasible WMSs may include,
				  but are not limited to:
(1) Expanded use of
				  existing supplies including system optimization and conjunctive use of water
				  resources, reallocation of reservoir storage to new uses, voluntary
				  redistribution of water resources including contracts, water marketing,
				  regional water banks, sales, leases, options, subordination agreements, and
				  financing agreements, subordination of existing water rights through voluntary
				  agreements, enhancements of yields of existing sources, and improvement of
				  water quality including control of naturally occurring chlorides.
(2) New supply development including
				  construction and improvement of surface water and groundwater resources, brush
				  control, precipitation enhancement, seawater desalination, brackish groundwater
				  desalination, water supply that could be made available by cancellation of
				  water rights based on data provided by the Commission, rainwater harvesting,
				  and aquifer storage and recovery.
(3) Conservation and Drought Management
				  Measures including demand management.
(4) Reuse of wastewater.
(5) Interbasin Transfers of Surface
				  Water.
(6) Emergency transfers of
				  surface water including a determination of the part of each water right for
				  non-municipal use in the RWPA that may be transferred without causing
				  unreasonable damage to the property of the non-municipal water rights holder in
				  accordance with Texas Water Code §
											11.139
				  (relating to Emergency Authorizations).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter C - PLANNING ACTIVITIES FOR NEEDS ANALYSIS AND STRATEGY RECOMMENDATIONS › Section 357.35 - Recommended and Alternative Water Management Strategies and Water Management Strategy Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) RWPGs shall
				  recommend WMSs and the WMSPs required to implement those WMSs to be used during
				  a Drought of Record based on the potentially feasible WMSs evaluated under
				  §
										357.34
				  of this title (relating to Identification and Evaluation of Potentially
				  Feasible Water Management Strategies and Water Management Strategy
				  Projects).
(b) RWPGs shall
				  recommend specific WMSs and WMSPs based upon the identification, analysis, and
				  comparison of WMSs by the RWPG that the RWPG determines are potentially
				  feasible so that the cost effective WMSs that are environmentally sensitive are
				  considered and adopted unless an RWPG demonstrates that adoption of such WMSs
				  is inappropriate. To determine cost-effectiveness and environmental
				  sensitivity, RWPGs shall follow processes described in §
										357.34
				  of this title. The RWP may include Alternative WMSs evaluated by the processes
				  described in §
										357.34
				  of this title.
(c) Strategies shall
				  be selected by the RWPGs so that cost effective WMSs, which are consistent with
				  long-term protection of the state's water resources, agricultural resources,
				  and natural resources are adopted.
(d) RWPGs shall identify and recommend WMSs
				  for all WUGs and WWPs with identified Water Needs and that meet all Water Needs
				  during the Drought of Record except in cases where:
(1) no WMS is feasible. In such cases, RWPGs
				  must explain why no WMSs are feasible; or
(2) a Political Subdivision that provides
				  water supply other than water supply corporations, counties, or river
				  authorities explicitly does not participate in the regional water planning
				  process for needs located within its boundaries or extraterritorial
				  jurisdiction.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter D - IMPACTS, DROUGHT RESPONSE, POLICY RECOMMENDATIONS, AND IMPLEMENTATION › Section 357.40 - Impacts of Regional Water Plan

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  RWPs shall include a quantitative description of the socioeconomic impacts of
				  not meeting the identified Water Needs pursuant to §
										357.33(c)
				  of this title (relating to Needs Analysis: Comparison of Water Supplies and
				  Demands).
(b) RWPs shall include a
				  description of the impacts of the RWP regarding:
(1) Agricultural resources pursuant to §
											357.34(e)(3)(C)
				  of this title (relating to Identification and Evaluation of Potentially
				  Feasible Water Management Strategies);
(2) Other water resources of the state
				  including other WMSs and groundwater and surface water interrelationships
				  pursuant to §
											357.34(e)(4)
				  of this title;
(3) Threats to
				  agricultural and natural resources identified pursuant to §
											357.34(e)(5)
				  of this title;
(4) Third-party
				  social and economic impacts resulting from voluntary redistributions of water
				  including analysis of third-party impacts of moving water from rural and
				  agricultural areas pursuant to §
											357.34(e)(7)
				  of this title;
(5) Major impacts of
				  recommended WMSs on key parameters of water quality pursuant to §
											357.34(e)(8)
				  of this title; and
(6) Effects on
				  navigation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter D - IMPACTS, DROUGHT RESPONSE, POLICY RECOMMENDATIONS, AND IMPLEMENTATION › Section 357.41 - Consistency with Long-Term Protection of Water Resources, Agricultural Resources, and Natural Resources

Current through Reg. 49, No. 28; July 12, 2024
RWPGs shall describe how RWPs are consistent with the
					 long-term protection of the state's water resources, agricultural resources,
					 and natural resources as embodied in the guidance principles in §
										358.3(4) and
					 (8) of this title (relating to Guidance
					 Principles).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter D - IMPACTS, DROUGHT RESPONSE, POLICY RECOMMENDATIONS, AND IMPLEMENTATION › Section 357.42 - Drought Response Information, Activities, and Recommendations

Current through Reg. 49, No. 28; July 12, 2024
(a) RWPs shall consolidate and present
				  information on current and planned preparations for, and responses to, drought
				  conditions in the region including, but not limited to, Drought of Record
				  conditions based on the following subsections.
(b) RWPGs shall conduct an assessment of
				  current preparations for drought within the RWPA. This may include information
				  from local Drought Contingency Plans. The assessment shall include:
(1) A description of how water suppliers in
				  the RWPA identify and respond to the onset of drought; and
(2) Identification of unnecessary or
				  counterproductive variations in drought response strategies among water
				  suppliers that may confuse the public or impede drought response efforts. At a
				  minimum, RWPGs shall review and summarize drought response efforts for
				  neighboring communities including the differences in the implementation of
				  outdoor watering restrictions.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter D - IMPACTS, DROUGHT RESPONSE, POLICY RECOMMENDATIONS, AND IMPLEMENTATION › Section 357.43 - Regulatory, Administrative, or Legislative Recommendations

Current through Reg. 49, No. 28; July 12, 2024
(a) The RWPs shall contain any regulatory,
				  administrative, or legislative recommendations developed by the
				  RWPGs.
(b) Ecologically Unique
				  River and Stream Segments. RWPGs may include in adopted RWPs recommendations
				  for all or parts of river and stream segments of unique ecological value
				  located within the RWPA by preparing a recommendation package consisting of a
				  physical description giving the location of the stream segment, maps, and
				  photographs of the stream segment and a site characterization of the stream
				  segment documented by supporting literature and data. The recommendation
				  package shall address each of the criteria for designation of river and stream
				  segments of ecological value found in this subsection. The RWPG shall forward
				  the recommendation package to the Texas Parks and Wildlife Department and allow
				  the Texas Parks and Wildlife Department 30 days for its written evaluation of
				  the recommendation. The adopted RWP shall include, if available, Texas Parks
				  and Wildlife Department's written evaluation of each river and stream segment
				  recommended as a river or stream segment of unique ecological value.
(1) An RWPG may recommend a river or stream
				  segment as being of unique ecological value based upon the criteria set forth
				  in §
											358.2 of
				  this title (relating to Definitions).
(2) For every river and stream segment that
				  has been designated as a unique river or stream segment by the legislature,
				  including during a session that ends not less than one year before the required
				  date of submittal of an adopted RWP to the Board, or recommended as a unique
				  river or stream segment in the RWP, the RWPG shall assess the impact of the RWP
				  on these segments. The assessment shall be a quantitative analysis of the
				  impact of the plan on the flows important to the river or stream segment, as
				  determined by the RWPG, comparing current conditions to conditions with
				  implementation of all recommended WMSs. The assessment shall also describe the
				  impact of the plan on the unique features cited in the region's recommendation
				  of that segment.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter D - IMPACTS, DROUGHT RESPONSE, POLICY RECOMMENDATIONS, AND IMPLEMENTATION › Section 357.45 - Implementation and Comparison to Previous Regional Water Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) RWPGs shall describe the level of
				  implementation of previously recommended WMSs and associated impediments to
				  implementation in accordance with guidance provided by the board. Information
				  on the progress of implementation of all WMSs that were recommended in the
				  previous RWP, including conservation and Drought Management WMSs; and the
				  implementation of WMSPs that have affected progress in meeting the state's
				  future water needs.
(b) RWPGs shall
				  assess the progress of the RWPA in encouraging cooperation between WUGs for the
				  purpose of achieving economies of scale and otherwise incentivizing WMSs that
				  benefit the entire RWPA. This assessment of regionalization shall include:
(1) The number of recommended WMSs in the
				  previously adopted and current RWPs that serve more than one WUG;
(2) The number of recommended WMSs in the
				  previously adopted RWP that serve more than one WUG and have been implemented
				  since the previously adopted RWP; and.
(3) A description of efforts the RWPG has
				  made to encourage WMSs and WMSPs that serve more than one WUG, and that benefit
				  the entire region.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter E - ADOPTION, SUBMITTAL, AND AMENDMENTS TO REGIONAL WATER PLANS › Section 357.50 - Adoption, Submittal, and Approval of Regional Water Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) The RWPGs shall submit their adopted RWPs
				  to the Board every five years on a date to be disseminated by the EA, as
				  modified by subsection (g)(2) of this section, for approval and inclusion in
				  the State Water Plan.
(b) Prior to
				  the adoption of the RWP, the RWPGs shall submit concurrently to the EA and the
				  public an IPP. The IPP submitted to the EA must be in the electronic and paper
				  format specified by the EA. Each RWPG must certify that the IPP is complete and
				  adopted by the RWPG. In the instance of a recommended WMS proposed to be
				  supplied from a different RWPA, the RWPG recommending such strategy shall
				  submit, concurrently with the submission of the IPP to the EA, a copy of the
				  IPP, or a letter identifying the WMS in the other region along with an internet
				  link to the IPP, to the RWPG associated with the location of such
				  strategy.
(c) The RWPGs shall
				  distribute the IPP in accordance with §
										357.21(h)(7)
				  of this title (relating to Notice and Public Participation).
(d) Within 60 days of the submission of IPPs
				  to the EA, the RWPGs shall submit to the EA, and the other affected RWPG, in
				  writing, the identification of potential Interregional Conflicts by:
(1) identifying the specific recommended WMS
				  from another RWPG's IPP;
(2)
				  providing a statement of why the RWPG considers there to be an Interregional
				  Conflict; and
(3) providing any
				  other information available to the RWPG that is relevant to the Board's
				  decision.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter E - ADOPTION, SUBMITTAL, AND AMENDMENTS TO REGIONAL WATER PLANS › Section 357.51 - Amendments to Regional Water Plans

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Local Water Planning Amendment Requests. A Political Subdivision in the RWPA
				  may request an RWPG to consider specific changes to an adopted RWP based on
				  changed conditions or new information. An RWPG must formally consider such
				  request within 180 days after its receipt and shall amend its adopted RWP if it
				  determines an amendment is warranted. If the Political Subdivision is not
				  satisfied with the RWPG's decision on the issue, it may file a petition with
				  the EA to request Board review the decision and consider changing the approved
				  RWP. The Political Subdivision shall send a copy of the petition to the chair
				  of the affected RWPG.
(1) The petition must
				  state:
(A) the changed condition or new
				  information that affects the approved RWP;
(B) the specific sections and provisions of
				  the approved RWP that are affected by the changed condition or new
				  information;
(C) the efforts made
				  by the Political Subdivision to work with the RWPG to obtain an amendment;
				  and
(D) the proposed amendment to
				  the approved RWP.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter F - CONSISTENCY AND CONFLICTS IN REGIONAL WATER PLANS › Section 357.60 - Consistency of Regional Water Plans

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  RWPGs shall submit to the development Board an RWP that is consistent with the
				  guidance principles and guidelines outlined in §
										357.20
				  of this title (relating to Guidance Principles for State and Regional Water
				  Planning). Information provided shall be based on data provided or approved by
				  the Board in a format consistent with the guidelines of Subchapters C and D of
				  this chapter and guidance by the EA.
(b) For the purposes of the Texas Water Code
				  §
										16.053(j)
				  (relating to Board Financial Assistance) projects proposed to the Board for
				  funding shall be considered to meet any need identified in an approved RWP in a
				  manner consistent with the RWP if the project:
(1) Is an enhancement of an Existing Water
				  Supply or water source identified in the analysis developed under §
											357.32 of
				  this title (relating to Water Supply Analysis) as meeting a demand, even though
				  the project is not specifically recommended in the RWP;
(2) Involves a minor modification to an
				  existing surface water right that is not in conflict with the RWP; or
(3) Is meeting a need in a manner consistent
				  with the plan developed under Subchapters C and D of this chapter.
(4) For the purposes of the Texas Water Code
				  §
											16.053(j),
				  projects proposed to the Board for funding to meet any need identified in an
				  approved RWP for which there is not a recommended WMS in such plan shall be
				  considered by the Board not to be consistent with the approved RWP.
(5) For the purposes of the Texas Water Code
				  §
											16.053(k)
				  (relating to Board Waivers), the Board may consider, among other factors,
				  changed conditions if a Political Subdivision requests a waiver of the Texas
				  Water Code §
											16.053(j)
				  for a project proposed to the Board for funding to meet a need in a manner that
				  is not consistent with the manner the need is addressed in an approved RWP. The
				  Board shall request the members of any affected RWPG to provide input on the
				  request for waiver of the Texas Water Code §
											16.053(j).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter F - CONSISTENCY AND CONFLICTS IN REGIONAL WATER PLANS › Section 357.61 - Intraregional Conflicts in Development of Regional Water Plans

Current through Reg. 49, No. 28; July 12, 2024
The EA shall provide technical assistance within available
					 resources to the RWPGs requesting such assistance in performing regional water
					 planning activities and if requested, may facilitate resolution of conflicts
					 within RWPAs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter F - CONSISTENCY AND CONFLICTS IN REGIONAL WATER PLANS › Section 357.62 - Interregional Conflicts

Current through Reg. 49, No. 28; July 12, 2024
(a) In the event an
				  RWPG has asserted an interregional conflict and the Board has determined that
				  there is a potential for a substantial adverse effect on that region, or the
				  Board finds that an interregional conflict exists between IPPs, the EA may use
				  the following process:
(1) notify the affected
				  RWPGs of the nature of the interregional conflict;
(2) request affected RWPGs appoint a
				  representative or representatives authorized to negotiate on behalf of the RWPG
				  and notify the EA in writing of the appointment;
(3) request affected RWPGs' assistance in
				  resolving the conflict; and
(4)
				  negotiate resolutions of conflicts with RWPGs as determined by the
				  EA.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter F - CONSISTENCY AND CONFLICTS IN REGIONAL WATER PLANS › Section 357.63 - Failure of a Regional Water Plan to Meet Regional Water Planning Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) In the
				  event the Board finds that the RWP does not meet the requirements of the Texas
				  Water Code §
										16.053, this
				  chapter, and Chapter 358 of this title (relating to State Water Planning
				  Guidelines), the Board shall direct the RWPG to make changes necessary for
				  compliance with legal requirements.
(b) In the event the Board directs the RWPG
				  to make changes to its RWP, the RWPG may request a reasonable amount of time,
				  within any statutory deadlines, to complete the required changes.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 357 - REGIONAL WATER PLANNING › Subchapter F - CONSISTENCY AND CONFLICTS IN REGIONAL WATER PLANS › Section 357.64 - Conflicts Between Regional Water Plans and Groundwater Management Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) A groundwater conservation district may
				  file a written petition with the EA stating that a potential conflict exists
				  between the district's approved management plan developed under Texas Water
				  Code §
										36.1071 (relating
				  to Management Plans) and the approved State Water Plan. A copy of the petition
				  shall be provided to the affected RWPG. The petition must state:
(1) the specific nature of the
				  conflict;
(2) the specific sections
				  and provisions of the approved management plan and approved State Water Plan
				  that are in conflict; and
(3) the
				  proposed resolution to the conflict.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 358 - STATE WATER PLANNING GUIDELINES › Subchapter A - STATE WATER PLAN DEVELOPMENT › Section 358.1 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter governs the Board's preparation,
					 development, formulation, and adoption of the state water
					 plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 358 - STATE WATER PLANNING GUIDELINES › Subchapter A - STATE WATER PLAN DEVELOPMENT › Section 358.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and acronyms, used in this chapter,
					 have the following meanings.
(1)
				  Board--The Texas Water Development Board.
(2) Commission--The Texas Commission on
				  Environmental Quality.
(3) Regional
				  water plan (RWP)--The plan adopted or amended by a regional water planning
				  group pursuant to Texas Water Code §
										16.053
				  (relating to Regional Water Plans) and Chapter 357 of this title (relating to
				  Regional Water Planning).
(4)
				  Regional water planning area--Area designated pursuant to Texas Water Code
				  §
										16.053 and
				  Chapter 357 of this title.
(5)
				  Regional water planning group (RWPG)--Group designated pursuant to Texas Water
				  Code §
										16.053 and
				  Chapter 357 of this title.
(6)
				  River and stream segments of unique ecological value--Those river or stream
				  segments that may be identified by the Board in coordination with the Texas
				  Parks and Wildlife Department and the Commission or identified in an approved
				  regional water plan based on the following criteria:
(A) Biological function--stream segments
				  which display significant overall habitat value including both quantity and
				  quality considering the degree of biodiversity, age, and uniqueness observed
				  and including terrestrial, wetland, aquatic, or estuarine habitats;
(B) Hydrologic function--stream segments
				  which are fringed by habitats that perform valuable hydrologic functions
				  relating to water quality, flood attenuation, flow stabilization, or
				  groundwater recharge and discharge;
(C) Riparian conservation areas--stream
				  segments which are fringed by significant areas in public ownership including
				  state and federal refuges, wildlife management areas, preserves, parks,
				  mitigation areas, or other areas held by governmental organizations for
				  conservation purposes, or stream segments which are fringed by other areas
				  managed for conservation purposes under a governmentally approved conservation
				  plan;
(D) High water
				  quality/exceptional aquatic life/high aesthetic value--stream segments and
				  spring resources that are significant due to unique or critical habitats and
				  exceptional aquatic life uses dependent on or associated with high water
				  quality; or
(E) Threatened or
				  endangered species/unique communities--sites along stream where water
				  development projects would have significant detrimental effects on state or
				  federally listed threatened and endangered species; and sites along streams
				  significant due to the presence of unique, exemplary, or unusually extensive
				  natural communities.