reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 358 - STATE WATER PLANNING GUIDELINES › Subchapter B - DATA COLLECTION › Section 358.5 - Groundwater and Surface Water Use Surveys

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator shall conduct surveys at least
					 annually of persons and/or entities using groundwater and surface water for
					 municipal, industrial, power generation, or mining purposes to gather data to
					 be used for long-term water supply planning. The survey instrument will
					 identify which responses are required and which are optional. The executive
					 administrator will send the surveys to the appropriate recipients by
					 first-class mail, electronic mail, or both. Recipients shall return the survey
					 to the executive administrator within 60 days of the postmark date or
					 electronic mail sent date. Surveys may be returned to the executive
					 administrator electronically. The executive administrator shall determine if
					 the survey is administratively complete. A survey is administratively complete
					 if all required responses are provided. Incomplete surveys will be returned to
					 the recipient, who will have 60 days from the new postmark date or electronic
					 mail sent date to complete the items found deficient and return the survey to
					 the executive administrator. A person or entity that fails to return their
					 survey within 60 days or correct a survey that is not administratively complete
					 within 60 days is ineligible for funding from board programs. Ineligibility
					 will remain until the incomplete survey instruments are submitted to the
					 executive administrator and determined to be administratively complete.
					 Further, a person who fails to complete and return the survey commits an
					 offense that is punishable as a Class C misdemeanor, pursuant to Texas Water
					 Code §
										16.012(m).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 358 - STATE WATER PLANNING GUIDELINES › Subchapter B - DATA COLLECTION › Section 358.6 - Water Loss Audits

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  Unless otherwise indicated, in this section the following terms shall have the
				  meanings assigned.
(1) Allowed apparent
				  loss--A unique number for allowable apparent loss calculated for each
				  utility.
(2) Annual real loss--A
				  unique number calculated for each utility based on the utility's real loss on
				  an annualized basis.
(3) Apparent
				  loss--Unauthorized consumption, meter inaccuracy, billing adjustments, and
				  waivers.
(4) Average system
				  operating pressure--System operating pressure in pounds per square inch
				  calculated using a weighted average approach as identified in the American
				  Water Works Association M36 Manual.
(5) Validation - The process of examining
				  water loss audit inputs to identify and correct inaccuracies in water loss
				  audit data and the application of methodology to evaluate and communicate the
				  uncertainty inherent in water loss audit data.
(6) Executive Administrator--The executive
				  administrator of the Board.
(7)
				  Mitigation--An action or actions taken by a retail public utility to reduce the
				  amount of total water loss in a system. Mitigation may include a detailed water
				  loss assessment, pipe or meter replacement, or addition or improvement of
				  monitoring devices to detect water loss.
(8) Real loss--Loss from main breaks and
				  leaks, storage tank overflows, customer service line breaks, and line
				  leaks.
(9) Retail public utility or
				  utility--A retail public utility as defined by Texas Water Code §
											13.002.
(10) Service connection density--The number
				  of a retail public utility's connections on a per mile basis.
(11) Total water loss--The sum of a utility's
				  real loss and apparent loss.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
These sections are proposed to establish and administer the
				  Texas Water Bank in accordance with the Texas Water Code, Chapter 15,
				  Subchapter K. The board shall administer the water bank to facilitate water
				  transactions to provide sources of adequate water supplies for use within the
				  State of Texas. The adoption of these rules is not intended to prevent any
				  person from selling or leasing water or water rights by transactions outside
				  the purview of the water bank or duly-established regional water banks, where
				  such transactions are otherwise allowed by law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this chapter shall
				  have the following meanings, unless the context clearly indicates
				  otherwise:
(1) Administrator--The
				executive administrator of the Texas Water Development Board or designated
				representative(s).
(2) Bank--The
				Texas Water Bank, including regional banks established pursuant to this
				subchapter.
(3) Board--The Texas
				Water Development Board.
(4)
				Commission--The Texas Commission on Environmental Quality.
(5) Conserved water--That amount of water
				saved by a holder of an existing permit, certified filing, or certificate of
				adjudication through practices, techniques, and technologies that would
				otherwise be irretrievably lost to all consumptive beneficial uses arising from
				storage, transportation, distribution, or application. Additionally, that
				amount of ground water made available for alternative or future uses through
				practices, techniques, and technologies that reduce the consumption of ground
				water, reduce the loss or waste of ground water, improve the efficiency in use
				of ground water, or increase the availability of ground water through recycling
				or reuse.
(6) Department--The Texas
				Parks and Wildlife Department.
(7)
				Deposit--The authorized placement of a water right or the right to use water in
				the bank for transfer.
(8)
				Depositor--A person who deposits or has on deposit a water right in the
				bank.
(9) Lease--To convey by
				contract the right to use water for a specified time period in accordance with
				the authorized right and other applicable law.
(10) Person--Includes, but is not limited to,
				any individual, corporation, organization, government, or governmental
				subdivision or agency, including the board, business trust, estate, trust,
				partnership, association, and any other legal entity.
(11) Political subdivision--A state agency, a
				county, city, or other body politic or corporate of the state, including any
				district or authority created under the Texas Constitution, Article III,
				§52, or Article XVI, §59, and including any interstate compact
				commission to which the state is a party and any nonprofit water supply
				corporation created and operating under Acts of the 43rd Legislature, Chapter
				76, First Called Session, 1933 (Texas Civil Statutes, Article 1434a).
(12) Transfer--The conveyance of a water
				right or the right to use water under a water right in any of the following
				manners:
(A) the conveyance of legal title to
				a water right; or
(B) a contract or
				option contract to allow use of a water right.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.3 - Board Acquisition of Water and Water Rights

Current through Reg. 49, No. 28; July 12, 2024
The board may purchase, lease, hold, accept as a gift, and
				  transfer water, water rights or the right to use water as necessary to operate
				  the bank and facilitate the transfer of water, water rights or the right to use
				  water from the bank for future beneficial use in Texas, including accepting and
				  holding donations of water rights to meet instream, water quality, fish and
				  wildlife habitat, or bay and estuary inflow needs in accordance with state
				  law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.4 - Other Applicable Law

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise specified by Texas Water Code, Chapter 15,
				  Subchapter K, transfers through the bank do not eliminate the requirement to
				  comply with the provisions of Texas Water Code, Chapter 11, and other
				  applicable law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.5 - Procedures for Deposit

Current through Reg. 49, No. 28; July 12, 2024
A potential depositor shall file a completed application for
				  deposit with the administrator on forms or in a format provided by the
				  administrator and provide such information as the administrator may require to
				  evaluate the proposed application for deposit. The administrator shall notify
				  the potential depositor within 30 calendar days of receipt of the application
				  for deposit if additional information is needed to complete the application.
				  The date of deposit is the date of receipt of a completed application for
				  deposit. Within 30 calendar days following the receipt of a completed
				  application for deposit, the administrator shall notify the executive director
				  of the commission and depositor of the acceptance or refusal of the
				  deposit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.6 - Bank Review

Current through Reg. 49, No. 28; July 12, 2024
The administrator may withdraw a deposit where the
				  administrator finds the deposit to be:
(1) representative of a water right, or
				portion thereof, that is not quantifiable;
(2) representative of a water right, or
				portion thereof, where a petition or other formal action has been filed with
				the commission for the cancellation or forfeiture of the water right before the
				date of deposit; or
(3) contrary,
				for any reason, to the purposes of the Texas Water Code, Chapter 15, Subchapter
				K, or these rules, or other provisions of the Water Code or applicable
				law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.7 - Appeal of Findings

Current through Reg. 49, No. 28; July 12, 2024
Decisions of the administrator under §§
									359.5,
				  359.6, and
				  359.8
				  of this title (relating to Procedures for Deposit, Bank Review, and Deposits,
				  Transfers, Cancellation Protection, and Withdrawals) may be appealed to the
				  board by filing notice with the administrator. The administrator shall bring
				  such appeals before the board at the earliest practicable board meeting for
				  consideration, and notify the appellant, not less than 14 calendar days before
				  the meeting, of the date, time, and place of the board meeting. Appeals under
				  this section shall not be considered contested hearings under the Texas
				  Administrative Procedure and Texas Register Act. The appellant and
				  administrator may present written material to the board, in advance of the date
				  of board consideration, with copies of such written material provided to the
				  other party at least three days prior to the board meeting. The appellant and
				  administrator may present brief oral remarks to the board after which the board
				  shall decide on disposition of the appeal.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.8 - Deposits, Studies, Transfers, Cancellation Protection, and Withdrawals

Current through Reg. 49, No. 28; July 12, 2024
(a) A water right or portion thereof may be
				deposited in the bank for an initial term of up to 10 years, unless otherwise
				held in the Texas Water Trust described in §
									359.15 of this
				title (relating to Texas Water Trust), during which time the water right or
				portion of the water right deposited is exempt from cancellation by the
				commission under the terms of Texas Water Code, Chapter 11, subchapter E, as
				provided by Texas Water Code, §
									15.704.
				The water right or that portion of the water right deposited is exempt from
				cancellation under this subsection only once, even if it has been transferred
				or redeposited. The water right or that portion of the water right which is on
				deposit remains on deposit until it is withdrawn.
(b) The administrator may accept deposits of
				water rights, including conserved water, into the bank. The administrator,
				acting within the purposes of the Texas Water Code, Chapter 15, Subchapter K,
				may also take any appropriate action to facilitate water transactions both
				within and external to the operations of the water bank.
(c) The water right or that portion of a
				water right that has been transferred while on deposit in the bank is exempt
				from cancellation by the commission under the terms of the Texas Water Code,
				Chapter 11, Subchapter E, for a period of 10 years following commission
				approval of any necessary actions relating to the transfer of that water
				right.
(d) The depositor must
				notify the administrator within 30 calendar days of the date a contract to
				transfer a water right or portion thereof is signed.
(1) For transfers requiring regulatory
				approval, transfers are not complete until all necessary regulatory approvals
				are obtained. The depositor must notify the administrator in writing within 30
				calendar days of the date of receipt of final regulatory approvals. The date of
				final regulatory approvals is the effective date of transfer.
(2) For transfers not requiring regulatory
				approval, transfers are not complete until the terms and conditions of the
				contract have been fulfilled. In these cases, the depositor must notify the
				administrator in writing within 30 calendar days of the contract closure. The
				date the contract is closed is the effective date of transfer.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.9 - Registry of Buyers

Current through Reg. 49, No. 28; July 12, 2024
Persons who are potential buyers of water rights or the right
				  to use water may request to be listed by the administrator in a registry at the
				  bank. The request for registry listing shall be in a form or format provided by
				  the administrator, and shall include all information the administrator deems
				  necessary to prepare the registry of buyers.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.10 - Registry of Sellers

Current through Reg. 49, No. 28; July 12, 2024
Persons who wish to disclose the availability of a water
				  right or the right to use water or portion thereof for transfer, but do not
				  wish to deposit the right in the bank, may request to be listed by the
				  administrator in a registry at the bank. The request shall be in the format of
				  a request for deposit and shall include all information the administrator deems
				  necessary to prepare the registry of sellers. Any person who has listed a water
				  right or the right to use water for sale in the registry shall notify the
				  administrator within 30 calendar days of the date a contract to transfer a
				  water right or the right to use water or portion thereof is
				  signed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.11 - Information

Current through Reg. 49, No. 28; July 12, 2024
In response to requests, the administrator shall provide
				  information available from the bank, unless such information is required to be
				  withheld under the Texas Open Records Act. The bank may act as a clearinghouse
				  for water marketing information, including water availability, pricing of water
				  transactions, environmental considerations, and potential buyers and sellers of
				  water rights. The administrator may provide technical assistance as possible,
				  to potential depositors, depositors, or potential buyers, concerning water
				  conservation and may prepare and publish a manual on structuring water
				  transactions.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.12 - Negotiation of Terms

Current through Reg. 49, No. 28; July 12, 2024
At the request of both the prospective buyer and depositor,
				  the administrator may assist in the negotiation of terms associated with a
				  proposed transfer.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.13 - Regional Banks

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				establish regional water banks, as necessary, to fulfill the requirements of
				the Texas Water Code, Chapter 15, Subchapter K. The board, by contract or
				agreement, may designate state agencies, political subdivisions, or other
				entities or persons it may deem appropriate to act as regional banks. Regional
				banks shall utilize the same procedures and meet the same requirements that are
				specified by this chapter, unless otherwise specifically authorized by the
				board. Regional banks shall report all activities to the administrator in a
				manner and frequency specified by the administrator. Fees specified in §
									359.14 of this
				title (relating to Fees) shall be collected by the regional bank, in accordance
				with the contract or agreement executed with the board. In evaluating the
				designation of and necessity for regional banks, the board may consider the
				regional bank's proposed rules and procedures for the following:
(1) determining the method of allocation
				among competing buyers to lease or purchase water rights;
(2) determining the method of allocation
				among the depositors for reimbursement; determining the fees and their
				allotment under the Texas Water Code, §
										15.705;
(3) method of notification of the board,
				commission, and department of regional bank activities; and
(4) such other factors as are deemed
				appropriate by the board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.14 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive administrator shall develop
				and implement, with board approval, a fee to be paid either upon deposit of a
				water right or right to use water into the bank, upon transfer of the water
				right or right to use water or portion thereof while on deposit in the bank, or
				upon both such occurrences. Such fee shall not exceed 1.0% of the value placed
				upon the water right or right to use water by the depositor upon deposit into
				the bank, and 1.0% of the value of the water right or right to use water
				transferred while on deposit in the water bank. Fees shall be due within 60
				days of deposit of the water right or right to use water into the bank, and
				within 60 days of transfer of such rights. The value of the water right or
				right to use water shall be calculated upon deposit into the bank as the value
				placed on the water right or right to use water by the depositor. The value of
				the water right or right to use water shall be calculated upon transfer as the
				value of the water right sale or total value of any contract or contracts to
				use the water.
(b) Fees associated
				with deposits to or transfer from the Texas Water Trust of water rights or
				rights to use water are waived.
(c)
				As necessary, the executive administrator shall obtain board approval of the
				fee schedule. The executive administrator shall provide notice in the
Texas Register
30 days before board action considering
				approval of such fee schedule, and shall provide copies of the proposed fee
				schedule upon request. In approving such fee schedule, the board shall consider
				the expenses of operating the bank.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 359 - WATER BANKING › Section 359.15 - Texas Water Trust

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Water
				Trust is established within the water bank to hold water rights dedicated to
				environmental needs, including instream flows, water quality, fish and wildlife
				habitat, or bay and estuary inflows.
(b) No water right shall be placed into the
				Texas Water Trust without the review and approval of the commission after
				appropriate consultation with the department and board.
(c) A water right shall be held in trust
				under this section for the term specified by the commission in its approval
				under subsection (b) of this section or, if the commission does not specify a
				term, for the term agreed upon between the administrator and the
				depositor.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 360 - DESIGNATION OF RIVER AND COASTAL BASINS › Section 360.1 - Scope of Chapter

Current through Reg. 49, No. 28; July 12, 2024
This chapter serves as the board's designation of river
				  basins and coastal basins pursuant to the requirement of the Texas Water Code,
				  §
									16.051(c).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 360 - DESIGNATION OF RIVER AND COASTAL BASINS › Section 360.2 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates otherwise.
				  Words defined in Texas Water Code, Chapter 16 and not defined here have the
				  meanings provided in Chapter 16. Quad map--Official 1 to 24,000 foot maps
				  produced by the United States Geological Survey on which river basin and
				  coastal basin boundaries are delineated.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter A - GENERAL INFORMATION › Section 361.11 - Designations and Governance of Flood Planning Regions

Current through Reg. 49, No. 28; July 12, 2024
(a) Once initially
				  designated, the Board may review and update the boundary designations of FPRs,
				  as necessary, on its own initiative or upon recommendation of the EA.
(b) If upon FPR boundary designation review
				  the Board determines that revisions to the boundaries are necessary, the Board
				  shall designate areas for which RFPs shall be developed, taking into
				  consideration factors such as:
(1) river basin
				  and sub-watershed delineations;
(2)
				  hydraulic features of river basins;
(3) coastal basins and features;
(4) existing FPRs;
(5) development patterns;
(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 361 - REGIONAL FLOOD PLANNING › Subchapter A - GENERAL INFORMATION › Section 361.12 - General Regional Flood Planning Group Responsibilities and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  activities are required of each RFPG every planning cycle:
(1) Designate a political subdivision as a
				  Planning Group Sponsor of the RFPG eligible to apply for financial assistance
				  to be used by the RFPG for planning activities. The Planning Group Sponsor will
				  prepare and submit funding applications on behalf of the RFPG pursuant to
				  Chapter 361, Subchapter F of this title (related to Regional Flood Planning
				  Grants). The RFPG may, at its discretion, designate a different Planning Group
				  Sponsor at any time. The Planning Group Sponsor will be responsible for the
				  following:
(A) General management of the
				  contract between the Planning Group Sponsor and the TWDB;
(B) The general management of the contract
				  between the Planning Group Sponsor and the consultant(s); and
(C) In accordance with the RFPG's bylaws and
				  notice provisions, the preparation of a scope(s) of work for regional flood
				  planning grant funding that identifies responsible parties for task execution,
				  including a task schedule, task and expense budgets, and describes interim
				  draft reports or deliverables, and final reports for the planning
				  process.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter A - GENERAL INFORMATION › Section 361.13 - Regional Flood Planning Group Deliverables

Current through Reg. 49, No. 28; July 12, 2024
(a) Each RFPG is
				  expected to consider a wide variety of available, relevant, best available
				  information and tools when developing the regional flood plan.
(b) Each RFPG shall deliver a draft and
				  final, adopted RFP in accordance with EA guidance. The RFPs must include the
				  following:
(1) written report content
				  including various presentations of data, tables, charts, maps, and written
				  summaries of certain results related to §§
											361.30-
				  361.45 of this title (relating to
				  Regional Flood Plan Requirements) in accordance with EA guidance and the TWDB
				  grant contract;
(2) standardized
				  tables that include lists of all recommended FMEs, FMPs, and FMSs and certain
				  key information associated with each FMP, in accordance with guidance and
				  template provided by the EA. This table will be the basis for prioritizing
				  recommended FMPs in the state flood plan;
(3) Geographic Information System (GIS)
				  database deliverables and other information in accordance with the contract and
				  guidance provided by and in a manner determined by the EA;
(4) associated data organized in a format and
				  manner determined by the EA; and
(5) documentation of the public process in
				  the plan development, including public comments received and responses to
				  public comments on the draft RFP.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter B - GUIDANCE PRINCIPLES, NOTICE REQUIREMENTS, AND GENERAL CONSIDERATIONS › Section 361.20 - Guidance Principles for State and Regional Flood Planning

Current through Reg. 49, No. 28; July 12, 2024
(a) Development of RFPs and the State Flood
				  Plan shall be guided by the principles stated in § 362.3 of this title
				  (relating to Guidance Principles).
(b) Each RFPG shall include a statement in
				  their draft and final regional flood plans related to the RFPG's conformance
				  with §362.3. The statement must include an explanation of how the RFP
				  satisfies the requirements of each of the guidance principles including that
				  the plan will not negatively affect a neighboring area.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter B - GUIDANCE PRINCIPLES, NOTICE REQUIREMENTS, AND GENERAL CONSIDERATIONS › Section 361.21 - General Notice Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Each RFPG and
				  any committee, subcommittee, or subgroup of an RFPG are subject to Chapters
				  551 and
				  552, Government
				  Code.
(b) Each RFPG shall create
				  and maintain a website that they will use to post public notices of all its
				  full RFPG, subgroup, and subcommittee meetings and make available meeting
				  agendas and related meeting materials for the public, in accordance with the
				  items listed below in subsection (h)(1) - (3) of this section.
(c) Each RFPG shall provide a means by which
				  it will accept written public comments prior to and after meetings. The RFPGs
				  must also allow oral public comments during RFPG meetings.
(d) Confidential materials that fall under
				  protection in accordance with the Homeland Security Act, may not be made
				  available to the general public.
(e) Each RFPG shall solicit interested
				  parties from the public and maintain a list of emails of persons or entities
				  who request to be notified electronically of RFPG activities.
(f) At a minimum, notices of all meetings,
				  meeting materials, and meeting agendas shall be sent electronically, in
				  accordance with the timelines provided in subsection (h)(1) - (3) of this
				  section to all voting and non-voting RFPG members; and any person or entity who
				  has requested notice of RFPG activities.
(g) At a minimum, all notices must be posted
				  to the RFPG website and in the
Texas Register
on the Secretary
				  of State website and must include:
(1) the
				  date, time, and location of the meeting;
(2) a summary of the proposed action(s) to be
				  taken;
(3) the name, telephone
				  number, email address, and physical address of a contact person to whom
				  questions or requests for additional information may be submitted;
				  and
(4) a statement of how and when
				  comments will be received from the members and public.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.30 - Description of the Flood Planning Region

Current through Reg. 49, No. 28; July 12, 2024
Regional flood plans shall include brief, general
					 descriptions of the following:
(1)
				  social and economic character of the region such as information on development,
				  population, and economic activity;
(2) the areas in the FPR that are flood-prone
				  and the types of major flood risks to life and property in the
				  region;
(3) key historical flood
				  events within the region including associated fatalities and loss of property,
				  when the information is available;
(4) key political subdivisions with
				  flood-related regulatory authority or political subdivisions that perform flood
				  planning, floodplain management, or flood mitigation activities;
(5) the general extent of local regulation
				  and development codes relevant to existing and future flood risk;
(6) agricultural and natural resources most
				  impacted by flooding; and
(7)
				  existing local and regional flood plans within the FPR.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.31 - Description of the Existing Natural Flood Mitigation Features and Constructed Major Flood Infrastructure in the Region

Current through Reg. 49, No. 28; July 12, 2024
(a) Regional flood
				  plans shall include a general description of the location, condition, adequacy,
				  and functionality of major flood related infrastructure within the FPR
				  including, but not limited to:
(1) natural
				  features, including:
(A) rivers and
				  tributaries;
(B)
				  wetlands;
(C) playa
				  lakes;
(D) parks and preserves;
				  and
(E) natural coastal
				  features.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.32 - Description of the Major Infrastructure and Flood Mitigation Projects Currently Under Development

Current through Reg. 49, No. 28; July 12, 2024
Regional flood plans shall include a general description of
					 the location, source of funding, and anticipated benefits of proposed or
					 ongoing flood mitigation projects in the FPR including:
(1) new structural flood mitigation projects
				  currently under construction;
(2)
				  non-structural flood mitigation projects currently being implemented;
				  and
(3) structural and
				  non-structural flood mitigation projects with dedicated funding to construct
				  and, when available, the expected year of completion.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.33 - Existing Condition Flood Risk Analyses in the Region

Current through Reg. 49, No. 28; July 12, 2024
(a) The RFPGs shall
				  perform existing condition flood risk analyses for the region comprised of:
(1) flood hazard analyses that determines
				  location, magnitude, and frequency of flooding;
(2) flood exposure analyses to identify who
				  and what might be harmed within the region; and
(3) vulnerability analyses to identify
				  vulnerabilities of communities and critical facilities.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.34 - Future Condition Flood Risk Analyses in the Region

Current through Reg. 49, No. 28; July 12, 2024
(a) RFPGs shall
				  perform potential future condition flood risk analyses for the region comprised
				  of:
(1) flood hazard analyses that determines
				  location, magnitude and frequency of flooding;
(2) flood exposure analyses to identify who
				  and what might be harmed within the region; and
(3) vulnerability analyses to identify
				  vulnerabilities of communities and critical facilities.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.35 - Evaluation of Previous and Current Floodplain Management and Recommendations for Changes to Floodplain Management

Current through Reg. 49, No. 28; July 12, 2024
(a) Recognizing the
				  extent that previous and current practices may have increased flood risks,
				  including residual risks, and considering broad floodplain management and land
				  use approaches that will avoid increasing flood risks, and avoid negatively
				  affecting neighboring areas, the RFPG shall:
(1) consider the extent to which a lack of,
				  insufficient, or ineffective current floodplain management and land use
				  practices, regulations, policies, and trends related to land use, economic
				  development, and population growth, allow, cause, or otherwise encourage
				  increases to flood risks to both:
(A) existing
				  population and property, and
(B)
				  future population and property.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.36 - Flood Mitigation Need Analysis

Current through Reg. 49, No. 28; July 12, 2024
(a) Based on the
				  analyses developed by the RFPG under §§
										361.33-
				  361.35 of this title and any
				  additional analyses or information developed using available screening-level
				  models or methods, the RFPG shall identify locations within the FPR that the
				  RFPG considers to have the greatest flood mitigation and flood risk study needs
				  by considering:
(1) the areas in the FPR that
				  the RFPG identified as the most prone to flooding that threatens life and
				  property;
(2) the relative
				  locations, extent, and performance of current floodplain management and land
				  use policies and infrastructure located within the FPR, particularly within the
				  locations described in paragraph (1) of this subsection;
(3) areas identified by the RFPG as prone to
				  flooding that don't have adequate inundation maps;
(4) areas identified by the RFPG as prone to
				  flooding that don't have hydrologic and hydraulic models;
(5) areas with an emergency need;
(6) existing modeling analyses and flood risk
				  mitigation plans within the FPR;
(7) flood mitigation projects already
				  identified and evaluated by other flood mitigation plans and studies;
(8) documentation of historic flooding
				  events;
(9) flood mitigation
				  projects already being implemented; and
(10) any other factors that the RFPG deems
				  relevant to identifying the geographic locations where potential FMEs and
				  potentially feasible FMPs and FMSs shall be identified and evaluated under
				  §
											361.38 of this title (relating to
				  Identification and Assessment of Potential Flood Management Evaluations and
				  Potentially Feasible Flood Management Strategies and Flood Mitigation
				  Projects).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.37 - Flood Mitigation and Floodplain Management Goals

Current through Reg. 49, No. 28; July 12, 2024
Considering the Guidance Principles under §
										362.3 of this title (related to
					 Guidance Principles), the existing condition flood risk analyses performed
					 under §
										361.33 of this title (relating to
					 Existing Condition Flood Risk Analyses in the Region), future condition flood
					 risk analyses identified under §
										361.34 of this title (relating to
					 Future Condition Flood Risk Analyses in the Region), the consideration of
					 current floodplain management and land use approaches under §
										361.35 of this title (relating to
					 Evaluation of Previous and Current Floodplain Management Approaches and
					 Recommendations for Changes to Floodplain Management), and needs identified
					 under 361.35 of this title (relating to Flood Mitigation Need Analysis), input
					 from the public, and other relevant information and considerations, RFPGs
					 shall:
(1) Identify specific and
				  achievable flood mitigation and floodplain management goals along with target
				  years by which to meet those goals for the FPR to include, at a minimum, goals
				  specifically addressing risks to life and property.
(2) Recognize and clearly state the levels of
				  residual risk that will remain in the FPR even after the stated flood
				  mitigation goals in paragraph (1) of this section are fully met.
(3) Structure and present the goals and the
				  residual risks in an easily understandable format for the public including in
				  conformance with guidance to be provided by the EA.
(4) Use these goals to guide the RFPG in
				  carrying out the tasks required under §§
										361.37-
				  361.39 of this title.
(5) When appropriate, choose goals that apply
				  to full single HUC8 watershed boundaries or coterminous groups of HUC8
				  boundaries within the FPR.
(6)
				  Identify both short-term goals (10 years) and long-term goals (30
				  years).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.38 - Identification and Assessment of Potential Flood Management Evaluations and Potentially Feasible Flood Management Strategies and Flood Mitigation Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Based on
				  analyses and decisions under §§
										361.33-
				  361.37 of this title the RFPG
				  shall identify and evaluate potential FMEs and potentially feasible FMPs and
				  FMSs, including nature-based solutions, some of which may have already been
				  identified by previous evaluations and analyses by others. An FME may
				  eventually result in detailed hydrologic and hydraulic analyses and
				  identification of projects or strategies that could be amended into an RFP as
				  FMPs or FMSs.
(b) When evaluating
				  FMPs and FMSs, the RFPG will, at a minimum, attempt to identify one solution
				  that provides flood mitigation associated a with 1% annual chance flood event.
				  In instances where mitigating for 1% annual chance events is not feasible, the
				  RFPG shall document the reasons for its infeasibility, and at the discretion of
				  the RFPG, other FMPs and FMSs to mitigate more frequent events may also be
				  identified and evaluated based on guidance provided by the EA.
(c) A summary of the RFPG process for
				  identifying potential FMEs and potentially feasible FMPs and FMSs in subsection
				  (a) of this section shall be established and included in the draft and final
				  adopted RFP.
(d) The RFPG shall
				  then identify potentially feasible FMPs and FMSs in accordance with the RFPG
				  process established under subsection (c) of this section.
(e) For areas within the FPR that the RFPG
				  does not yet have sufficient information or resources to identify potentially
				  feasible FMPs and FMSs, the RFPG shall identify areas for potential FMEs that
				  may eventually result in FMPs.
(f)
				  The RFPG shall evaluate potentially feasible FMPs and FMSs understanding that,
				  upon evaluation and further inspection, some FMPs or FMSs initially identified
				  as potentially feasible may, after further inspection, be reclassified as
				  infeasible.
(g) Recommended FMPs
				  will be ranked in the state flood plan and:
(1) shall represent discrete
				  projects;
(2) shall not entail an
				  entire capital program or drainage masterplan; and
(3) may rely on other flood-related
				  projects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.39 - Recommended Flood Management Evaluations, Flood Mitigation Projects, and Flood Management Strategies

Current through Reg. 49, No. 28; July 12, 2024
(a) RFPGs shall
				  recommend FMPs and FMSs to reduce the potential impacts of flood based on the
				  evaluations under §
										361.38 of this title (related to
				  Identification and Assessment of Potential Flood Management Evaluations and
				  Potentially Feasible Flood Management Strategies and Projects) and RFPG goals
				  and that must, at a minimum, mitigate for flood events associated with a 1%
				  annual chance (100-yr flood), where feasible. In instances where mitigating for
				  100-year events are not feasible, FMPs and FMSs to mitigate more frequent
				  events may be recommended based on guidance to be provided by the EA.
				  Recommendations shall be based upon the identification, analysis, and
				  comparison of alternatives that the RFPG determines will provide measurable
				  reductions in flood impacts in support of the RFPG's specific flood mitigation
				  and/or floodplain management goals.
(b) RFPGs shall provide additional
				  information in conformance with guidance provided by the EA which may be used
				  to rank recommended FMEs, FMPs, and FMSs with non-recurring, non-capital costs
				  in the state flood plan.
(c) RFPGs
				  shall provide the benefit-cost ratio for recommended FMPs in accordance with
				  guidance provided by the EA.
(d)
				  RFPGs shall recommend FMEs that the RFPG determines are most likely to result
				  in identification of potentially feasible FMPs and FMSs that would, at a
				  minimum, identify and investigate one solution to mitigate for flood events
				  associated with a 1% annual chance flood event and that support specific RFPG
				  flood mitigation and/or floodplain management goals.
(e) Recommended FMSs or FMPs may not
				  negatively affect a neighboring area or an entity's water supply.
(f) Recommended FMSs or FMPs that will
				  contribute to water supply may not result in an overallocation of a water
				  source based on the water availability allocations in the most recently adopted
				  State Water Plan.
(g) Specific
				  types of FMEs, FMPs, or FMSs that should be included and that should not be
				  included in RFPs must be in accordance with guidance provided by the
				  EA.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.40 - Impacts of Regional Flood Plan

Current through Reg. 49, No. 28; July 12, 2024
Regional flood plans shall include:
(1) a region-wide summary of the relative
				  reduction in flood risk that implementation of the RFP would achieve with
				  regard to life, injuries, property, and other factors such as environment and
				  agriculture;
(2) a statement that
				  the FMPs in the plan, when implemented, will not negatively affect neighboring
				  areas located within or outside of the FPR;
(3) a statement that the plan adequately
				  provides for the preservation of life and property and the development of water
				  supply sources, where applicable;
(4) a general description of the types of
				  potential positive and negative socioeconomic or recreational impacts of the
				  recommended FMPs and FMSs within the FPR;
(5) a general description of the overall
				  impacts of the recommended FMPs and FMSs in the RFP on the environment,
				  agriculture, recreational resources, water quality, erosion, sedimentation, and
				  navigation; and
(6) a summary
				  describing how RFPG recommendations in the RFP meet the needs identified during
				  the needs analysis task as well as adopted goals.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.41 - Contributions to and Impacts on Water Supply Development and the State Water Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Regional flood
				  plans shall include a region-wide summary and description of the contribution
				  that the regional flood plan would have to water supply development including a
				  list of the specific flood management strategies and/or flood mitigation
				  projects that would contribute to water supply; and
(b) a description of any anticipated impacts,
				  including to water supply or water availability or projects in the State Water
				  Plan, that the regional flood plan FMSs and FMPs may have.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 361 - REGIONAL FLOOD PLANNING › Subchapter C - REGIONAL FLOOD PLAN REQUIREMENTS › Section 361.42 - Flood Response Information and Activities

Current through Reg. 49, No. 28; July 12, 2024
RFPGs are to summarize the nature and types of flood
					 response preparations within the FPR including providing where more detailed
					 information is available regarding recovery. RFPGs shall not perform analyses
					 or other activities related to planning for disaster response or recovery
					 activities.