reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter P - ACQUISITION OF ROAD POWERS BY A MUNICIPAL UTILITY DISTRICT › Section 293.201 - Acquisition of Road Powers by a Municipal Utility District

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas Water Code (TWC), §54.234,
				  authorizes a municipal utility district, or any petitioner seeking the creation
				  of a municipal utility district, to petition the commission to acquire road
				  powers.
(b) This section and §
										293.202
				  of this title (relating to Application Requirements for Commission Approval)
				  provide the requirements for petitioning the commission for road
				  powers.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter P - ACQUISITION OF ROAD POWERS BY A MUNICIPAL UTILITY DISTRICT › Section 293.202 - Application Requirements for Commission Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) A conservation and reclamation district,
				  operating under Texas Water Code (TWC), Chapter 54, may submit to the executive
				  director of the commission an application for road powers, which shall include
				  the following documents:
(1) a petition that
				  will include a detailed narrative statement of the reasons for requesting road
				  powers and the reasons why such powers will be of benefit to the district and
				  to the land that is included in the district, signed by an authorized member of
				  the board of directors of the district;
(2) a certified copy of the resolution of the
				  governing board of the district authorizing the district to petition the
				  commission for road powers;
(3) a
				  certification that the district is operating under TWC, Chapter 54, with proper
				  statutory references;
(4) evidence
				  that the municipality in whose corporate limits or extraterritorial
				  jurisdiction that any part of the district is located has consented to the
				  creation of the district with road powers or has consented to the district
				  having road powers subsequent to creation, or that the provisions of TWC,
				  §54.016, have been followed;
(5) a certified copy of the latest audit of
				  the district performed under TWC, §§49.191 - 49.194;
(6) for districts that have not submitted an
				  annual audit, a financial statement of the district, including a detailed
				  itemization of all assets and liabilities showing all balances in effect not
				  later than 30 days before the date that the district submits its request for
				  approval with the executive director;
(7) a preliminary layout showing the proposed
				  location for all road facilities to be constructed, acquired, or improved by
				  the district;
(8) a cost analysis
				  and detailed cost estimate of the proposed road facilities to be designed,
				  acquired, constructed, operated, maintained, or improved by the district with a
				  statement of the amount of bonds estimated to be necessary to finance the
				  proposed design, acquisition, construction, operation, maintenance, and
				  improvement;
(9) a narrative
				  statement that will analyze the effect of the proposed facilities upon the
				  district's financial condition and will demonstrate that the proposed
				  construction, acquisition, and improvement is financially and economically
				  feasible for the district;
(10) any
				  other information that may be required by the executive director; and
(11) a filing fee in the amount of
				  $100.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter Q - SPECIAL ACTIONS RELATING TO THE HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT › Section 293.361 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
(1) Board--Board
				  of directors of the Harris-Galveston Coastal Subsidence District.
(2) Monitoring--Water samples taken and
				  analyzed, continuous water quality measurements, and/or physical measurements
				  of water flow and pressure in certain water collection and distribution lines
				  as deemed appropriate by the executive director to determine the groundwater
				  and surface water percentages of alternative water supply.
(3) Permit year--A 365-day period of time
				  during which a person is authorized by the Harris-Galveston Coastal Subsidence
				  District to use groundwater.
(4)
				  Samples--Water samples taken to determine groundwater and surface water
				  percentages in the alternative water supply.
(5) Water chemist--A person or persons with
				  expertise in water chemistry designated by the executive director to be the
				  principal investigator.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter Q - SPECIAL ACTIONS RELATING TO THE HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT › Section 293.362 - Request To Monitor Delivered Water

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Upon the submittal of a written request pursuant to Water Code, § 151.129,
				  to the executive director by a person ordered by the board to completely or
				  partially discontinue the use of groundwater, the executive director shall
				  monitor the water delivered to the person from the alternative water supply as
				  defined in Water Code, § 151.129(f) to determine the percentage of that
				  water supply that is surface water and the percentage that is groundwater. The
				  request for monitoring must be submitted, together with the following
				  information, to the executive director no later than six months prior to the
				  end of the permit year immediately following the board's order. The submittal
				  of an administratively complete request will entitle the person to monitoring
				  not during that permit year, but during the first succeeding permit year,
				  subject to the provisions of subsection (b) of this section. For purposes of
				  Water Code, § 151.129, a person shall be deemed to have been ordered to
				  completely or partially discontinue the use of groundwater the board issues a
				  permit that results in the person's use of surface water as an alternative
				  water supply. For purposes of Water Code, §
										151.129, the request for
				  monitoring shall be deemed made as of the first day of the permit year
				  following the timely receipt by the executive director of an administratively
				  complete request subject, however, to the provisions of subsection (b) of this
				  section. The following information shall be provided to the executive director
				  with the request for monitoring:
(1) a layout
				  of the existing facilities and distribution lines owned by the person,
				  including without limitation, designation of all points of connection to any
				  alternative water supply;
(2)
				  engineering specifications for facilities and lines described in paragraph (1)
				  of this subsection;
(3) results of
				  previous investigations regarding percentages of groundwater and surface water
				  supplied to the person making the request;
(4) if the person is a political subdivision
				  of the state, a copy of the resolution adopted by the governing body
				  authorizing the request;
(5) a
				  certified copy of the permit for the year covered by the board's
				  order;
(6) if the person is a
				  corporation, a resolution adopted by its board of directors authorizing the
				  request; and
(7) any additional
				  information deemed relevant to the monitoring request and requested by the
				  executive director.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter Q - SPECIAL ACTIONS RELATING TO THE HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT › Section 293.363 - Action on the Request To Monitor Delivered Water

Current through Reg. 49, No. 28; July 12, 2024
After an appropriate review of an administratively complete
					 application, the executive director shall:
(1) designate a principal staff
				  investigator;
(2) determine the
				  method of investigation and monitoring consistent with good engineering
				  practices and Water Code § 151.129, and which will fairly determine and
				  reflect the annual groundwater and surface water percentage of the alternative
				  water supply;
(3) determine
				  requirements for field equipment;
(4) determine the type, frequency, and number
				  of necessary physical and chemical analyses, procedures with regard to
				  collecting water samples, and location of monitoring and/or sampling
				  stations;
(5) determine the fee
				  necessary to compensate the commission for the requested study on the basis of
				  one-half to the water purchaser and one-half to the water seller; and
(6) notify the board of the determinations
				  made pursuant to paragraphs (1)-(5) of this section at a point prior to the
				  commencement of the actual monitoring sufficient to give the board an
				  opportunity to comment on the determinations prior to monitoring.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter Q - SPECIAL ACTIONS RELATING TO THE HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT › Section 293.364 - Analysis and Report

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall prepare and issue not later
					 than the 15th day after the last day of the permit year an annual certified
					 report (written analysis) based on the investigation and monitoring, which will
					 state the annual average percentages of surface water and groundwater provided
					 to the purchaser by the seller of the alternative water supply for that permit
					 year. The executive director's annual certified report shall be determinative
					 and controlling for purposes of determining the percentages of surface water
					 and groundwater in the alternative water supply pursuant to Water Code, §
					 151.129.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 293 - WATER DISTRICTS › Subchapter Q - SPECIAL ACTIONS RELATING TO THE HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT › Section 293.365 - Appeal of Final Decision of Board

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A person who is granted a permit authorizing withdrawal of groundwater in an
				  amount less than that requested by the person may appeal the final decision of
				  the board to the commission by filing a request for commission review of the
				  board's final decision with the executive director within 60 days after the
				  final order of the board.
(b) If
				  the person appealing the final decision of the board to the commission has
				  requested written findings and conclusions from the board, such findings and
				  conclusions shall be submitted to the executive director either with the
				  request for commission review if the findings and conclusions are then
				  available or as soon thereafter as they become available.
(c) The executive director may request
				  additional information from the appellant, the board, or both concerning the
				  final decision of the board. A request for commission review is
				  administratively complete when all of the information requested, including the
				  information requested in subsection (b) of this section, has been submitted. A
				  complete application shall be delivered to the chief clerk for the setting of a
				  hearing on the appeal.
(d) The
				  review on appeal by the commission under this section is governed by the
				  substantial evidence rule as defined in the Administrative Procedure Act,
				  Government Code, §
										2001.174.
				  The final decision of the commission may adopt, modify or reject the findings
				  and conclusions of the board. If the commission rejects the findings and
				  conclusions of the board, it shall adopt its own findings of fact and
				  conclusions of law. The commission shall issue a final ruling on the appeal no
				  later than 60 days from the date the hearing on the appeal is closed.
(e) The hearing on the appeal shall be
				  conducted, to the extent applicable given the limited scope of review under the
				  substantial evidence rule, in accordance with the procedural rules of the
				  commission; provided, however, that such hearing shall not be conducted as a
				  contested case, and the foregoing procedural rules shall apply only to the
				  extent that they do not exceed the scope of the commission's review under the
				  substantial evidence rule. Nothing herein shall be interpreted to give the
				  person a right to a trial de novo or to introduce evidence other than the
				  record of the proceedings before the Board.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 294 - PRIORITY GROUNDWATER MANAGEMENT AREAS › Subchapter D - PRIORITY GROUNDWATER MANAGEMENT AREAS › Section 294.30 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose
				  of this subchapter is to set out the boundaries of priority groundwater
				  management areas (PGMAs) designated and delineated prior to September 1, 1997
				  under the Texas Water Code (TWC).
(b) PGMAs designated after September 1, 1997
				  are delineated by commission order under TWC, Chapter 35, using the process
				  contained in Subchapter E of this chapter (relating to Designation of Priority
				  Groundwater Management Areas).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 294 - PRIORITY GROUNDWATER MANAGEMENT AREAS › Subchapter D - PRIORITY GROUNDWATER MANAGEMENT AREAS › Section 294.31 - Designation of Briscoe, Hale and Swisher County Priority Groundwater Management Area

Current through Reg. 49, No. 28; July 12, 2024
(a) Areas of
				  Briscoe, Hale and Swisher County, as described in this section, are designated
				  as a Priority Groundwater Management Area.
(b) The Briscoe, Hale and Swisher County
				  Priority Groundwater Management Area is composed of portions of Briscoe and
				  Hale Counties and all of Swisher County. The portion of Briscoe County below
				  the Caprock Escarpment and the portion of Hale County within the High Plains
				  Underground Water Conservation District Number 1 are excluded from the Priority
				  Groundwater Management Area. All remaining areas in Hale and Briscoe counties
				  are included within the Priority Groundwater Management Area.
(c) A General Description of Boundaries of
				  the Briscoe, Hale and Swisher County Priority Groundwater Management Area is as
				  follows:
(1) beginning at northwest corner of
				  Swisher County, the northern boundary extends to the east and is coterminous
				  with the Swisher-Randall and Swisher-Armstrong County line; and
(2) the boundary continues eastward along the
				  Briscoe-Armstrong County line to the junction with the eastern boundary of
				  Subdivision Number 1 of the Underground Water Reservoir, High Plains Area,
				  Ogallala Formation, South of the Canadian River, in Briscoe County, as
				  delineated by the Texas Board of Water Engineers in 1950; and
(3) the boundary continues southerly along
				  this boundary in Briscoe County to the southern Briscoe County line;
				  then
(4) west along Briscoe-Floyd
				  and Swisher-Floyd County lines; then
(5) south along the Hale-Floyd County line to
				  the intersection with the boundary of the High Plains Underground Water
				  Conservation District Number 1; then
(6) generally west for approximately twelve
				  miles; then
(7) south along the
				  High Plains Underground Water Conservation District boundary in Hale County
				  line; then
(8) west along the
				  Hale-Lubbock County line to the intersection of the Hale and Lamb County lines;
				  then
(9) north along the Hale-Lamb
				  County line to the intersection of the Hale and Castro County lines;
				  then
(10) east for approximately
				  six miles along the Hale-Castro County line; then
(11) north along the eastern boundary between
				  Hale and Castro Counties to the northwest corner of Swisher County.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 294 - PRIORITY GROUNDWATER MANAGEMENT AREAS › Subchapter D - PRIORITY GROUNDWATER MANAGEMENT AREAS › Section 294.32 - Designation of Dallam County Priority Groundwater Management Area

Current through Reg. 49, No. 28; July 12, 2024
(a) An area of
				  Dallam County, as described in this section, is designated as a Priority
				  Groundwater Management Area.
(b)
				  The Dallam County Priority Groundwater Management Area is composed of Dallam
				  County except for the area within the Dallam County Underground Water
				  Conservation District Number 1, which is excluded from the Priority Groundwater
				  Management Area.
(c) A General
				  Description of Boundaries of Dallam County Priority Groundwater Management Area
				  is as follows:
(1) starting at the
				  northeastern corner of Dallam County, the eastern boundary is coterminous with
				  the Dallam County - Sherman County Line; then
(2) the boundary continues west along the
				  Dallam-Hartley County Line to the border between Texas and New Mexico;
				  then
(3) north along the western
				  Dallam County - New Mexico state line to the northwest corner of Dallam County;
				  then
(4) the boundary turns
				  eastward along the Dallam County-Oklahoma state line to the junction with the
				  boundary of the Dallam County Underground Water Conservation District Number 1;
				  then
(5) the boundary follows the
				  district boundary until it again intersects with the Dallam County-Oklahoma
				  State line; then
(6) the boundary
				  continues east to the northeast corner of Dallam County.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 294 - PRIORITY GROUNDWATER MANAGEMENT AREAS › Subchapter D - PRIORITY GROUNDWATER MANAGEMENT AREAS › Section 294.35 - Designation of Reagan, Upton, and Midland County Priority Groundwater Management Area

Current through Reg. 49, No. 28; July 12, 2024
(a) Portions of
				  southeastern Midland County, northeastern Upton County and northern Reagan
				  County are designated as a Priority Groundwater Management Area.
(b) A General Description of Boundaries of
				  the Reagan, Upton and Midland County l Priority Groundwater Management Area is
				  as follows:
(1) beginning at the northwest
				  corner of Reagan County, which is also the point where Glasscock, Reagan, Upton
				  and Midland Counties meet; then
(2)
				  east along the county line to the Sterling County line; then
(3) south along the line Reagan-Sterling
				  County line to the Section 1, S-46675, Block A, T.&P RR Survey;
				  then
(4) west along Section 41,
				  S-37369 of said Blocks; then
(5) to
				  Section 3, S-46677 of said Block and Survey; then
(6) west to the eastern line of Block F,
				  Longview & Sabine Valley Ry County; then
(7) south southeast along said Block to the
				  lower line of Section 21, S-46695, Black A, T&P RRC Surveys; then
(8) west southwest to the northwest corner of
				  Section 11, S-37120, G.C.&S.F. Ry County Survey; then
(9) south along the eastern line of Sections
				  12 and 13 of said Survey continuing to the northern line of Block 58 of
				  University Land; then
(10) west and
				  south along the eastern line of Section 29 of said Block and Survey continuing
				  along Section 3, Block 10 of said Survey; then
(11) to the Reagan-Upton County line;
				  then
(12) west to the western line
				  of Block 58 of said Survey; then
(13) west along the northern line of Sections
				  1 and 2, Block G, G.C. & S.F. Ry County Survey continuing along Sections 8,
				  12, and 13, Block A to Section 1, Block 3 1/2, M.K. & T. RR County;
				  then
(14) north along the eastern
				  edge of Section 6, Block 1, J.E. Hamilton Survey to the south line of Block Y
				  G.C. & S.F. Ry County Survey; then
(15) north northwest along the eastern side
				  of Sections 81, 76, and 65, Block Y; then
(16) west southwest to the corner of the
				  Section; then
(17) north northwest
				  between Blocks E and D and Blocks 42 and 41 continuing to the Upton-Midland
				  County line; then
(18) continuing
				  north northwest to the northwest corner of Section 6, #88353, Block 41, Texas
				  and Pac RY County; then
(19) east
				  northeast to the Midland-Glassrock County line; then south along the county
				  line to the starting point.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 294 - PRIORITY GROUNDWATER MANAGEMENT AREAS › Subchapter E - DESIGNATION OF PRIORITY GROUNDWATER MANAGEMENT AREAS › Section 294.39 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide the procedures
					 for the designation of priority groundwater management areas, including
					 recommendations for the creation of groundwater conservation
					 districts.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 294 - PRIORITY GROUNDWATER MANAGEMENT AREAS › Subchapter E - DESIGNATION OF PRIORITY GROUNDWATER MANAGEMENT AREAS › Section 294.40 - 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) Affected person--A
				  landowner, water well owner, or other user of groundwater in the proposed
				  priority groundwater management area (PGMA), a groundwater conservation
				  district adjacent to the proposed PGMA, a regional water planning group with a
				  water management strategy in the proposed PGMA, or a person who has groundwater
				  rights in the proposed PGMA.
(2)
				  Executive administrator--The executive administrator of the Texas Water
				  Development Board.
(3) Priority
				  groundwater management area (PGMA)--An area designated and delineated by the
				  commission that is experiencing or is expected to experience, within the
				  immediately following 50-year period, critical groundwater problems including
				  shortages of surface water or groundwater, land subsidence resulting from
				  groundwater withdrawal, or contamination of groundwater supplies.
(4) Texas Water Development Board (TWDB)--The
				  agency responsible for water planning and administration of financial programs
				  for the planning, design, and construction of water supply, wastewater
				  treatment, flood control, and agricultural water conservation
				  projects.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 294 - PRIORITY GROUNDWATER MANAGEMENT AREAS › Subchapter E - DESIGNATION OF PRIORITY GROUNDWATER MANAGEMENT AREAS › Section 294.41 - Priority Groundwater Management Area Identification, Study, and Executive Director's Report Concerning Designation

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall confer
				  periodically with the executive administrator according to Texas Water Code
				  (TWC), §35.007 to identify areas of the state that may be experiencing or
				  expected to experience critical groundwater problems within the immediately
				  following 50-year period.
(b) If
				  the executive director concludes that an area of the state should be evaluated
				  to determine if it justifies designation as a priority groundwater management
				  area (PGMA), the executive director shall prepare a report and recommendations
				  for consideration by the commission.
(c) The executive director shall provide
				  written notice to groups identified under paragraphs (1) and (2) of this
				  subsection that an area is to be evaluated to determine if it warrants
				  designation as a PGMA according to TWC, §35.007(c). This notice will
				  provide the opportunity for water stakeholders and others identified in
				  paragraph (2) of this subsection to comment or provide studies or other
				  information for use in the executive director's evaluation.
(1) The notice shall be provided to water
				  stakeholders who are the governing body of each county, regional water planning
				  group, adjacent groundwater conservation district (GCD), municipality, river
				  authority, water district, or other entity that supplies public drinking water,
				  including each holder of a certificate of convenience and necessity issued by
				  the commission, and each irrigation district, located either in whole or in
				  part in the proposed PGMA study area.
(2) The notice shall also be provided to the
				  Texas Department of Agriculture (TDA), the Texas AgriLife Extension Service,
				  and to the legislators whose districts are included in the proposed PGMA study
				  area.
(3) Not later than the 45th
				  day after the date of the notice, a person who receives notice under paragraph
				  (1) of this subsection may submit to the executive director any existing
				  information, local water supply or quality studies, or site-specific geological
				  information that addresses the shortages of surface water or groundwater, land
				  subsidence resulting from groundwater withdrawal, or contamination of
				  groundwater supplies.
(4) The
				  executive director shall consider this information in preparing the report and
				  recommendations for the commission.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 294 - PRIORITY GROUNDWATER MANAGEMENT AREAS › Subchapter E - DESIGNATION OF PRIORITY GROUNDWATER MANAGEMENT AREAS › Section 294.42 - Commission Action Concerning PGMA Designation

Current through Reg. 49, No. 28; July 12, 2024
(a) If the executive director concludes in
				  the report that the area studied is not a priority groundwater management area
				  (PGMA), no further action by the executive director or the commission is
				  necessary. However, any person may file a motion to overturn under §
										50.139
				  of this title (relating to Motion to Overturn Executive Director's
				  Decision).
(b) If the executive
				  director recommends that the area be designated a PGMA or added to an existing
				  PGMA, or if the commission overturns the executive director's conclusion in
				  subsection (a) of this section, the commission shall consider the executive
				  director's PGMA report and recommendations developed under §
										294.41
				  of this title (relating to Priority Groundwater Management Area Identification,
				  Study, and Executive Director's Report Concerning Designation) using the
				  following procedures.
(1) The commission
				  shall hold an evidentiary hearing. On behalf of the commission, the executive
				  director may refer the evidentiary hearing directly to the State Office of
				  Administrative Hearings (SOAH). At the evidentiary hearing, the commission or
				  the administrative law judge shall consider:
(A whether the proposed PGMA should be designated or added
					 to an existing PGMA;
(B) whether one
				  or more groundwater conservation districts (GCDs) should be created within all
				  or part of the proposed PGMA, whether all or part of the land in the PGMA
				  should be added to an existing GCD, or whether a combination of these actions
				  should be taken; and
(C) the
				  feasibility and practicability of each GCD recommendation. To determine the
				  feasibility and practicability of each GCD recommendation, the commission or
				  the administrative law judge shall consider:
(i) whether the recommended GCD can
				  effectively manage groundwater resources under the authorities provided in
				  Texas Water Code (TWC), Chapter 36;
(ii) whether the boundaries of the
				  recommended GCD provide for the effective management of groundwater resources;
				  and
(iii) whether the recommended
				  GCD can be adequately funded to finance required or authorized groundwater
				  management planning, regulatory, and district-operation functions under TWC,
				  Chapter 36.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 294 - PRIORITY GROUNDWATER MANAGEMENT AREAS › Subchapter E - DESIGNATION OF PRIORITY GROUNDWATER MANAGEMENT AREAS › Section 294.43 - Actions Required After PGMA Designation

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission shall provide copies of a
				  priority groundwater management area (PGMA) designation order under §
										294.42
				  of this title (relating to Commission Action Concerning PGMA Designation) to
				  the commissioners court of any county that is affected by the designation of
				  the PGMA, the Texas AgriLife Extension Service (TAES), and any existing
				  groundwater conservation districts (GCDs) that are adjacent to the
				  PGMA.
(b) The executive director
				  shall request an educational outreach program under this subsection after the
				  commission designates a PGMA under §
										294.42
				  of this title.
(1) The executive director
				  shall notify the TAES of the PGMA designation and assist in educational
				  programming developed by the TAES under Texas Water Code (TWC),
				  §35.012(c).
(2) The executive
				  director shall notify the commissioners court of each county of the court's
				  educational programming responsibilities in the PGMA under TWC,
				  §35.012(c).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 294 - PRIORITY GROUNDWATER MANAGEMENT AREAS › Subchapter E - DESIGNATION OF PRIORITY GROUNDWATER MANAGEMENT AREAS › Section 294.44 - Adding a PGMA to an Existing Groundwater Conservation District

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director shall give notice to the board of directors of the existing
				  groundwater conservation district (GCD), if the commission issues an order
				  under §
										294.42
				  of this title (relating to Commission Action Concerning PGMA Designation), or
				  under §
										293.19
				  of this title (relating to Creation of a Groundwater Conservation District in a
				  Priority Groundwater Management Area) recommending that a priority groundwater
				  management area (PGMA) or a portion of a PGMA be added to an existing GCD. The
				  executive director shall provide a copy of the order to the board of directors
				  of the existing GCD to which the commission is recommending the PGMA be added
				  and to any other existing GCDs adjacent to the PGMA.
(b) Within 120 days after receipt of the
				  notice provided under subsection (a) of this section, the board of directors of
				  the existing GCD shall advise the commission of the outcome of the board of
				  directors vote to add the PGMA or a portion of the PGMA under Texas Water Code
				  (TWC), §35.013.
(c) If the
				  board of directors of the GCD votes not to pursue addition of the PGMA as
				  recommended by the commission, the commission shall either:
(1) within one year create one or more GCDs
				  according to TWC, § 36.0151 and §
											293.19
				  of this title; or
(2) recommend the
				  area be added to another existing GCD as provided by this section.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.1 - Use of Forms

Current through Reg. 49, No. 28; July 12, 2024
The executive director will furnish, without charge,
						forms and instructions for preparing an application. The use of such forms is
						not mandatory, but the information required by such forms must be provided in
						any event. Supplements may be attached if there is not sufficient space on the
						printed form. If supplements are used, the data and information entered thereon
						shall be separated into paragraphs numbered to correspond with those on the
						printed form. A supplement explaining the project and planned operation may be
						attached to an application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.2 - Preparation of Application

Current through Reg. 49, No. 28; July 12, 2024
(a) All
					 applications shall be typewritten or printed legibly in ink. Illegible
					 applications will be returned to the applicant. Applicants will be notified if
					 additional information is needed to process an application, under §
											281.4
					 of this title (relating to Applications for Use of State Water). The applicant
					 should confer with the staff of the executive director on any questions
					 concerning preparation of the application, especially if the application is
					 unusual or unique. Upon express written or verbal approval of the applicant or
					 the applicant's agent, any employee of the commission may make nonsubstantive
					 changes in any documents submitted by the applicant. Substantive changes in an
					 application may be made only by the applicant or the applicant's agent who
					 submitted the application and only in the form of a written, notarized
					 amendment to the application signed by the proper person; provided, however,
					 that no substantive changes may be made after an application has been filed
					 with the chief clerk of the commission by the executive director.
(b) All applicants shall submit one original
					 and six copies of the application and supporting materials. In addition to the
					 original notarized application form, if approved by the executive director, an
					 applicant may submit electronic versions of required application
					 documents.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.3 - Name and Address

Current through Reg. 49, No. 28; July 12, 2024
For each applicant, the full name, post office address,
						telephone number, and social security or federal identification number shall be
						given. If the applicant is a partnership, it shall be designated by the firm
						name followed by the words "a partnership.' If the applicant is acting as
						trustee for another, it shall be designated by the trustee's name followed by
						the word "trustee.' If one other than the named applicant executes the
						application, the name, position, post office address, and telephone number of
						the person executing the application shall be given.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.4 - Source of Supply

Current through Reg. 49, No. 28; July 12, 2024
The applicant shall clearly state the name of the source
						from which the diversion or use of water is proposed. Source refers not to the
						origin of the water, but to the stream, spring, or body of water from which the
						proposed diversion will be made. If the source has no name, it may be
						designated as an unnamed watercourse or an unnamed spring. If the source is a
						tributary, the next stream into which it flows and the river basin wherein it
						lies shall be given.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.5 - Amount and Purpose of Diversion and Use

Current through Reg. 49, No. 28; July 12, 2024
The total amount of water to be used shall be stated in
						definite terms, i.e., a definite number of acre-feet annually or, in the case
						of a seasonal, emergency, or temporary water right application, over the period
						for which application is made. The purpose or purposes of each use shall be
						stated in definite terms. If the water is to be used for more than one purpose,
						the specific amount to be used annually for each purpose shall be clearly set
						forth. If the application requests authorization to use water for multiple
						purposes, the application shall expressly state an annual amount of water to be
						used for the multiple purposes as well as for each purpose of use. If the
						amount to be consumptively used is less than the amount to be diverted, both
						the amount to be diverted and the amount to be consumptively used shall be
						specified.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.6 - Rate and Method of Diversion

Current through Reg. 49, No. 28; July 12, 2024
If the applicant proposes to divert from a stream or
						reservoir, the maximum rate of diversion in gallons per minute or cubic feet
						per second shall be stated. The method to be used shall be described as
						portable pump, stationary pump, or gravity flow.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.7 - Location of Diversion Point, Reservoir, and Dam

Current through Reg. 49, No. 28; July 12, 2024
The application shall state the location of point(s) of
						diversion and, if applicable, the location of dam(s) or off-channel storage
						reservoir(s). These locations shall also be shown on the application maps with
						reference to a corner of an original land survey and/or other survey point of
						record, giving both course and distance. The distance and direction from the
						nearest county seat or town shall also be stated.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.8 - Return and Surplus Water

Current through Reg. 49, No. 28; July 12, 2024
The application shall describe the location at which
						return water or surplus water will be returned to the stream. If practicable,
						this must also be shown on the application map. In addition, the application
						shall state with as much accuracy as possible the quantity of return flow
						expressed in acre-feet per annum.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.10 - Proposed Installation or Reservoir

Current through Reg. 49, No. 28; July 12, 2024
If the applicant does not have the power of condemnation
						and proposes to inundate or to place any installation upon the land of another,
						the name(s) and address(es) of such landowner(s) shall be given. A copy of a
						duly acknowledged written easement, consent, or license from the landowner(s)
						or of a written lease or other evidence of agreement between the landowner(s)
						and the applicant shall be filed with the application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.11 - Multiple Ownership of Existing Reservoir

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided herein, if an existing
						reservoir inundates land owned by more than one person, an application for a
						permit to authorize the dam and reservoir and to use state water impounded in
						the reservoir shall be joined by all of the landowners. A copy of any operating
						agreement affecting the reservoir or the distribution of water therefrom shall
						be submitted with the application. If there is incomplete joinder, the
						applicant shall submit the name and address of any landowner who does not join
						the application, and shall file a copy of an easement or a consent, license,
						lease, or other type of agreement from the landowner(s), as provided in §
											295.10
						of this title (relating to Proposed Installation or
						Reservoir).
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.12 - Storage in Another's Reservoir

Current through Reg. 49, No. 28; July 12, 2024
In an application for a permit to appropriate state water
						for storage in another's lawful reservoir and/or to divert and use water
						therefrom, a copy of a duly acknowledged document evidencing the consent of the
						reservoir owner shall be submitted. If the reservoir is a project of the Soil
						Conservation Service, U. S. Department of Agriculture, a copy of a duly
						acknowledged document evidencing consent from the Soil and Water Conservation
						District and any others having jurisdiction over the reservoir shall be
						provided.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.14 - Signature of Applicant

Current through Reg. 49, No. 28; July 12, 2024
The application shall be signed as follows.
(1) If the applicant is an individual, the
					 application shall be signed by the applicant or the applicant's duly appointed
					 agent. An agent shall provide written evidence of his or her authority to
					 represent the applicant. If the applicant is an individual doing business under
					 an assumed name, the applicant shall attach to the application an assumed name
					 certificate from the county clerk of the county in which the principal place of
					 business is located.
(2) A joint
					 application shall be signed by each applicant or each applicant's duly
					 authorized agent, with written evidence of such agency to be submitted with the
					 application. If land is owned by both husband and wife, each shall sign the
					 application. Joint applicants shall select one among them to act for and
					 represent the others in pursuing the application with the commission, with
					 written evidence of such representation to be submitted with the
					 application.
(3) If the application
					 is by a partnership, the application shall be signed by one of the general
					 partners. If the applicant is a partnership doing business under an assumed
					 name, it shall attach to the application an assumed name certificate from the
					 county clerk of the county in which the principal place of business is
					 located.
(4) If the applicant is an
					 estate or guardianship, the application shall be signed by the duly appointed
					 guardian or representative of the estate, and a current copy of the letters
					 issued by the court shall be attached to the application.
(5) If the applicant is a corporation, public
					 district, county, municipality, or other corporate entity, the application
					 shall be signed by a duly authorized official. Written evidence in the form of
					 bylaws, charters, or resolutions which specify the authority of the official to
					 take such action shall be submitted. A corporation may file a corporate
					 affidavit as evidence of the official's authority to sign.
(6) If the applicant is acting as trustee for
					 another, the applicant shall sign as trustee, and in the application shall
					 disclose the nature of the trust agreement and give the name and current
					 address of each trust beneficiary.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.15 - Sworn Application Required

Current through Reg. 49, No. 28; July 12, 2024
Each applicant shall subscribe and swear to the
						application before any person entitled to administer oaths, who shall also sign
						his or her name and affix his or her seal of office to the
						application.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.16 - Consistency With State And Regional Water Plans

Current through Reg. 49, No. 28; July 12, 2024
An application shall contain information describing how
						it addresses a water supply need in a manner that is consistent with the state
						water plan or the applicable approved regional water plan for any area in which
						the proposed appropriation is located or, in the alternative, describe
						conditions that warrant a waiver of this requirement.
Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 295 - WATER RIGHTS, PROCEDURAL › Subchapter A - REQUIREMENTS OF WATER RIGHTS APPLICATIONS GENERAL PROVISIONS › Division 1 - GENERAL REQUIREMENTS › Section 295.17 - Water-in-Transit in the Rio Grande

Current through Reg. 49, No. 28; July 12, 2024
This chapter only applies to applications for
						water-in-transit in the Rio Grande to the extent that the rules for
						water-in-transit applications in the Rio Grande in Chapter 303 of this title
						(relating to Operation of the Rio Grande) do not govern or do not expressly
						conflict with this chapter. The applicable rules for water-in-transit in the
						Rio Grande are in Chapter 303 of this title.