reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter A - GENERAL RESEARCH AND PLANNING › Section 355.10 - Funding Limitations

Current through Reg. 49, No. 28; July 12, 2024
(a) Grants for
				  regional facility planning and flood control planning shall be limited to 50%
				  of the total cost of the project, except that the board may supply up to 75% of
				  the total cost to political subdivisions which have unemployment rates
				  exceeding the state average by 50% or more, and which have per capita income
				  which is 65% or less of the state average for the last reporting period
				  available.
(b) In-kind services may
				  be substituted for any part of the local share, if such services are directly
				  in support of the planning effort, are properly documented, and approved in
				  advance by the board.
(c) Up to
				  100% of the cost of research projects may be provided by the board.
(d) Funds will be released only as
				  reimbursement of costs actually incurred for approved activities.
(e) Grants in excess of 75% for regional
				  facility planning or flood control planning will be provided if authorized by
				  specific legislation or legislative appropriation language.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter A - GENERAL RESEARCH AND PLANNING › Section 355.11 - Availability of Reports and Planning Documents

Current through Reg. 49, No. 28; July 12, 2024
All reports, planning documents and any other work products
					 resulting from projects receiving board funding assistance must be made
					 available to state agencies and political subdivisions as required by the
					 executive administrator or as agreed to by the contracting
					 parties.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter B - ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING › Section 355.70 - 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. Words defined in the Texas Water Code, Chapter 15, 16 or
					 17, and not defined here shall have the meaning provided by the appropriate
					 chapter.
(1) Affected county--Means a
				  county that has an economically distressed area which has a median household
				  income that is not greater than 75 percent of the median state household
				  income.
(2) Economically distressed
				  area--An area within an affected county in which:
(A) water supply or sewer services are
				  inadequate to meet minimal water supply or wastewater needs of residential
				  users as defined by the minimum state standards adopted by board
				  rules;
(B) financial resources are
				  inadequate to provide water supply or sewer services that will satisfy those
				  needs; and
(C) an established
				  residential subdivision was located on June 1, 2005, as determined by the
				  board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter B - ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING › Section 355.71 - Purpose and Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) Availability.
				  The board will make funds available through the research and planning fund or
				  development fund to political subdivisions in affected counties for up to 100%
				  of the cost of facility planning for water and wastewater facilities to serve
				  economically distressed areas. The determination of the amount of grant made
				  available by the board shall be made under the following criteria:
(1) If an applicant has unrestricted cash
				  reserves in an amount that is more than one and one-half times than the
				  preceding year's average monthly operation and maintenance expenses, the board
				  may fund 75% of the cost of the facility planning, with the applicant providing
				  at least 50% of the remaining cost of the facility planning in the form of
				  cash;
(2) Upon written request of
				  an applicant for a greater grant percentage and if the applicant has
				  unrestricted cash reserves of less than one and one-half times but equal to or
				  greater than one times the preceding year's average monthly operation and
				  maintenance expenses, the board may fund 87.5% of the cost of the facility
				  planning, with the applicant providing for the remaining portion of the
				  facility planning by providing in-kind services or any combination of cash and
				  in-kind services;
(3) Upon written
				  request of an applicant for a greater grant percentage and if the applicant has
				  unrestricted cash reserves of less than one times the preceding year's average
				  monthly operation and maintenance expenses, the board may fund 87.5% of the
				  cost of the facility planning, with the applicant providing for the remaining
				  portion of the facility planning by providing in-kind services; provided
				  however, upon certification by the applicant that the applicant does not have
				  the staff or that the applicant's staff lacks sufficient expertise to perform
				  any in-kind contribution, the board may provide 100% of the cost of the
				  facility planning; or
(4) Funds
				  made available to the board pursuant to an agreement which specifies terms and
				  conditions under which the board may distribute such funds shall be provided to
				  eligible applicants based on the availability of the funds and pursuant to the
				  criteria and in the manner set forth in such funding agreements. Any such
				  agreements shall be available upon request.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter B - ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING › Section 355.72 - Criteria for Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Political
				  subdivisions must meet the appropriate requirements of this section before the
				  board may consider an application for financial assistance for facility
				  planning.
(1) A county within which the
				  political subdivision applying for assistance is wholly or partially located
				  must have adopted the model subdivision rules required by the Texas Water Code,
				  §
											16.343.
				  Copies of the model subdivision rules are available upon request from the Texas
				  Water Development Board, Office of General Counsel, P.O. Box 13231, Austin,
				  Texas 78711 or the board's web site
				  http://www.twdb.state.tx.us/publications/rules/rules.asp.
(2) A municipality which applies for
				  financial assistance or within which a political subdivision applying for
				  assistance is wholly or partially located must have adopted the model
				  subdivision rules required by the Texas Water Code, §
											16.343,
				  if the economically distressed area to be served is partially or wholly located
				  within the incorporated limits of the municipality.
(3) A political subdivision applying for
				  facility planning assistance must provide a citation to the specific legal
				  authority in the Texas Constitution and statutes pursuant to which the
				  applicant is authorized to provide the service for which the applicant is
				  receiving financial assistance as well as citation to the laws under which the
				  political subdivision was created and is operating.
(4) A political subdivision shall have
				  submitted for review:
(A) an annual audit for
				  the most recent fiscal year of the political subdivision and financial
				  statements for the three previous complete months;
(B) the most recent order or resolution
				  establishing the rates and charges for the utility service for which the
				  planning will be performed;
(C) the
				  current capital improvement plan for the utility service for which the planning
				  will be performed;
(D) an executed
				  contract with the consulting engineer to prepare the facility plan and
				  sufficient documentation to establish that the political subdivision complied
				  with §
												355.77
				  of this title in procuring the services of the consulting engineer.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter B - ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING › Section 355.73 - Scope of Facility Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility
				  plan shall incorporate appropriate data from applicable existing planning
				  reports and shall consist of:
(1) an analysis
				  and explanation of the problems and needs within the economically distressed
				  area and the total project area including:
(A) existing and projected
				  population;
(B) existing water and
				  wastewater facilities;
(C) existing
				  and projected water supply and water demand;
(D) wastewater characterization;
(E) infiltration inflow analysis, if
				  applicable;
(F) ability of the
				  dwellings to utilize future water and wastewater facilities;
(G) adjusted median household income is
				  calculated as the annual median household income identified in the most recent
				  U.S. Census from the closest applicable census tract multiplied by the current
				  Texas Consumer Price Index divided by the most recent decennial Texas Consumer
				  Price Index; and
(H) if the
				  applicant demonstrates to the satisfaction of the executive administrator that
				  census data for the particular area is inadequate or unavailable to calculate
				  the adjusted median household income, the adjusted median income may also be
				  calculated using data from a survey approved by the executive administrator of
				  a statistically acceptable sampling of customers in the service area completed
				  within the last 12 months;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter B - ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING › Section 355.74 - Submission of Applications

Current through Reg. 49, No. 28; July 12, 2024
An application shall be submitted for the facility plan
					 tasks. An application will be in the form and in numbers prescribed by the
					 executive administrator. The executive administrator may request any additional
					 information needed to evaluate the application, and may return any incomplete
					 applications.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter B - ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING › Section 355.75 - Application Approval and Termination

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If an application is approved, the board may authorize the executive
				  administrator to enter into a contract with the applicant on behalf of the
				  board. The contract shall include: scope of work; schedule of work; budget; any
				  other terms or conditions required by the executive administrator.
(b) An approved applicant may subcontract any
				  or all of the scope of work. The board will not be party to any subcontract,
				  and the political subdivision will be solely responsible for monitoring,
				  administering, and requiring subcontractor compliance with the terms of the
				  board's contract with the political subdivision.
(c) Applicants, contractors, and
				  subcontractors shall maintain financial accounts, documents, and records that
				  are acceptable to the board. All records shall be made available for
				  examination and audit by the staff of the board and the state. Accounting by
				  applicants, contractors, and subcontractors shall be in a manner consistent
				  with generally accepted accounting procedures. All records will be retained for
				  a minimum period of three years, and records shall be retained beyond the three
				  years if litigation, a claim, or an audit is in process or if audit findings
				  are not resolved. The three-year period will begin upon final payment of the
				  funds retained by the board.
(d)
				  Capital equipment shall not be purchased with facility planning
				  assistance.
(e) If the board
				  determines that planning activities undertaken by an applicant under this
				  subchapter have been inadequate or not completed in a timely manner, the board
				  may terminate the contract and on behalf of and in consultation with the
				  applicant may perform or contract for facility engineering in the economically
				  distressed area.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter B - ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING › Section 355.76 - Reports and Documents

Current through Reg. 49, No. 28; July 12, 2024
All reports, planning documents, plans and specifications,
					 and any other work products resulting from facility planning assistance must be
					 provided to the board and will be deemed public information. The applicant and
					 subcontractors shall be available for presentations of results as required by
					 the board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter B - ECONOMICALLY DISTRESSED AREAS FACILITY ENGINEERING › Section 355.77 - Procurement of Facility Planning Services

Current through Reg. 49, No. 28; July 12, 2024
Professional engineering services necessary for preparing a
					 facility plan for economically distressed areas shall be procured according to
					 the Texas Government Code, Chapter 2254 (Professional Services Procurement
					 Act), other applicable state and local laws, and the requirements of this
					 section. The service provider shall be selected pursuant to written procedures,
					 subject to review by the executive administrator, that assure the selection
					 process is open to all qualified providers and that each step of the selection
					 process is sufficiently documented.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter C - REGIONAL WATER PLANNING GRANTS › Section 355.91 - Notice of Funds and Submission and Review of Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) The EA will notify the RWPGs that funds
				  are available and that applications will be accepted from eligible applicants
				  for grants to develop a scope of work or to develop or revise regional water
				  plans. The notice will describe the form and manner for applications. A RWPG
				  may not receive grant funds unless the RWPG has provided the EA with a copy of
				  the RWPG's adopted by-laws.
(b) The
				  RWPG shall provide a written designation to the EA naming the political
				  subdivision that is authorized to apply for grant funds on behalf of the RWPG.
				  The RWPG shall ensure that the designated political subdivision has the legal
				  authority to conduct the procurement of professional services and enter into
				  the contracts necessary for regional water planning.
(c) The political subdivision shall provide
				  notice that an application for funding is being submitted in accordance with
				  §
										357.21
				  of this title (relating to Notice and Public Participation).
(d) The application must include: the name of
				  the political subdivision; citation to the laws under which the political
				  subdivision was created and is operating, specific citation of all laws
				  providing authority to develop and implement a regional water plan; the amount
				  of funding requested; and any other relevant information requested by the
				  EA.
(e) The EA may request
				  clarification from the political subdivision if necessary to evaluate the
				  application. Incomplete applications may be rejected and returned to the
				  applicant.
(f) The applications
				  shall be evaluated by the following criteria:
(1) degree to which proposed planning does
				  not duplicate previous or ongoing water planning;
(2) project budget;
(3) scope of work ;
(4) the relative need of the political
				  subdivision for the money based on the scope of work and cost to develop the
				  regional water plan ;
(5) the legal
				  authority of the political subdivision to participate in the development and
				  implementation of a regional water plan; and
(6) the degree to which regional water
				  planning by the RWPG will address the water supply needs in the regional water
				  planning area.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter C - REGIONAL WATER PLANNING GRANTS › Section 355.92 - Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Limitations of
				  Funding. The Board has sole discretion in determining which activities are
				  necessary for the development or revision of regional water plans. However, no
				  funds will be provided for the following:
(1)
				  activities for which the Board determines existing information or data is
				  sufficient for the planning effort including:
(A) detailed evaluations of cost of water
				  management strategies where recent information for planning is available to
				  evaluate the cost associated with the strategy;
(B) evaluations of groundwater resources for
				  which a desired future condition has been submitted to the Board pursuant to
				  Texas Water Code §
												36.108(d)
				  (relating to Joint Planning in a Management Area);
(C) evaluations of groundwater resources for
				  which current information is available from the Board or other entity
				  sufficient for evaluation of the resource;
(D) determination of water savings resulting
				  from standard conservation practices for which current information is available
				  from the Board;
(E) revision of the
				  adopted state population and demand projections;
(F) revision of state environmental planning
				  criteria for new surface water supply projects; and
(G) collection of data describing groundwater
				  or surface water resources where information for evaluation of the resource is
				  currently available;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter C - REGIONAL WATER PLANNING GRANTS › Section 355.93 - Board Consideration of Applications; Applicant's Responsibilities; and Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) The EA shall
				  provide a summary of regional water planning funding applications with
				  recommendations for approval to the Board for consideration at a regularly
				  scheduled public meeting of the Board. The EA shall notify the applicants of
				  the time and place of such meeting.
(b) Board Review. The Board may approve,
				  deny, amend, or continue consideration of an application. If the Board approves
				  the application for funding, then the RWPG's political subdivision will be
				  notified of the amount of funds available and the deadline for executing a
				  contract with the Board. If the applicant does not enter into a contract by the
				  specified deadline, then the Board's approval expires and no funds will be
				  provided. The political subdivision may request an extension of time for good
				  cause shown prior to the contract execution deadline.
(c) Eligible Applicant's Responsibility. The
				  RWPG's political subdivision must demonstrate the availability of matching
				  funds when applicable. However, the Board may in its discretion award up to
				  100% of the necessary and direct costs of the development or revision of a
				  regional water plan.
(d) The
				  contracts and subcontracts for regional planning funds shall include:
(1) a detailed statement of the purpose for
				  which the money is to be used;
(2)
				  a scope of work provided by the EA or a scope of work developed by the RWPG if
				  requested by the EA;
(3) the total
				  amount of money to be paid from the research and planning fund under the
				  contract and, as determined by the EA, subdivided into task budgets;
(4) the time for completion; and
(5) any other terms and conditions required
				  by the EA or agreed to by the contracting parties.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter D - ENVIRONMENTAL FLOWS GRANTS › Section 355.110 - Scope, Applicability and Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter governs the board's
				  disbursement of funds for research and planning grants relating to
				  environmental flows. Texas Water Code §
										15.403 authorizes the board
				  to adopt rules for Texas Water Code Chapter 15 relating to the Texas Water
				  Assistance Program for research and planning and §15.4063 authorizes the
				  board to provide funds relating to activities for studying environmental
				  flows.
(b) This subchapter applies
				  to the board's use of funds for financial support for the environmental flows
				  science advisory committee pursuant to Texas Water Code §
										15.4063(a)(1),
				  the basin and bay expert science teams pursuant to Texas Water Code §
										15.4063(a)(3),
				  for contracts with political subdivisions designated as representatives of the
				  basin and bay stakeholder committees pursuant to Texas Water Code §
										15.4063(a)(4)
				  and for contracts with federal or state agencies, universities and private
				  persons for the provision of technical assistance to the environmental flows
				  science advisory committee pursuant to Texas Water Code §
										15.4063(a)(2).
(c) The words used in this subchapter are
				  defined in Subchapter C of this chapter unless otherwise defined herein.
(1) Environmental flows advisory group means
				  the group established pursuant to Texas Water Code §
											11.0236.
(2) Environmental flows science advisory
				  committee means the committee established pursuant to Texas Water Code §
											11.02361.
(3) Basin and bay stakeholder committee means
				  the committee appointed by the environmental flows science advisory committee
				  pursuant to Texas Water Code §
											11.02362(c).
(4) Basin and bay expert science teams means
				  the teams established under Texas Water Code §
											11.02362.
(5) Eligible applicants means members of the
				  environmental flows science advisory committee, members of the basin and bay
				  expert science teams, including political subdivisions designated as
				  representatives of basin and bay area stakeholders committees pursuant to Texas
				  Water Code §
											11.02362,
				  and cooperating state and federal agencies, universities and private persons
				  who provide technical assistance for the works of the environmental flows
				  committees and teams.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter D - ENVIRONMENTAL FLOWS GRANTS › Section 355.111 - Notice of Eligibility and Applications for Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive administrator shall publish
				  notice, as appropriate, to advise eligible applicants of the availability of
				  funds under this subchapter.
(b)
				  The executive administrator shall provide application forms to interested
				  eligible applicants and may request any additional information required after a
				  review of the application.
(c)
				  Incomplete applications may be rejected by the executive
				  administrator.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter D - ENVIRONMENTAL FLOWS GRANTS › Section 355.112 - Prioritization of Funding

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications
				  for funding shall be prioritized as follows:
(1) compensation for attendance and
				  participation at meetings and for transportation, meals, lodging or other
				  travel expenses associated with attendance at the meetings for:
(A) members of the environmental flows
				  science advisory committee; and
(B)
				  members of basin and bay expert science teams;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter D - ENVIRONMENTAL FLOWS GRANTS › Section 355.113 - Review of Applications for Funding by Environmental Flows Advisory Group

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for funding under this
				  subchapter shall submit his application for funding to the environmental flows
				  advisory group for review, comment and a recommendation for funding.
(b) The executive administrator shall
				  evaluate the applications based on the reviews, comments and recommendations
				  received from the group.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter D - ENVIRONMENTAL FLOWS GRANTS › Section 355.114 - Contents of Applications for Funding

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applications received under §
										355.112(a)(1)
				  of this title shall provide the following information:
(1) name, address, mailing address, telephone
				  number of the applicant;
(2) the
				  name of the committee or team of which the person is a member;
(3) legible copies of receipts for all
				  expenditures for which reimbursement is requested; and
(4) certification that all expenditures were
				  incurred pursuant to the course and scope of the person's membership on the
				  committee or team.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter D - ENVIRONMENTAL FLOWS GRANTS › Section 355.115 - Board Actions, Funding and Resulting Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may approve, disapprove, amend,
				  provide a greater or lesser amount of funds than recommended, request further
				  information or continue consideration of any application for funding under this
				  subchapter. The board shall determine the amount of funds.
(b) The board, upon approval of an
				  application, shall authorize the executive administrator to negotiate with and
				  enter into a contract with the eligible applicant. Such contract shall include:
(1) all terms and conditions required by
				  state or federal law;
(2) the
				  application;
(3) the amount of
				  funds provided by the board; and
(4) any other terms and conditions agreed to
				  by the board and the eligible applicant that are in accordance with state
				  law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter B - DESIGNATION OF GROUNDWATER MANAGEMENT AREAS › Section 356.20 - Scope of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
This subchapter describes the agency's delineation of
					 groundwater management areas pursuant to the requirements of Texas Water Code
					 §
										35.004.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter B - DESIGNATION OF GROUNDWATER MANAGEMENT AREAS › Section 356.21 - Designation of Groundwater Management Areas

Current through Reg. 49, No. 28; July 12, 2024
The boundaries of the groundwater management areas are
					 delineated using a geographic information system maintained and updated by the
					 executive administrator. The digital files and a graphic representation of the
					 groundwater management area boundaries are available on the agency's web site
					 at
http://www.twdb.texas.gov
.
					 The graphic representation includes groundwater management area boundaries
					 superimposed on a map that includes Texas county lines and may be used for
					 creating graphic representations of the groundwater management area boundaries
					 and other associated geographic features. These files are controlling in the
					 event of a conflict with any graphic representation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter B - DESIGNATION OF GROUNDWATER MANAGEMENT AREAS › Section 356.22 - Request to Amend Groundwater Management Area Boundaries

Current through Reg. 49, No. 28; July 12, 2024
(a) A request to amend the boundaries of a
				  groundwater management area must be addressed to the executive administrator
				  and must contain the following:
(1) a
				  resolution supporting the change signed by each of the district representatives
				  in each affected groundwater management area;
(2) a demonstration that the geographic and
				  hydrogeologic conditions require the proposed boundary change or an explanation
				  that the change involves only an administrative correction; and
(3) a copy of the notice and minutes of the
				  public meeting held by the districts in each affected groundwater management
				  area at which the districts approved the resolution in paragraph (1) of this
				  subsection.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter C - SUBMISSION OF DESIRED FUTURE CONDITIONS › Section 356.30 - Scope of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
This subchapter identifies the agency's requirements and
					 process for submitting desired future conditions under the requirement of Texas
					 Water Code §
										36.108.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter C - SUBMISSION OF DESIRED FUTURE CONDITIONS › Section 356.31 - Submission Date

Current through Reg. 49, No. 28; July 12, 2024
(a) The desired
				  future conditions must be approved by a resolution adopted by the districts in
				  a groundwater management area not later than January 5, 2022, in accordance
				  with Texas Water Code §
										36.108.
				  Subsequent desired future conditions must be proposed and finally adopted by
				  the district representatives before the end of each successive five-year period
				  after that date.
(b) The districts
				  in a groundwater management area may, as part of the process for adopting and
				  submitting desired future conditions, propose classification of a portion or
				  portions of a relevant aquifer as non-relevant if the districts determine that
				  aquifer characteristics, groundwater demands, and current groundwater uses do
				  not warrant adoption of a desired future condition. In such a case no desired
				  future condition is required. The districts must submit the following
				  documentation to the agency related to the portion of the relevant aquifer
				  proposed to be classified as non-relevant:
(1)
				  A description, location, and/or map of the aquifer or portion of the
				  aquifer;
(2) A summary of aquifer
				  characteristics, groundwater demands, and current groundwater uses, including
				  the total estimated recoverable storage as provided by the executive
				  administrator, that support the conclusion that desired future conditions in
				  adjacent or hydraulically connected relevant aquifer(s) will not be affected;
				  and
(3) An explanation of why the
				  aquifer or portion of the aquifer is non-relevant for joint planning
				  purposes.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter C - SUBMISSION OF DESIRED FUTURE CONDITIONS › Section 356.32 - Submission Package

Current through Reg. 49, No. 28; July 12, 2024
Districts must provide the following to the executive
					 administrator no later than 60 days following the date on which the districts
					 in the groundwater management area collectively adopted the desired future
					 condition(s):
(1) a copy of the
				  explanatory report addressing the information required by Texas Water Code
				  §
										36.108(d-3)
				  and the criteria in Texas Water Code §
										36.108(d);
(2) a copy of the resolution of the
				  groundwater management area adopting the desired future conditions as required
				  by Texas Water Code §
										36.108(d-3);
(3) a copy of the notice that was posted for
				  the joint planning meeting at which the districts collectively adopted the
				  desired future condition(s) as required by Texas Water Code §
										36.108(e)
				  and §
										36.108(e-2);
(4) the name of a designated representative
				  of the groundwater management area;
(5) any groundwater availability model files
				  or aquifer assessments acceptable to the executive administrator used in
				  developing the adopted desired future condition with documentation sufficient
				  to replicate the work; and
(6) any
				  other information the executive administrator may require to be able to
				  estimate the modeled available groundwater.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter C - SUBMISSION OF DESIRED FUTURE CONDITIONS › Section 356.33 - Determination of Administrative Completeness

Current through Reg. 49, No. 28; July 12, 2024
A submitted package will be considered administratively
					 complete if it contains complete copies of all documents required under §
										356.32 of this
					 subchapter (relating to Submission Package) and is signed and dated.
(1) The executive administrator will
				  acknowledge in writing receipt of submitted packages and will advise whether
				  they are administratively complete or will provide a notice of
				  deficiencies.
(2) Districts must
				  submit to the executive administrator an updated package that contains
				  corrections to the deficiencies noted in paragraph (1) of this section no later
				  than 90 days following the date on which the executive administrator provided a
				  notice of deficiencies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter C - SUBMISSION OF DESIRED FUTURE CONDITIONS › Section 356.34 - District Adoption of the Desired Future Condition

Current through Reg. 49, No. 28; July 12, 2024
Each district shall adopt the desired future condition for
					 the aquifer(s) within its boundaries as soon as possible after the executive
					 administrator advises that the desired future condition package submitted
					 pursuant to §
										356.32 of this
					 subchapter (relating to Submission Package) is administratively
					 complete.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter C - SUBMISSION OF DESIRED FUTURE CONDITIONS › Section 356.35 - Modeled Available Groundwater

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator will provide the modeled
					 available groundwater value for each aquifer with a desired future condition to
					 districts in a groundwater management area and the appropriate regional water
					 planning groups no later than 180 days after the executive administrator has
					 provided notice that the submitted package is administratively complete as
					 described in §
										356.33
					 of this subchapter (relating to Determination of Administrative
					 Completeness).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter D - APPEALING ADOPTION OF DESIRED FUTURE CONDITIONS › Section 356.40 - Scope of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
This subchapter describes the process related to an appeal
					 challenging the adoption of desired future conditions established by Texas
					 Water Code §
										36.1083.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter D - APPEALING ADOPTION OF DESIRED FUTURE CONDITIONS › Section 356.41 - Petition

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency will perform an administrative
				  review of the desired future condition adopted by the district under Texas
				  Water Code §
										36.108(d-4)
				  to determine if the desired future condition meets the criteria in Texas Water
				  Code §
										36.108(d)
				  when a petition received by a district is submitted to the executive
				  administrator in accordance with Texas Water Code §
										36.1083(e).
(b) The agency will complete and deliver to
				  the Office a scientific and technical analysis of the desired future condition
				  considering the criteria listed in Texas Water Code §
										36.1083(e)(2)
				  within 120 days after receiving a copy of the petition from the district. The
				  scientific and technical analysis of the desired future condition will be
				  conducted according to the guidance published on the agency website.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter D - APPEALING ADOPTION OF DESIRED FUTURE CONDITIONS › Section 356.42 - Petition

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with Texas Water Code
				  §
										36.1083(j),
				  a district may seek assistance of the agency in mediating the issues raised in
				  the petition.
(b) If the agency's
				  assistance is sought by the district, the executive administrator or his
				  designee shall hold at least one meeting with the district and the affected
				  person and shall establish procedures to mediate the issues raised in the
				  petition.
(c) Depending on the
				  details and technical complexity of issues in the petition, the executive
				  administrator may direct agency staff to mediate the issues raised in the
				  petition or contract with an independent mediator.
(d) The executive administrator will notify
				  the Office if the petition issues are resolved or not resolved as a result of
				  mediation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter E - GROUNDWATER MANAGEMENT PLAN APPROVAL › Section 356.50 - Scope of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
This subchapter governs the agency's procedures for
					 reviewing and approving management plans as administratively
					 complete.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter E - GROUNDWATER MANAGEMENT PLAN APPROVAL › Section 356.51 - Required Management Plan

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Texas Water Code §§
										36.1071
					 (including coordination with surface water management entities on a regional
					 basis), 36.1072, and 36.1085, a district shall develop and submit to the
					 executive administrator a management plan that meets the requirements of §
										356.52
					 of this subchapter (relating to Required Content of Management Plan). The
					 management plan goals must be time-based and quantifiable.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter E - GROUNDWATER MANAGEMENT PLAN APPROVAL › Section 356.52 - Required Content of Management Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) A management plan shall contain, unless
				  explained as not applicable, the following elements:
(1) Management goals:
(A) providing the most efficient use of
				  groundwater;
(B) controlling and
				  preventing waste of groundwater;
(C) controlling and preventing
				  subsidence;
(D) addressing
				  conjunctive surface water management issues;
(E) addressing natural resource issues which
				  impact the use and availability of groundwater, and which are impacted by the
				  use of groundwater;
(F) addressing
				  drought conditions;
(G) addressing
				  conservation, recharge enhancement, rainwater harvesting, precipitation
				  enhancement and brush control, where appropriate and cost-effective;
				  and
(H) addressing the desired
				  future conditions established pursuant to Texas Water Code §
												36.108;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter E - GROUNDWATER MANAGEMENT PLAN APPROVAL › Section 356.53 - Plan Submission

Current through Reg. 49, No. 28; July 12, 2024
(a) A district
				  requesting approval of its management plan, or of an update of its management
				  plan to incorporate adopted desired future conditions that apply to the
				  district, shall submit to the executive administrator the following:
(1) one hard copy of the adopted management
				  plan;
(2) one electronic copy of
				  the adopted management plan; and
(3) documentation that the plan was adopted
				  after notice posted in accordance with Texas Government Code Chapter 551,
				  including a copy of the posted agenda, meeting minutes, and copies of the
				  notice printed in the newspaper or publisher's affidavit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter E - GROUNDWATER MANAGEMENT PLAN APPROVAL › Section 356.54 - Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive administrator will approve
				  a plan as administratively complete when it contains the information required
				  by Texas Water Code §
										36.1071(a) and
				  (e). The executive administrator will notify
				  the district in writing of the determination.
(b) If approval is denied, the executive
				  administrator will provide written reasons for the denial with the notice of
				  denial. A district has 180 days from receipt of notice to submit a revised
				  management plan for review and approval. A revised or amended management plan
				  must comply with all requirements of this subchapter.
(c) An approved management plan remains in
				  effect until:
(1) the district fails to
				  readopt a management plan at least 90 days before the plan expires;
(2) the district fails to submit the
				  district's readopted management plan to the executive administrator at least 60
				  days before the plan expires; or
(3) the executive administrator determines
				  that the readopted management plan does not meet the requirements for approval
				  and the district has exhausted all appeals to the board or court in accordance
				  with Texas Water Code §
											36.1072(f).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter E - GROUNDWATER MANAGEMENT PLAN APPROVAL › Section 356.55 - Appeal of Denial of Management Plan Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) If the executive administrator denies
				  approval of a management plan, a revised management plan, or an amendment to a
				  management plan, the district may appeal the denial by notifying the executive
				  administrator in writing of its intent to appeal, not later than 60 days after
				  the executive administrator's written notice of denial.
(1) Not later than 30 days after filing its
				  notice of intent to appeal, a district shall submit to the executive
				  administrator in writing points of appeal addressing each of the executive
				  administrator's reasons for denial of approval.
(2) The appeal shall be heard at the first
				  regularly scheduled meeting of the board to occur after the expiration of 30
				  days from the receipt of the district's written points of appeal. Written
				  notice of appeal and written points of appeal shall be considered to be
				  received by the executive administrator when received in the Austin offices of
				  the agency.
(3) The executive
				  administrator may file a written response to the district's points of appeal
				  with the board and shall provide a copy of the response to the
				  district.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter E - GROUNDWATER MANAGEMENT PLAN APPROVAL › Section 356.56 - Approval of Amendments

Current through Reg. 49, No. 28; July 12, 2024
(a) If the district
				  proposes to amend its plan for revisions of items other than the modeled
				  available groundwater or desired future condition, the district shall submit a
				  written copy of the proposed amendment to the executive administrator so that
				  the executive administrator may determine whether the amendment requires
				  approval.
(b) If the executive
				  administrator determines that the amendment requires approval, the district
				  shall submit all amendments to the management plan developed under §
										356.52
				  of this subchapter (relating to Required Content of Management Plan) to the
				  executive administrator within 60 days of adoption of the amendment by the
				  district's board. Amendments shall be submitted either in the form of an
				  addendum to the management plan or as changes highlighted within the entire
				  management plan.
(c) If the
				  amendments address items required by Texas Water Code §
										36.1071, they
				  should be in the form of an amended plan instead of an addendum to avoid
				  confusion and preserve the integrity of the plan. Amendments must be submitted
				  in accordance with §
										356.53
				  of this subchapter (relating to Plan Submission). Incorporation of newly
				  developed desired future conditions and modeled available groundwater values
				  must be adopted as an amendment.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter E - GROUNDWATER MANAGEMENT PLAN APPROVAL › Section 356.57 - Sharing with Regional Water Planning Groups

Current through Reg. 49, No. 28; July 12, 2024
Each district shall forward a copy of its approved
					 management plan to the chair of each regional water planning group within the
					 district's boundaries.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 356 - GROUNDWATER MANAGEMENT › Subchapter F - DATA COLLECTION AND TRAINING › Section 356.60 - Scope of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
This subchapter discusses data collection training and
					 reporting by districts.