Current through Reg. 49, No. 38; September 20, 2024
(a)
WHEREAS, Senate Bill 2, as enacted by the 77th Legislature, Regular Session,
provided important responsibilities to the above-referenced agencies with
regard to studies of instream flows through year 2010;
(b) WHEREAS, it is extremely important that
the studies authorized by the 77th Legislature be accomplished in an effective
and efficient manner that maximizes the utilization of available resources;
(c) WHEREAS, the Texas Water
Development Board (Board) is authorized by Section
6.190 of the Texas
Water Code to enter into this agreement, the Texas Commission on Environmental
Quality (Commission) is authorized by Section
5.229 of the Texas
Water Code to enter into this agreement, and the Texas Parks and Wildlife
Department (Department) is authorized by Section 11.0171 of the Texas Parks
& Wildlife Code to enter into this agreement;
(d) WHEREAS, the results of the instream flow
studies, the subject of this Memorandum of Agreement, shall be considered by
the respective agencies in performance of their statutory duties and
responsibilities. Nothing in this agreement restricts the use of the studies by
the agencies in their statutory discretion, duties, and responsibilities;
(e) NOW, THEREFORE BE IT RESOLVED
that the Board, Commission and Department do hereby make the following
operating agreement regarding studies of instream flows as required by Section
16.059
of the Texas Water Code (Collection of instream Flow Data; Conduct of
Studies).
(f) COORDINATING
COMMITTEE
(1) An Instream Flow Studies
Coordinating Committee (Committee) shall be established as a three-member
Committee comprised of the Executive Administrator of the Board and the
Executive Directors of the Department and the Commission, or their designees.
(2) The representative from the
Board shall serve as chairperson of the Committee from the effective date of
this agreement until August 31, 2003.
(3) Thereafter, the chairperson shall serve a
one-year term and the chair shall be rotated annually, as agreed upon by the
Committee, from the Board's representative to the Department's representative,
and thence to the Commission's representative.
(4) The Committee shall meet at least
annually and may meet more often as necessary and agreed upon by the Committee.
(g) DUTIES AND
RESPONSIBILITIES
(1) The purpose of the
Committee is to provide the overall policy, direction, and guidance for the
completion of the instream flow studies authorized by the 77th Legislature.
(2) The Committee shall approve a
programmatic work Plan by December 31, 2002, which shall include the following:
(A) a list of the priority segments to be
studied and interim deadlines for publications;
(B) the scope of the studies;
(C) the assignment of agency responsibilities
in conducting the studies;
(D) the
timeframes in which the studies or parts of the studies are to be completed;
and
(E) the general methods used to
conduct the studies.
(3)
The Committee shall ensure that resources of the agencies are utilized
effectively and efficiently to accomplish the studies. To assist the Committee,
each agency shall also designate lead staff to equally share oversight of the
program studies, to maximize in-house capabilities of personnel and equipment,
and to minimize costs to the state. The Committee shall also consider inviting
cities, river authorities, water districts, other political subdivisions of the
state, universities, and federal water agencies to cooperate with and
participate in the conduct of these studies whenever practicable.
(4) The Committee shall establish an
Interagency Science Team (Team) composed of staff scientists and engineers
assigned to work on the studies by the agencies and their cooperators. The Team
shall assist the Committee by drafting study plans and scopes of work, by
supervising and facilitating contracts, and by conducting and reporting on the
priority studies identified in the Work Plan.
(5) For all contracts by any agency for work
to be performed in furtherance of the Work Plan, the Team shall draft the study
plans and scopes of work and provide recommendations for contract facilitation
prior to the agency's presentation of the contract to its board, commission, or
other agency official possessing the authority to approve such
contracts.
(6) The Committee shall
ensure that a productive data and information exchange is accomplished among
the agencies. Also, the parties hereto do each agree to promptly furnish, free
of charge, any and all correspondence, memorandums, study reports, contracts,
data and any other information relating to instream flow studies that may
hereafter be requested by any of the parties hereto and which are not
privileged and confidential under law.
(7) The Committee shall attempt to reach
unanimous agreement on all decisions made in exercising its duties and
responsibilities under this agreement, but in no event shall the failure of the
Committee to reach a unanimous agreement on a decision frustrate or deter the
intent, direction or purpose of this agreement or the duties and
responsibilities of the Committee as defined hereunder.
(8) The Committee shall attempt to resolve
technical disputes by seeking consensus from the Interagency Science Team. The
Committee may direct Team members to meet specifically for the purpose of
resolving professional differences in order to reach a compromise solution, and
to report that solution back to the Committee.
(9) To assist the agencies in performing a
scientifically sound program, the Committee shall appoint an independent
Scientific Advisory Group to review and comment on study methods and plans
prepared by the Team. The number and composition of the Scientific Advisory
Group is at the discretion of the Committee and may vary from time to time.
(10) The Committee may also
resolve interagency disputes by seeking the advice of their governing bodies.
(h) NON-BINDING CLAUSE.
Nothing in this agreement shall preclude any of the agencies from executing
interagency contracts, operating agreements, establishing other committees, or
otherwise utilizing available resources to achieve specific statutorily
assigned responsibilities regarding instream flow studies not related to
Section
16.059
of the Texas Water Code.
(i) ENTIRE
CONTRACT. The agencies agree that this Memorandum of Agreement contains all the
agreements with regard to the contents and that no oral agreements shall be
recognized or shall in any way modify this Agreement. This Agreement may be
modified only by agreement signed by parties to this Agreement.
(j) EFFECTIVE DATE. This Memorandum of
Agreement shall be effective when signed by all of the agencies and shall
terminate 30 days from the date of written notice of intent to cancel this
agreement by any of the agencies.
(k) IN WITNESS WHEREOF the agencies have
caused this Agreement to be executed in triplicate originals, each of which
shall constitute an original document.
(l) Dated October 17, 2002.
