Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 10 - TEXAS WATER DEVELOPMENT BOARD
Chapter 354 - MEMORANDA OF UNDERSTANDING
Section 354.12 - Memorandum of Agreement Between the Texas Water Development Board and the Texas Commission on Environmental Quality Regarding Groundwater Conservation District Management Plan Approval and Enforcement
Universal Citation: 31 TX Admin Code ยง 354.12
Current through Reg. 49, No. 38; September 20, 2024
(a) This memorandum of agreement (MOA) between the Texas Water Development Board (TWDB) and Texas Commission on Environmental Quality (TCEQ) which sets forth the coordination of program responsibilities related to groundwater conservation district management, planning, approval, review, and oversight. This MOA is intended to clarify and outline the necessary coordination required for the agencies to document their respective duties, responsibilities, and functions as provided under Chapter 36 of the Texas Water Code.
(b) Definitions.
(1) Approval. The approval of a
groundwater conservation district's adopted management plan as administratively
complete by the Executive Administrator of the TWDB as required under §
36.1072
of the Texas Water Code.
(2)
Enforcement actions. Formal commission actions to achieve groundwater
management by a groundwater conservation district as identified under
§36.303 through §
36.308 of
the Texas Water Code including:
(A) issuing
an order requiring the district to take certain actions or refrain from taking
certain actions;
(B) dissolving the
district's board of directors in accordance with §§
36.305
and
36.307
of the Texas Water Code;
(C)
requesting the Attorney General to bring suit for the appointment of a receiver
to collect assets and carry on the business of the district; or
(D) dissolving the district in accordance
with §§
36.304,
36.305,
and
36.308 of
the Texas Water Code.
(3) Executive Administrator. The Executive
Administrator of the TWDB or a designated representative.
(4) Executive Director. The Executive
Director of the TCEQ or a designated representative.
(5) Executive Director's Preliminary Report
or EDPR. A pleading filed by the Executive Director which, when issued and
served under this title, seeks an enforcement order against a respondent. EDPR
is further defined in 30 TAC Chapter 70, Subchapter C (relating to Enforcement
Referrals to the State Office of Administrative Hearings).
(6) Groundwater conservation district (or
district). Any district or authority created under Section 52, Article III, or
Section 59, Article XVI, Texas Constitution, that has the authority to regulate
the spacing of water wells, the production from water wells, or both.
(7) Management Plan. The
comprehensive plan developed and adopted by the groundwater conservation
district under §
36.1071 of the
Texas Water Code and subject to approval by the Executive Administrator of the
TWDB under §
36.1072
of the Texas Water Code that addresses groundwater management goals,
performance standards, and objectives which specifies actions, procedures,
performance, and avoidance that are or may be necessary to effect the
plan.
(c) Interrelated Responsibilities and Jurisdictions of the TCEQ and TWDB.
(1) The TCEQ. The TCEQ has exclusive
jurisdiction over the creation of groundwater conservation districts pursuant
to §
36.011
of the Texas Water Code, for maintaining records of groundwater conservation
district confirmation election results under §
36.017(e)
of the Texas Water Code, for maintaining records of groundwater conservation
district directors registered with the TCEQ pursuant to §
36.054(e)
of the Texas Water Code, and has a right of supervision over groundwater
conservation districts pursuant to §
12.081
of the Texas Water Code.
(A) The TCEQ is
responsible for taking certain enforcement action under §
36.303 of
the Texas Water Code if a groundwater conservation district board of directors
fails to submit a management plan, fails to receive approval of its management
plan under §
36.1072
of the Texas Water Code, or fails to submit or receive approval of an amendment
to the management plan under §
36.1073
of the Texas Water Code. The TCEQ may not take enforcement action against a
district under §
36.303 of
the Texas Water Code until either:
(i) the
board of directors of a district has failed to submit a management plan or
amendment of its plan by the required date;
(ii) the board of directors of a district has
failed to submit a revised management plan (or subsequent amendment of a
management plan) within 180 days of receiving notice from the executive
administrator that the management plan (or subsequent amendment of a management
plan) has not been approved and the district has not appealed the executive
administrator's decision to the TWDB;
(iii) the date the TWDB has taken final
action withholding approval of a management plan (or a subsequent amendment of
a management plan) if the district has appealed the Executive Administrator's
decision to the TWDB; or
(iv) a
district court in Travis County has taken final action withholding approval of
a management plan (or a subsequent amendment of a management plan) if the
district has appealed the TWDB's decision to a court.
(B) The TCEQ is responsible for taking
certain enforcement actions under §
36.303 of
the Texas Water Code if a petition requesting an inquiry related to groundwater
conservation district planning or management in a groundwater management area
is not dismissed and the TCEQ appointed review panel has prepared and submitted
a written report detailing findings and recommended actions.
(C) The TCEQ is responsible for taking
certain enforcement action under §
36.303 of
the Texas Water Code if it is determined by the SAO under §
36.302
of the Texas Water Code that a groundwater conservation district is not
actively engaged in achieving the objectives of the district's management plan
based on an audit of the district's performance under the plan.
(D) The TCEQ is responsible for investigation
of the facts and circumstances of any violations of any rule or order of the
commission, consistent with agency authority under §
12.081
of the Texas Water Code. The Executive Director must prepare and file a written
report with the commission and the subject district which documents the
findings of the investigation and includes any recommended enforcement actions
the Executive Director believes the commission should take under §
36.303 of
the Texas Water Code.
(E) An
enforcement order approved by the commission may require the district to take
certain action, refrain the district from taking certain actions, dissolve the
district's board of directors, request the Attorney General to bring suit for
the appointment of a receiver to collect assets and carry on the business of
the district, or dissolve the district, as identified under §
36.303(a)
of the Texas Water Code.
(2) The TWDB. Under §
36.1072(c)
of the Texas Water Code, the Executive Administrator of the TWDB is responsible
for approving groundwater conservation district management plans within 60 days
of receipt if the plans are administratively complete. Under §
36.1072(c)
of the Texas Water Code, if the Executive Administrator does not approve a
management plan, the Executive Administrator must provide to the district, in
writing, the reasons for the action. Within 180 days after the date of receipt
of notice, the district may submit a revised management plan for review and
approval. As identified under §
36.1072
of the Texas Water Code, the Executive Administrator's decision may be appealed
to the TWDB; the decision of the TWDB may also be appealed to a district court
in Travis County. TWDB rules in Chapter 356 of Title 31 of the Texas
Administrative Code more fully set out these procedures.
(d) Agreed activities of each party to this MOA. For the mutual benefit of the parties to this MOA and to provide for a consistent regulatory framework, the parties agree to cooperate in function and service to the following:
(1) The Executive
Director of the TCEQ will provide written notice to the Executive Administrator
of the TWDB when a new groundwater conservation district is created or
confirmed by voter election and the district's temporary board of directors has
fulfilled its statutory obligation and made such information available to the
TCEQ. Also, notice of the following information will be provided to the TWDB
within 15 days of receipt of required notifications from the district:
(A) the name, location, and enabling action
for the newly created district;
(B) the date of statutory creation or the
date of creation confirmation election, if an election is required; and
(C) the name of all directors,
mailing address(es), and term expiration dates for directors of the new
district.
(2) The
Executive Administrator of the TWDB will provide written notice to the
Executive Director of the TCEQ within 15 days, when the Executive
Administrator:
(A) has not received a
groundwater conservation district management plan by the required deadline for
submission from a district;
(B)
receives a groundwater conservation district management plan for administrative
completeness review;
(C) approves a
groundwater conservation district management plan as administratively
complete;
(D) denies approval of a
submitted groundwater conservation district management plan;
(E) receives a revised version of a
groundwater conservation district management plan within the 180-day response
period;
(F) fails to receive a
revised version of a groundwater conservation district management plan at the
expiration of the 180-day response period;
(G) receives documentation that a district
has appealed the Executive Administrator's management plan approval decision to
the TWDB, or a district has appealed TWDB's final decision to a district court
in Travis County; or
(H) receives
notice that final action by the TWDB or a district court in Travis County has
been completed.
(3) The
Executive Director of the TCEQ will provide written notice to the Executive
Administrator of the TWDB when non-compliance review and oversight actions are
taken against a groundwater conservation district. The Executive Director will
provide notice when:
(A) initial
notification-of-violation to a non-compliant district is issued;
(B) favorable actions are taken by a district
and the district has voluntarily come into compliance;
(C) formal enforcement action has been
initiated;
(D) the Executive
Director's Preliminary Report is filed with the TCEQ's Chief Clerk;
(E) final enforcement action has been taken
by the commission; and
(F) required
follow-up investigative activities are taken by the TCEQ in accordance with
§
36.306 of the Texas
Water Code.
(4) Either
party to this MOA can substitute the individual notifications identified in
paragraphs (1) - (3) of this subsection with monthly notices to the other
parties of all actions taken in the previous thirty (30) days. These notices
may be transmitted as up-to-date and accurate reports from a database
maintained by the party.
(5) Both
parties agree to:
(A) meet as needed to
coordinate and maintain an efficient district performance review
process;
(B) allow interagency
access and review of applicable files relating to processing of a management
plan by the TWDB, processing of an enforcement action by the TCEQ, or related
file information pertaining to the responsibilities of the agencies;
(C) share any groundwater conservation
district financial reports that may have been voluntarily submitted to an
agency;
(D) provide full disclosure
of related activities in the biennial legislative report required under §
35.018 of the Texas Water
Code; and
(E) identify the agency
contact person and mailing address for the formal communications specified by
this MOA, along with periodic update of the contact information, as
necessary.
(e) General conditions.
(1) Term of MOA. The term
of this MOA shall be from the effective date until termination or amendment of
this MOA.
(2) Effective date. This
MOA, and any subsequent amendment, shall become effective immediately after the
date on which the TCEQ Executive Director and the TWDB Executive Administrator
sign the document, which ever date is later.
(3) Amendment of MOA. This MOA may be amended
by mutual agreement of the two parties in accordance with applicable law. Any
amendment of this MOA will become effective immediately after the date on which
the TCEQ Executive Director and the TWDB Executive Administrator sign the
amended document, which ever date is later.
(4) Termination of MOA. This MOA may be
terminated by either party upon thirty days written notice. The termination of
this MOA will become effective thirty days after notice is received by the
other party.
(5) Authority. By
signing this MOA, the signatories acknowledge that they are acting upon proper
authority from their governing bodies.
(6) Notices. Any notices required by this MOA
to be in writing shall be addressed to the respective party as follows:
(A) Executive Director, Texas Commission on
Environmental Quality, Attn: Todd Chenoweth, P.O. Box, 13087, Austin, TX
78711-3231;
(B) Executive
Administrator, Texas Water Development Board, Attn: Bill Mullican, P.O. Box
13231, Austin, TX 78711-3231; and
(C) The identified contact person may be
revised as necessary, in accordance with provision (d)(5)(E) of this MOA.
(f) Dated September 17, 2007.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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