Current through Reg. 49, No. 38; September 20, 2024
(a) The Board shall review and update the
designations of RWPAs as necessary but at least every five years, on its own
initiative or upon recommendation of the EA. The Board shall provide 30 days
notice of its intent to amend the designations of RWPAs by publication of the
proposed change in the Texas Register and by mailing the notice to each mayor
of a municipality with a population of 1,000 or more or which is a county seat
that is located in whole or in part in the RWPAs proposed to be impacted, to
each water district or river authority located in whole or in part in the RWPA
based upon lists of such water districts and river authorities obtained from
the Commission, and to each county judge of a county located in whole or in
part in the RWPAs proposed to be impacted. After the 30 day notice period, the
Board shall hold a public hearing at a location to be determined by the Board
before making any changes to the designation of an RWPA.
(b) If upon boundary review the Board
determines that revisions to the boundaries are necessary, the Board shall
designate areas for which RWPs shall be developed, taking into consideration
factors such as:
(1) River basin and aquifer
delineations;
(2) Water utility
development patterns;
(3)
Socioeconomic characteristics;
(4)
Existing RWPAs;
(5) Political
Subdivision boundaries;
(6) Public
comment; and
(7) Other factors the
Board deems relevant.
(c) After an initial coordinating body for a
RWPG is named by the Board, the RWPGs shall adopt, by two-thirds vote, bylaws
that are consistent with provisions of this chapter. Within 30 days after the
Board names members of the initial coordinating body, the EA shall provide to
each member of the initial coordinating body a set of model bylaws which the
RWPG shall consider. The RWPG shall provide copies of its bylaws and any
revisions thereto to the EA. The bylaws adopted by the RWPG shall at a minimum
address the following elements:
(1) definition
of a quorum necessary to conduct business;
(2) method to be used to approve items of
business including adoption of RWPs or amendments thereto;
(3) methods to be used to name additional
members;
(4) terms and conditions
of membership;
(5) methods to
record minutes and where minutes will be archived as part of the public record;
and
(6) methods to resolve disputes
between RWPG members on matters coming before the RWPG.
(d) RWPGs shall maintain at least one
representative of each of the following interest categories as voting members
of the RWPG. However, if an RWPA does not have an interest category below, then
the RWPG shall so advise the EA and no membership designation is required.
(1) Public, defined as those persons or
entities having no economic interest in the interests represented by paragraphs
(2) - (12) of this subsection other than as a normal consumer;
(2) Counties, defined as the county
governments for the 254 counties in Texas;
(3) Municipalities, defined as governments of
cities created or organized under the general, home-rule, or special laws of
the state;
(4) Industries, defined
as corporations, partnerships, sole proprietorships, or other legal entities
that are formed for the purpose of making a profit and which produce or
manufacture goods or services and which are not small businesses;
(5) Agricultural interests, defined as those
persons or entities associated with production or processing of plant or animal
products;
(6) Environmental
interests, defined as those persons or groups advocating the conservation of
the state's natural resources, including but not limited to soil, water, air,
and living resources;
(7) Small
businesses, defined as corporations, partnerships, sole proprietorships, or
other legal entities that are formed for the purpose of making a profit, are
independently owned and operated, and have fewer than 500 employees or less
than $10 million in gross annual receipts;
(8) Electric generating utilities, defined as
any persons, corporations, cooperative corporations, or any combination
thereof, meeting each of the following three criteria: own or operate for
compensation equipment or facilities which produce or generate electricity;
produce or generate electricity for either wholesale or retail sale to others;
and are neither a municipal corporation nor a river authority;
(9) River authorities, defined as any
districts or authorities created by the legislature which contain areas within
their boundaries of one or more counties and which are governed by boards of
directors appointed or designated in whole or part by the governor or board,
including, without limitation, San Antonio River Authority;
(10) Water districts, defined as any
districts or authorities, created under authority of either Texas Constitution,
Article III, §52(b)(1) and (2), or Article XVI, §59 including
districts having the authority to regulate the spacing of or production from
water wells, but not including river authorities;
(11) Water utilities, defined as any persons,
corporations, cooperative corporations, or any combination thereof that provide
water supplies for compensation except for municipalities, river authorities,
or water districts; and
(12)
Groundwater management areas, defined as a single representative for each
groundwater management area that is at least partially located within an RWPA.
Defined as a representative from a groundwater conservation district that is
appointed by the groundwater conservation districts within the associated
groundwater management area.
(e) The RWPGs shall add the following
non-voting members, who shall receive meeting notifications and information in
the same manner as voting members:
(1) Staff
member of the Board to be designated by the EA;
(2) Staff member of the Texas Parks and
Wildlife Department designated by its executive director;
(3) Member designated by each adjacent RWPG
to serve as a liaison;
(4) One or
more persons to represent those entities with headquarters located in another
RWPA and which holds surface water rights authorizing a diversion of 1,000
acre-feet a year or more in the RWPA, which supplies water under contract in
the amount of 1,000 acre-feet a year or more to entities in the RWPA, or which
receives water under contract in the amount of 1,000 acre-feet a year or more
from the RWPA;
(5) Staff member of
the Texas Department of Agriculture designated by its commissioner;
and
(6) Staff member of the State
Soil and Water Conservation Board designated by its executive
director.
(f) Each RWPG
shall provide a current list of its members to the EA; the list shall identify
the interest represented by each member including interests required in
subsection (d) of this section.
(g)
Each RWPG, at its discretion, may at any time add additional voting and
non-voting representatives to serve on the RWPG for any new interest category,
including additional representatives of those interests already listed in
subsection (d) of this section that the RWPG considers appropriate for water
planning.
(h) Each RWPG, at its
discretion, may remove individual voting or non-voting members or eliminate
RWPG representative positions in accordance with the RWPG bylaws as long as
minimum requirements of RWPG membership are maintained in accordance with
subsection (d) of this section.
(i)
RWPGs may enter into formal and informal agreements to coordinate, avoid
conflicts, and share information with other RWPGs or any other interests within
any RWPA for any purpose the RWPGs consider appropriate including expediting or
making more efficient water planning efforts. These efforts may involve any
portion of the RWPG membership. Any plans or information developed through
these efforts by RWPGs or by committees may be included in an RWP only upon
approval of the RWPG.
(j) Upon
request, the EA will provide technical assistance to RWPGs, including on water
supply and demand analysis, methods to evaluate the social and economic impacts
of not meeting needs, and regarding Drought Management Measures and water
conservation practices.
(k) The
Board shall appoint an Interregional Planning Council during each state water
planning cycle. The Interregional Planning Council will be subject to the
following provisions:
(1) The Interregional
Planning Council consists of one voting member from each RWPG, as appointed by
the Board.
(2) Upon request by the
EA, each RWPG shall submit at least one nomination for appointment, including a
designated alternate for each nomination.
(3) Interregional Planning Council members
will serve until adoption of the State Water Plan.
(4) The Interregional Planning Council,
during each planning cycle to develop the State Water Plan, shall hold at least
one public meeting and deliver a report to the Board. The report format may be
determined by the Council. The report at a minimum shall include a summary of
the dates the Council convened, the actions taken, minutes of the meetings, and
any recommendations for the Board's consideration, based on the Council's work.
Meeting frequency, location, and additional report content shall be determined
by the Council.
(5) The Council's
report shall be delivered to the Board no later than one year prior to the IPP
deliverable date for the corresponding State Water Plan cycle, as set in
regional water planning contracts.
