Current through Reg. 49, No. 38; September 20, 2024
(a) In the event an
RWPG has asserted an interregional conflict and the Board has determined that
there is a potential for a substantial adverse effect on that region, or the
Board finds that an interregional conflict exists between IPPs, the EA may use
the following process:
(1) notify the affected
RWPGs of the nature of the interregional conflict;
(2) request affected RWPGs appoint a
representative or representatives authorized to negotiate on behalf of the RWPG
and notify the EA in writing of the appointment;
(3) request affected RWPGs' assistance in
resolving the conflict; and
(4)
negotiate resolutions of conflicts with RWPGs as determined by the
EA.
(b) In the event the
negotiation is unsuccessful, the EA may:
(1)
determine a proposed recommendation for resolution of the conflict;
(2) provide notice of its intent to hold a
public hearing on proposed recommendations for resolution of the conflict by
publishing notice of the proposed change in the Texas Register
and in a newspaper of general circulation in each county located in whole or in
part in the RWPAs involved in the dispute 30 days before the public hearing and
by mailing notice of the public hearing 30 days before public hearing to those
persons or entities listed in §
357.21(h)
of this title (relating to Notice and Public Participation) in the RWPAs
proposed to be impacted, and to each county judge of a county located in whole
or in part in the RWPAs proposed to be impacted and to each affected
RWPG;
(3) hold a public hearing on
the proposed recommendation for resolution of the conflict at a time and place
determined by the EA. At the hearing, the EA shall take comments from the
RWPGs, Political Subdivisions, and members of the public on the issues
identified by the Board as unresolved problems; and
(4) make a recommendation to the Board for
resolution of the conflict.
(c) The Board shall consider the EA's
recommendation and any written statements by a representative for each affected
RWPG and determine the resolution of the conflict. The Board's decision is
final and not appealable.
(d) The
EA shall notify affected RWPGs of Board's decision and shall direct changes to
the affected RWPs, to be incorporated in accordance with Texas Water Code
§
16.053(h)(6).
