Section 357.60 - Consistency of Regional Water Plans(a) RWPGs shall submit to the development Board an RWP that is consistent with the guidance principles and guidelines outlined in § 357.20 of this title (relating to Guidance Principles for State and Regional Water Planning). Information provided shall be based on data provided or approved by the Board in a format consistent with the guidelines of Subchapters C and D of this chapter and guidance by the EA.(b) For the purposes of the Texas Water Code § 16.053(j) (relating to Board Financial Assistance) projects proposed to the Board for funding shall be considered to meet any need identified in an approved RWP in a manner consistent with the RWP if the project: (1) Is an enhancement of an Existing Water Supply or water source identified in the analysis developed under § 357.32 of this title (relating to Water Supply Analysis) as meeting a demand, even though the project is not specifically recommended in the RWP;(2) Involves a minor modification to an existing surface water right that is not in conflict with the RWP; or(3) Is meeting a need in a manner consistent with the plan developed under Subchapters C and D of this chapter.(4) For the purposes of the Texas Water Code § 16.053(j), projects proposed to the Board for funding to meet any need identified in an approved RWP for which there is not a recommended WMS in such plan shall be considered by the Board not to be consistent with the approved RWP.(5) For the purposes of the Texas Water Code § 16.053(k) (relating to Board Waivers), the Board may consider, among other factors, changed conditions if a Political Subdivision requests a waiver of the Texas Water Code § 16.053(j) for a project proposed to the Board for funding to meet a need in a manner that is not consistent with the manner the need is addressed in an approved RWP. The Board shall request the members of any affected RWPG to provide input on the request for waiver of the Texas Water Code § 16.053(j).(c) Relation to state and local plans. RWPs shall be consistent with Chapter 358 of this title (relating to State Water Planning Guidelines) and this chapter. RWPGs shall consider and use as a guide the State Water Plan and local water plans provided for in the Texas Water Code § 16.054 (relating to Local Water Planning).31 Tex. Admin. Code § 357.60
The provisions of this §357.60 adopted to be effective August 12, 2012, 37 TexReg 5797; Amended by Texas Register, Volume 41, Number 49, December 2, 2016, TexReg 9625, eff. 12/8/2016