Section 357.64 - Conflicts Between Regional Water Plans and Groundwater Management Plans(a) A groundwater conservation district may file a written petition with the EA stating that a potential conflict exists between the district's approved management plan developed under Texas Water Code § 36.1071 (relating to Management Plans) and the approved State Water Plan. A copy of the petition shall be provided to the affected RWPG. The petition must state: (1) the specific nature of the conflict;(2) the specific sections and provisions of the approved management plan and approved State Water Plan that are in conflict; and(3) the proposed resolution to the conflict.(b) If the EA determines a conflict exists, the EA will provide technical assistance to and coordinate with the groundwater conservation district and the affected RWPG to resolve the conflict. Coordination may include any of the following processes: (1) requiring the RWPG to respond to the petition in writing;(2) meeting with representatives from the groundwater conservation district and the RWPG to informally mediate the conflict; and/or(3) coordinating a formal mediation session between representatives of the groundwater conservation district and the RWPG.(c) If the parties do not reach resolution, the EA will recommend a resolution to the conflict to the Board within 60 days of the date the mediation is completed. Notice shall be provided at least 15 days prior to the date of the Board meeting to discuss the proposed resolution. The Board may: (1) revise an approved RWP; and(2) revise a district's approved management plan.(d) If the Board requires a revision to the groundwater conservation district's approved management plan, the Board shall provide information to the groundwater conservation district on what revisions are required and why. The groundwater conservation district shall prepare any revisions to its plan based on the information provided by the Board and hold, after notice, at least one public hearing at a central location readily accessible to the public within the district. The groundwater conservation district shall consider all public and Board comments, prepare, revise, and adopt its plan, and submit the revised plan to the Board pursuant to Chapter 356 of this title (relating to Groundwater Management). If the groundwater conservation district disagrees with the decision of the Board, the district may appeal the decision to a district court in Travis County, Texas.(e) If the Board requires a revision to the approved RWP, the Board shall provide information to the RWPG on what revisions are required and why. The RWPG shall prepare the revisions as a major amendment to their approved RWP pursuant to § 357.51(b) of this title. The RWPG shall hold, after notice, at least one public hearing at some central location readily accessible to the public within the regional water planning area.(f) At the Board's discretion, the Board shall include in the State Water Plan a discussion of the conflict and its resolution.31 Tex. Admin. Code § 357.64
The provisions of this §357.64 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; Amended by Texas Register, Volume 43, Number 14, April 6, 2018, TexReg 2165, eff. 4/11/2018