Sec. 36.3011. COMMISSION INQUIRY AND ACTION REGARDING DISTRICT DUTIES. (a) In this section, "affected person" means, with respect to a management area:
(1) an owner of land in the management area;
(2) a groundwater conservation district or subsidence district in or adjacent to the management area;
(3) a regional water planning group with a water management strategy in the management area;
(4) a person who holds or is applying for a permit from a district in the management area;
(5) a person with a legally defined interest in groundwater in the management area; or
(6) any other person defined as affected by commission rule.
(b) An affected person may file a petition with the commission requesting an inquiry for any of the following reasons:
(1) a district fails to submit its management plan to the executive administrator;
(2) a district fails to participate in the joint planning process under Section 36.108;
(3) a district fails to adopt rules;
(4) a district fails to adopt the applicable desired future conditions adopted by the management area at a joint meeting;
(5) a district fails to update its management plan before the second anniversary of the adoption of desired future conditions by the management area;
(6) a district fails to update its rules to implement the applicable desired future conditions before the first anniversary of the date it updated its management plan with the adopted desired future conditions;
(7) the rules adopted by a district are not designed to achieve the adopted desired future conditions;
(8) the groundwater in the management area is not adequately protected by the rules adopted by a district; or
(9) the groundwater in the management area is not adequately protected due to the failure of a district to enforce substantial compliance with its rules.
(c) Not later than the 90th day after the date the petition is filed, the commission shall review the petition and either:
(1) dismiss the petition if the commission finds that the evidence is not adequate to show that any of the conditions alleged in the petition exist; or
(2) select a review panel as provided in Subsection (d).
(d) If the petition is not dismissed under Subsection (c), the commission shall appoint a review panel consisting of a chairperson and four other members. A director or general manager of a district located outside the management area that is the subject of the petition may be appointed to the review panel. The commission may not appoint more than two members of the review panel from any one district. The commission also shall appoint a disinterested person to serve as a nonvoting recording secretary for the review panel. The recording secretary may be an employee of the commission. The recording secretary shall record and document the proceedings of the panel.
(e) Not later than the 120th day after appointment, the review panel shall review the petition and any evidence relevant to the petition and, in a public meeting, consider and adopt a report to be submitted to the commission. The commission may direct the review panel to conduct public hearings at a location in the management area to take evidence on the petition. The review panel may attempt to negotiate a settlement or resolve the dispute by any lawful means.
(f) In its report, the review panel shall include:
(1) a summary of all evidence taken in any hearing on the petition;
(2) a list of findings and recommended actions appropriate for the commission to take and the reasons it finds those actions appropriate; and
(3) any other information the panel considers appropriate.
(g) The review panel shall submit its report to the commission.
(h) Not later than the 45th day after receiving the review panel's report under this section, the executive director or the commission shall take action to implement any or all of the panel's recommendations. The commission may take any action against a district it considers necessary in accordance with Section 36.303 if the commission finds that:
(1) the district has failed to submit its management plan to the executive administrator;
(2) the district has failed to participate in the joint planning process under Section 36.108;
(3) the district has failed to adopt rules;
(4) the district has failed to adopt the applicable desired future conditions adopted by the management area at a joint meeting;
(5) the district has failed to update its management plan before the second anniversary of the adoption of desired future conditions by the management area;
(6) the district has failed to update its rules to implement the applicable desired future conditions before the first anniversary of the date it updated its management plan with the adopted desired future conditions;
(7) the rules adopted by the district are not designed to achieve the desired future conditions adopted by the management area during the joint planning process;
(8) the groundwater in the management area is not adequately protected by the rules adopted by the district; or
(9) the groundwater in the management area is not adequately protected because of the district's failure to enforce substantial compliance with its rules.
Added by Acts 2001, 77th Leg., ch. 966, Sec. 2.55, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 13, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 17 (S.B. 727), Sec. 9, eff. April 29, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1233 (S.B. 660), Sec. 18, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 415 (H.B. 2767), Sec. 16, eff. June 10, 2015.
Section: Previous 36.206 36.207 36.251 36.252 36.253 36.254 36.301 36.3011 36.302 36.303 36.3035 36.304 36.305 36.306 36.307 NextLast modified: September 28, 2016