I~~S 0~/0o9/./S
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Commissioner Letz OFFICE: County Commissioner
MEETING DATE: August 10, 2009 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on appeal of DFC's set by
GMA9.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Comm. Letz
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title S, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
5:00 PM previous Tuesday
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
Kug Ob U9 D4t)6p
Now is .a PETITI ~N AILED TO
APPEAL TffE APPRQVAL QF A
DESIRED l~'~/T~lRE COIVDI f/t~N
OF r4N AQ~IIFER~`
BACK~rRO~IND
Groundwater conservation districts are charged by the Texas Legislature
with establishing the desired future condirians for the relevant aquifers inside
each groundwater management area of the state. A desired future condition
is the projected, quantified condition of a groundwater resource (such as
water levels, water quality, spring flows, or volumes) ac a specified time or
times in the Future. After groundwater conservation districts adopt a desired
future condition, they submit it to the Executive Administrator of the Texas
Water Development Board (TWDB). The Executive Administrator then
provides each groundwater conservation district and regional water planning
group in the groundwater management areawith the managed available
groundwater based on the desired future condition. The managed available
groundwater is the amount of water that may be permitted, to the extent
possible, by a groundwater conservation district for use, consistent with the
established desired future condition.
State law allows for the filing of a pecitian with the T\XTDB appealing the
reasonableness of a desired future condition. The purpose of this document
is to describe the process and associated requirements far filing such a
petition_ The process and associated requirements are described in statute
(Texas Water Code §§36.148(1)-36.108(n)) and TWDB rules (31 Texas
Administrative Code §§356.41-356.46?.
WHO CAIV FILE
A person with a legally defined interest in groundwater in the groundwater
management area, a groundwater conservation district in or adjacent to
the groundwater management area, or a regional water planning group for
a region in the groundwater management area may file a petition with the
TWD$ appealing the approval of a desired future condition.
A person with a legally defined interest
` owns land or groundwater rights in the groundr~~acer management area,
` has a legal interest in a well in the groundwater management area,
/~/
Desired Future Conditions .l'etztion Process page 3
The Board may,. at its discretion and for good cause shown, waive any of the requirements for the
submission of a complete petition.
WHERE DOES THE PETITION GOB
TWDB rules require char the complete petition and the supporting evidence be provided to the groundwater
conservation districts whose adopted desired future condition is being appealed at least 30 days before
the petition is submitted to the TWDB. Note that the 30 days count From when the districts receive the
materials, not from when you send the materials; therefore, we recommend documented delivery.
After the groundwater conservation districts have had the petition for 30 days, the petition is then submitted
to the TViIDB at
Texas Water Development Board
ATTN: Mr. J. Kevin ~X~ard, Executive Administrator
P.O. Box 13231
Austin, Texas r 8711-3231
or, for documented delivery; at
Texas Water Development Board
ATTN: Mr. J. Kevin Ward, Executive Administrator
1704 North Congress Avenue
Austin, Texas 78?41
WlIAT NAPPENS TO MY PETITION ONCE IT /S RECEIVED BY TILE TWDB?
~XTithin 10 days of receipt of an administratively complete petition, T~X~DB staff will send a Iecter to the
petitioner and the affected groundwater conservation districts acknowledging receipt of the petition. To
be considered administratively complete a petition must contain each of the required elements listed in the
"~Xjhat should a petition look like?" section above. The TWDB will not consider itself in receipt ofa petition
until a petition is administrativelyrtomplete.
1'he affected groundwater conservation districts have 10 business days from their receipt of the TWDB's
acknowledgment of the receipt of a petition to request the Executive Administrator of the TWDB
to postpone Board review of the petition for 60 days. The intent of the 60 day delay is to encourage
consultation and resolution of the petition by the petitioner and the groundwater conservation districts. Any
one of the affected districts may request this postponement.
If there is no request for postponement, TWDB staff will present the petition to the Board no later than 120
days after receipt of the administratively complete petition, If there is a request for postponement, TWDB
staff wil l present the petition to the Board no later than 120 days after the 60 day postponement period has
expired.
The Executive Administrator may join multiple petitions concerning the same area, aquifers, and issues if
such joinder is bene&cial to the Board., the petitioners, and the respondents.
After the petition is received and before it is presented to the Board, staff will hold at Least one public hearing
in the groundwater management area to take sworn testimony and receive evidence on the petition from
the petitioner and the groundtivater conservation districts. The petitioner and the districts wil( be given
1 When we refer to "Board", eve are referring to the six member board of the TV6jDB. The Board generally meets once per month
in oprn meetings and fo[laws a posted agenda. Consideration of a petition would be a posted agenda item.
De.,~red Future Conditions Petition Process
page 2
• has authorization from a groundtivater conservation district in the groundwater management area to
produce groundwater, or
• otherwise has an interest in groundwater in the groundwater management area as granted by court
order or judgment.
If you are nor sure if you fit the description listed above, you should seek professional Iega1 advice on how to
rp oceed.
WHEN SAN A PETITION BE F/IED~
A petition must be filed with the TWDB within one calendar year of the adoption of the desired future
condition by the groundwater conservation districts. For example, if the desired future condition was
adopted on December 1, 2008, a complete petition would have to arrive and be stamped "received or
signed for by TWDB staff by December 1, 2009, for the petition to be considered timely. ~G'e recommend
documented delivery when sending petitions. Note that the complete petition must first be provided to the
groundr~•ater conservation districts 30 days before a petition is filed with the T~X/DB (see •~i~here does the
petition go?" below for more information}.
WHAT SHOULD IL COMPLETE PETITION tOOK LIKE
At a minimum, the petition needs to include:
• the specific desired future condition that is being appealed;
• the petitioner's name and contact information, including mailing address, a-mail address, telephone
number, and fax number;
• an affidas~it attesting to the truth of the matters contained in the petition;
• documents describing the nature of the petitioner's legally defined interest in the groundwater in the
area (this requirement does not apply to a groundwater conservation district or a regional water plan-
ning group);
~- • the evidence upon ~•hich the petitioner will rely in support of the contention that the adopted desired
future condition is not reasonable;
• a summary of this evidence; and
• the petitioner's signature, signed and sworn to before a notary: public.
if the petitioner has designated a person or entity to represent the petitioner in the petition, then the
petitioner needs to also provide:
• the representative's name and contact information, including mailing address, a-mail address, telephone
number, and fax number and
• a certified copy of a resolution or other offtcial document describing the extent and nature of the
authority of the representative.
The petitioner should also include evidence that the petition, including the supporting evidence, was
submitted to the groundu~arer conservation districts at least 30 days before the petition vas submitted to the
TWDB.
It is essential that a petitioner do more than just state that the desired future condition is unreasonable---the
petitioner must provide evidence that the desired future condition is unreasonable.
Aug uti uy u4:t)bp User 8309955610 p.4
Desired Future Conditions Petition Procesr page 4
equal time. The hearing will be conducted in a manner that is orderly, fair, and efficient. The hearing is not a
formal legal proceeding. Other interested parties may provide written evidence for Board consideration within
lU days after the hearing.
The Executive Administrator will prepare a list of Endings based on the evidence and may provide a
summon; an analysis, and recommendations relating to the groundwater conservation districts' groundwater
management plans and desired future condition.
If the Berard finds that the desired future condition is reasonable, the Executive r'~dministrator will send a
letter to the petitioner and the groundwater conservation districts noting the Board's decision.
If the Board finds that the desired future condition is not reasonable, then the Board urill prepare a report
that includes a list of findings and recommended revisions to the desired future condition. The Executive
Administrator will send a letter to the petitioner and rile groundwater conservation districts noting the
Board's decision. The groundwater conservation districts are then required to revise their desired furore
condition in accordance with the Board's recommendations and submit the revised desired future condition
to the T~XIDB. The districts may request an opinion from TWDB as to +vhether or not the districts' revisions
are in accordance +vith the Board's recommendations. The groundwater conservation districts then hold a
public hearing on the revised plans and desired future condition in a central location in the groundwater
management area. After considering comments from the public and the Board, the districts revise the desired
future condition and submit the revised conditions to the Board For review along wzth the rationale, if
necessar~~, for changing the condition from the Boards recommendations.
The Board will then provide public notice of the districts' revisions and may provide a public response to the
districts' revised desired future condition. The Executive Administrator +~s•ill provide nev~~ managed available
groundwater numbers to the groundwater conservation districts and the regional water planning groups.
STATt1TE All(Q RULES
To read Chapter 36 of the Texas Water Code:
hrrn:!/rlo2.tlc.state.rx.uslstatutes!docs!~'r'~; crnttent/pdf%wa.002.U0.UUOU3Ci.U0. pd f
To read Chapter 356, Subchapter D, of Title 3] of the Texas Administrative Code:
http•~/infosossratetYUS/plsl.,pub/readtac~exrVie+vTAC~r~te vietiv=~&ti=31&pt=1U&ch=i~G&sch-D&rl=~'
To access a digital version of this document:
http:!/w+,vw.t++•db.scate.th.ttslpubl ications/shells/DFC~etitian.pdf
For more information on groundwater management and the desired future condition process, please visit the
folio+ving web site:
http: /lw~rtiv.nardh.state.rk.uslG ~X~RI}(GT.~lgcthome. firm
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Our Miulon
Prpride fepdersF~ip, pa~wHng, fnoncia7 ass+sle,xe, rdermol~on, on2 eaucJJicn !ar lire avrservolion and res,~oru Pbie deee;opmorti of vrcler For Texos.
BQtlA[ OPPORNHl7Y EMPt DYER
7?M 7e=as N'etar Do.~efoa.ronf Boord does rm• disenmkwee wr the basis of race, color, no Fanaf origin, sex, rel'7ion, ago a siiaobi~iry in enyibyrxnl or the provws°on aI serv.ces pragrems a pC>ivi7ics.
1.8Lp-REL4Y 7X (Fo-r N,c f,corir,g impcired1