SB 660 New Process to Adopt Desired Future Conditions

Transcription

1 SB 660 New Process to Adopt Desired Future Conditions Bill Hutchison, Ph.D., P.E., P.G. LBG-Guyton Associates TWCA Groundwater Panel October 13, 2011

2 Caveat TWDB has not passed rules Districts and other interested parties should actively participate in rule making process

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4 Summary of New Process Consider 9 factors Vote on a Proposed Desired Future Condition (DFC) Send Proposed DFC to Districts 90 day comment period Each district holds a public hearing

5 Summary of New Process Each District compiles summary report: Summary of relevant comments Suggested revisions District submits summary report GMA meeting to vote on DFC GMA members draft Explanatory Report Submit DFC resolution and Explanatory Report to TWDB and Districts

6 Nine Factors 1. Aquifer uses or conditions within the management area, including conditions that differ substantially from one geographic area to another 2. The water supply needs and water management strategies included in the state water plan

7 Nine Factors 3. Hydrological conditions, including for each aquifer in the management area the total estimated recoverable storage as provided by the executive administrator, average annual recharge, inflows, and discharge

8 Nine Factors 3. Hydrological conditions, including for each aquifer in the management area the total estimated recoverable storage as provided by the executive administrator, average annual recharge, inflows, and discharge Only Data/Information that is Provided by TWDB

9 Nine Factors 4. Other environmental impacts, including impacts on spring flow and other interactions between groundwater and surface water 5. The impact on subsidence 6. Socioeconomic impacts reasonably expected to occur

10 Nine Factors 7. The impact on the interests and rights in private property, including ownership and the rights of management area landowners and their lessees and assigns in groundwater as recognized under Section

11 Nine Factors 8. The feasibility of achieving the desired future condition 9. Any other information relevant to the specific desired future conditions

12 In Addition. The desired future conditions proposed must provide a balance between the highest practicable level of groundwater production and the conservation, preservation, protection, recharging, and prevention of waste of groundwater and control of subsidence in the management area.

13 Nine Factors and Proposed DFC Statute requires that these nine factors (and the balancing ) be considered prior to voting on a proposed DFC (i.e. prior to any of the public hearings at the each of the Districts)

14 Observation GMA must consider the nine factors prior to adopting a proposed DFC The final explanatory report requires documentation of these factors Although not required in statute, a preliminary explanatory report would useful prior to adoption of the proposed DFC

15 Summary of New Process Consider 9 factors Vote on a Proposed Desired Future Condition (DFC) Send Proposed DFC to Districts 90 day comment period Each district holds a public hearing

16 Vote on Proposed DFC 10 day notice of meeting Approval = 2/3 vote of ALL Districts

17 Summary of New Process Consider 9 factors Vote on a Proposed Desired Future Condition (DFC) Send Proposed DFC to Districts 90 day comment period Each district holds a public hearing

18 District Hearings and Comments Comment period: Not less than 90 days 90 days begins on the day the proposed DFCs are mailed to the districts Post notice (10 days) and hold a public hearing

19 During Comment Period During the public comment period, the district shall make available in its office: A copy of the proposed desired future conditions Any supporting materials, such as the documentation of the nine factors Groundwater availability model run results

20 Summary of New Process Each District compiles summary report: Summary of relevant comments Suggested revisions District submits summary report GMA meeting to vote on DFC GMA members draft Explanatory Report Submit DFC resolution and Explanatory Report to TWDB and Districts

21 After the Public Hearing The district shall compile for consideration at the next joint planning meeting a summary of relevant comments received Any suggested revisions to the proposed desired future conditions The basis for the revisions

22 Summary of New Process Each District compiles summary report: Summary of relevant comments Suggested revisions District submits summary report GMA meeting to vote on DFC GMA members draft Explanatory Report Submit DFC resolution and Explanatory Report to TWDB and Districts

23 GMA Meeting After Public Hearings 10 day notice After the earlier of the date on which all the districts have submitted their district summaries or the expiration of the public comment period

24 GMA Meeting After Public Hearings Review the reports Consider any district s suggested revisions to the proposed desired future conditions, Finally adopt the desired future conditions for the management area Approval = 2/3 vote of ALL Districts

25 Summary of New Process Each District compiles summary report: Summary of relevant comments Suggested revisions District submits summary report GMA meeting to vote on DFC GMA members draft Explanatory Report Submit DFC resolution and Explanatory Report to TWDB and Districts

26 Five Requirements of Explanatory Report 1. Identify each desired future condition 2. Provide the policy and technical justifications for each desired future condition

27 Five Requirements of Explanatory Report 3. Include documentation that the nine factors listed above were considered by the districts and a discussion of how the adopted desired future conditions impact each factor 4. List other desired future condition options considered, if any, and the reasons why those options were not adopted

28 Five Requirements of Explanatory Report 5. Discuss reasons why recommendations made by advisory committees and relevant public comments received by the districts were or were not incorporated into the desired future conditions.

29 Summary of New Process Each District compiles summary report: Summary of relevant comments Suggested revisions District submits summary report GMA meeting to vote on DFC GMA members draft Explanatory Report Submit DFC resolution and Explanatory Report to TWDB and Districts

30 Submittals to TWDB and Each District Management area proof that notice was posted for the joint planning meeting A copy of the resolution Copy of the explanatory report Submittals due within 60 days of adoption

31 Post-Submittal As soon as possible after a district receives the desired future conditions resolution and explanatory report, the district shall adopt the desired future conditions in the resolution and report that apply to the district

32 Timing Not later than September 1, 2010, and every five years thereafter, the districts shall consider groundwater availability models and other data or information for the management area and shall propose for adoption desired future conditions for the relevant aquifers within the management area

33 Timing Not later than September 1, 2010, and every five years thereafter, the districts shall consider groundwater availability models and other data or information for the management area and shall propose for adoption desired future conditions for the relevant aquifers within the management area

34 Every Five Years TWDB interpretation = five years from adoption

35 Reverse Engineer a Timeline GMA 13 adopted DFCs for Sparta, Queen City and Carrizo-Wilcox Aquifers on April 9, 2010 Proposed DFC deadline = April 9, 2015

36 Prior to Proposed DFC 2012 to 2014 GMA meetings to discuss data and scope of Preliminary Report 12/31/2014 Recoverable Storage from TWDB 1/30/2015 Draft Preliminary Report 2/27/2015 Preliminary Report (9 Factors) 3/31/2015 Post Notice of GMA meeting 4/9/2015 Proposed DFC

37 Prior to Proposed DFC 2012 to 2014 GMA meetings to discuss data and scope of Preliminary Report 12/31/2014 Recoverable Storage from TWDB 1/30/2015 Draft Preliminary Report 2/27/2015 Preliminary Report (9 Factors) 3/31/2015 Post Notice of GMA meeting 4/9/2015 Proposed DFC

38 Prior to Proposed DFC 2012 to 2014 GMA meetings to discuss data and scope of Preliminary Report 12/31/2014 Recoverable Storage from TWDB 1/30/2015 Draft Preliminary Report 2/27/2015 Preliminary Report (9 Factors) 3/31/2015 Post Notice of GMA meeting 4/9/2015 Proposed DFC

39 Prior to Proposed DFC 2012 to 2014 GMA meetings to discuss data and scope of Preliminary Report 12/31/2014 Recoverable Storage from TWDB 1/30/2015 Draft Preliminary Report 2/27/2015 Preliminary Report (9 Factors) 3/31/2015 Post Notice of GMA meeting 4/9/2015 Proposed DFC

40 Prior to Proposed DFC 2012 to 2014 GMA meetings to discuss data and scope of Preliminary Report 12/31/2014 Recoverable Storage from TWDB 1/30/2015 Draft Preliminary Report 2/27/2015 Preliminary Report (9 Factors) 3/31/2015 Post Notice of GMA meeting 4/9/2015 Proposed DFC

41 Prior to Proposed DFC 2012 to 2014 GMA meetings to discuss data and scope of Preliminary Report 12/31/2014 Recoverable Storage from TWDB 1/30/2015 Draft Preliminary Report 2/27/2015 Preliminary Report (9 Factors) 3/31/2015 Post Notice of GMA meeting 4/9/2015 Proposed DFC

42 After Proposed DFC 4/9/2015 Proposed DFC 7/9/2015 Public Comment Period Closes 9/9/2015 Submittal of Final District Summary Report 9/14/15 Post notice of GMA meeting 9/24/15 GMA Meeting for Final Adoption 11/24/15 Submit to DFC and Report to TWDB

43 After Proposed DFC 4/9/2015 Proposed DFC 7/9/2015 Public Comment Period Closes 9/9/2015 Submittal of Final District Summary Report 9/14/15 Post notice of GMA meeting 9/24/15 GMA Meeting for Final Adoption 11/24/15 Submit to DFC and Report to TWDB

44 After Proposed DFC 4/9/2015 Proposed DFC 7/9/2015 Public Comment Period Closes 9/9/2015 Submittal of Final District Summary Report 9/14/15 Post notice of GMA meeting 9/24/15 GMA Meeting for Final Adoption 11/24/15 Submit to DFC and Report to TWDB

45 After Proposed DFC 4/9/2015 Proposed DFC 7/9/2015 Public Comment Period Closes 9/9/2015 Submittal of Final District Summary Report 9/14/15 Post notice of GMA meeting 9/24/15 GMA Meeting for Final Adoption 11/24/15 Submit to DFC and Report to TWDB

46 After Proposed DFC 4/9/2015 Proposed DFC 7/9/2015 Public Comment Period Closes 9/9/2015 Submittal of Final District Summary Report 9/14/15 Post notice of GMA meeting 9/24/15 GMA Meeting for Final Adoption 11/24/15 Submit to DFC and Report to TWDB

47 After Proposed DFC 4/9/2015 Proposed DFC 7/9/2015 Public Comment Period Closes 9/9/2015 Submittal of Final District Summary Report 9/14/15 Post notice of GMA meeting 9/24/15 GMA Meeting for Final Adoption 11/24/15 Submit to DFC and Report to TWDB

48 What Happens if. A district fails to hold a public hearing during the 90-day public comment period?

49 What Happens if. A district fails to submit a summary report of the public hearing?

50 What Happens if. A district recommends a revision of the proposed DFC? Does the process repeat in order to provide other districts an opportunity to take public comment on the revision?

51 What Happens if. A district votes against the proposed DFC at the GMA meeting, the final DFC at the GMA meeting, and then fails/refuses to adopt the DFC at a district meeting as required?

52 Unknown Level of detail in needed in explanatory report TWDB substantive review? Material for potential petitioners?

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54 Questions? Bill Hutchison