gcd's - joint and regional planning_velma danielson

GCDs ̶ Joint and Regional Planning

Presentation

TAGD Leadership Training October 27, 2016

GCDandGMAJointPlanningOverview

What is joint planning? •  Joint Planning by Groundwater Conservation Districts (GCDs) in

Groundwater Management Areas (GMAs) Required ̶ §36.108 - Texas Water Code (TWC)

What is a GMA?

•  Creation of GMAs authorized ̶ §35.001 - TWC

•  Texas Water Development Board (TWDB) Responsibility to Delineate GMAs ̶ §35.004 - TWC; §§356.20-356.22 - Texas Administrative Code (TAC)

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Source: TWDB, October 2016

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What is a desired future condition (DFC)?

•  DFC Defined ̶ §36.001(30) - TWC: Ø “(30) Desired future condition means a quantitative description,

adopted in accordance with Section 36.108, of the desired condition of the groundwater resources in a management area at one or more specified future times.”

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What is the joint planning process to develop DFCs?

•  GCDs Consider Groundwater Availability Models (GAM)/Data/Information and Propose DFCs for Adoption for Relevant Aquifers (No Later Than 9/1/10 and Every 5 Years After), and 9 Factors ̶ §36.108(d) - TWC; §356.31(a) - TAC

•  GCDs May Establish Different DFCs for Relevant Aquifer/Subdivisions in GMA ̶ §36.108(d-1) - TWC

•  GCDs in GMA May Propose Portion(s) of Aquifers as Non-Relevant for Joint Planning Purposes – §356.31 - TAC

•  “Balance Test” for DFCs and DFC Proposal Process ̶ §36.108(d-2) -

TWC

•  GMA DFC Adoption Process, Explanatory Report (ER) Content (5 Elements) and DFC Submission to TWDB ̶ §36.108(d-3) - TWC

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What is the joint planning process to develop DFCs? (continued) •  GCD DFC and ER Adoption (as Applicable) ̶ §36.108(d-4) - TWC

•  GMA Meeting Notice Requirements ̶ §36.108(e) - TWC

•  GCDs in GMA Submit to TWDB Adopted DFCs, GMA Meeting Notice Posting Proof, and ER No Later Than 60 Days After GMA Adoption – §36.1084(a) - TWC

•  GCDs Submit ER, GMA Resolution, Posted GMA Meeting Notice, GMA Representative Name, Groundwater Availability Model (GAM) Files or Aquifer Assessments (AAs), and Other Information ED May Require to TWDB Executive Administrator (EA) No Later Than 60 Days After GMA Action ̶ §356.32 - TAC

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What happens after the DFCs are submitted? •  Administrative Completeness of Submission Package; TWDB EA to

Advise of Administratively Complete (AC) or Notice of Deficiencies ̶ §356.33 - TAC

•  GCDs Adopt DFCs As Soon As Possible After TWDB AC Determination of DFC Package ̶ §356.34 - TAC

•  TWDB Provides GCDs and Regional Water Planning Groups (RWPGs)

in GMA with Modeled Available Groundwater (MAG) Based on Adopted DFCs – §36.1084(b) - TWC

•  TWDB EA Provides MAGs for DFCs to GCDs in GMA and RWPGs No Later Than 180 Days After AC Notice ̶̶ §356.35 - TAC

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What happens after the DFCs are submitted? (continued) •  MAGs Defined ̶ §36.001(25) - TWC as: Ø “(25) Modeled available groundwater means the amount of water that

the executive administrator determines may be produced on an average annual basis to achieve a desired future condition established under Section 36.108.”

•  GCDs to Ensure Management Plans Consistent with Achieving DFCs ̶ §36.1085 - TWC

•  GCDs, to Extent Possible, Issue Permits Up to Total Permitted and

Exempt Groundwater Production Will Achieve DFCs – §36.1132(a) - TWC

•  In Issuing Permits, GCDs to Manage Total Groundwater Production on Long-Term Basis to Achieve DFC, and Consider MAGs Along With Other Factors ̶ §36.1132(b) - TWC

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Other considerations regarding DFCs?

•  Lack of Incorporating DFCs into GCD Rules and Management Plan Bases for TCEQ Inquiry Petition ̶ §36.3011(b) - TWC;

Ø  Specifically, if GCD Fails to: o  Participate in Joint Planning

o  Adopt Applicable DFCs

o  Update Management Plan Before 2nd Anniversary of GMA DFC Adoption

o  Update Rules to Implement Applicable DFCs Before 1st Anniversary When GCD Updated Management Plan with Adopted DFCs

o  Adopt Rules Designed to Achieve Adopted DFCs

•  GCDs May Consider ASR Hydrogeologic Conditions in Planning for and Monitoring DFC Achievement – §36.456 - TWC

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Other considerations regarding DFCs?

•  GCD Management Plan Must Contain Goal to Address DFCs Per §36.108 of the TWC, and Include GCD MAG and Other Estimates ̶̶ §356.52 - TAC

•  Provides for Amendments to Management Plans, including Amendments for Newly Developed DFCs and MAGs ̶ §356.56 - TAC

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Can adopted DFCs be appealed?

•  State Office of Administrative Hearings (SOAH) Process to Appeal Adopted DFCs ̶ §36.1083 - TWC; §§356.40-356.42 - TAC

Ø  Process Triggered if Petition Filed No Later Than 120 Days After GCD Adopts DFCs ̶ §36.1083(b) - TWC

•  District Court or Judicial Appeal of Adopted DFC – §36.10835 - TWC

Ø  Process Triggered if Appeal Filed No Later Than 45 Days After GCD Issues Final Order – §36.10835(a) - TWC

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Is there a deadline to complete the joint planning process and what is the status? •  GCDs Consider GAM/Data/Information and Propose DFCs for Adoption

for Relevant Aquifers (No Later Than 9/1/10 and Every 5 Years After), and 9 Factors ̶ §36.108(d) - TWC

•  Proposals to Adopt DFCs For Relevant GMA Aquifers Not Required Before 5/1/16 ̶ §36.108(d-5) - TWC

•  GMA Progress to Complete Joint Planning Second Cycle Varies

•  Next Joint Planning Deadline Reverts to 9/1/20 (Propose for Adoption DFCs for Relevant GMA Aquifers)

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Considerations moving forward? •  Joint Planning Second-Round With New Requirements Not Complete

•  Upcoming 2017 Session of Texas Legislature

•  Funding for Joint Planning Process

•  GCD/GMA Continuous Joint Planning Cycle

•  Updating GCD Management Plans and Rules with DFCs

•  Impact of DFC Appeals Processes on Joint and Regional Planning

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GCDandGMARegionalWaterPlanningOverview

What is regional water planning? •  State Water Plan (SWP) and Regional Water Plan (RWP)

Development Specified ̶ §§16.051 and 16.053 - TWC

•  Further Defined ̶ Chapters 357 and 358 - TAC

What is a regional water planning area?

•  Regional Water Planning Area (RWPA) Designations and Revisions ̶ §16.053(b) - TWC; §§357.11(a)-(b) - TAC

What are regional water planning groups?

•  Regional Water Planning Group (RWPG) Designations and Membership – §16.053(c) - TWC; §§357.11(c)-(e) - TAC

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What role do GCDs and GMAs play in regional water planning?

•  GCDs Submit Management Plans to RWPGs ̶ §356.37 - TAC

•  RWPG Voting Members Include Water District and GMA Representatives in RWPG ̶ §357.11(d) - TAC

•  GCD and GMA DFCs and TWDB MAGs Provide Groundwater Availability Amounts to RWPGs

•  RWPGs Direction on Use and Consideration of MAGs in RWP; MAGs Used in RWP Consistent with DFCs as Date of Most Recently Adopted SWP, or at RWPG Discretion if After SWP Adoption ̶ §357.32(d) - TAC

•  GCD and GMA Members of RWPGs Increases Coordination and Communication on RWP

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Other considerations regarding DFCs, MAGs and regional water planning? •  RWPGs May Not Recommend Water Management Strategy (WMS)

Supply Volumes Exceeding MAGs - TWDB Regional Water Planning Guidelines

•  Region L 2016 Plan Example - Certain WMS Show “0” Groundwater Available or Modified Amounts Downward Because Project Exceeds Aquifer MAG

Considerations moving forward? •  Timing of DFC Adoption and SWP/RWP Processes

•  Impact of DFC Appeals Processes on Joint and Regional Planning

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GCDs ̶ Joint and Regional Planning Presentation

Questions?

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gcd's - joint and regional planning_velma danielson

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