File #: AI 13-2217    Version: Name: Proposed Rules Base Irrigation Groundwater Conversion
Type: Action Item Status: Passed
File created: 8/28/2019 In control: Board of Directors
On agenda: 9/10/2019 Final action: 9/10/2019
Title: Consider recommendation from the Executive Committee to approve Proposed Rules related to the following Chapters of the EAA rules: Chapter 702 (Definitions); Chapter 707 (Procedure Before the Authority), Suchapters E (Actions on Applications) and F (Procedures for Contested Case Hearings); Chapter 709 (Fees), Subchapters B (Registration Fees), C (Permit Application Fees), D (Aquifer Management Fees), and E (Administrative Fees); Chapter 713 (Water Quality), Subchapters C (Well Construction, Operation, and Maintenance) and D (Well Closures); and Chapter 717 (Enforcement).
Attachments: 1. Proposed_rules_re__SB_520_(NBU_ASR_bill)_(2019_and_HB_2729_(2019)Clean, 2. Proposed_rules_re__SB_520_(NBU_ASR_bill)_(2019_and_HB_2729_(2019)Redlined
Title
Consider recommendation from the Executive Committee to approve Proposed Rules related to the following Chapters of the EAA rules: Chapter 702 (Definitions); Chapter 707 (Procedure Before the Authority), Suchapters E (Actions on Applications) and F (Procedures for Contested Case Hearings); Chapter 709 (Fees), Subchapters B (Registration Fees), C (Permit Application Fees), D (Aquifer Management Fees), and E (Administrative Fees); Chapter 713 (Water Quality), Subchapters C (Well Construction, Operation, and Maintenance) and D (Well Closures); and Chapter 717 (Enforcement).

Body
RECOMMENDED MOTION:

Move the board approve Proposed Rules related to the following Chapters of the EAA rules: Chapter 702 (Definitions); Chapter 707 (Procedure Before the Authority), Suchapters E (Actions on Applications) and F (Procedures for Contested Case Hearings); Chapter 709 (Fees), Subchapters B (Registration Fees), C (Permit Application Fees), D (Aquifer Management Fees), and E (Administrative Fees); Chapter 713 (Water Quality), Subchapters C (Well Construction, Operation, and Maintenance) and D (Well Closures); and Chapter 717 (Enforcement).


SUMMARY:

The purpose of this agenda item is for the board to consider an Executive Committee recommendation to recommend approval of Proposed Rules regarding the implementation of HB 2729, SB 520, the implementation of a portion of HB 3656, and an additional requirement for the construction of exempt Edwards Aquifer wells.

This proposed rulemaking incorporates amendments to the EAA Act resulting from the passage of HB2729 during the 86th Regular Session of the Texas Legislature. The amendments HB 2729 clarified that Chapter 36 as a whole does not apply to the Authority and directly incorporated language from Chapter 36 that was not otherwise contained in Chapter 49. In addition, the bill also removed two provisions within the Act that had become obsolete. The bill was inteded to accomplish three things: (1) eliminate confusion b...

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