Title WA, Water Code

Sec. 36.406. HEARING PROCEDURES. (a) A hearing must be conducted by: (1) a quorum of the board; (2) an individual to whom the board has delegated in writing the responsibility to preside as a hearings examiner over the hearing or matters related to the hearing; or (3) the State O…

Sec. 36.407. EVIDENCE. (a) The presiding officer shall admit evidence that is relevant to an issue at the hearing. (b) The presiding officer may exclude evidence that is irrelevant, immaterial, or unduly repetitious. Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, ef…

Sec. 36.408. RECORDING. (a) Except as provided by Subsection (b), the presiding officer shall prepare and keep a record of each hearing in the form of an audio or video recording or a court reporter transcription. On the request of a party to a contested hearing, the presiding of…

Sec. 36.409. CONTINUANCE. (a) The presiding officer may continue a hearing from time to time and from place to place without providing notice under Section 36.404. (b) If the presiding officer continues a hearing without announcing at the hearing the time, date, and location of t…

Sec. 36.410. PROPOSAL FOR DECISION. (a) Except as provided by Subsection (e), the presiding officer shall submit a proposal for decision to the board not later than the 30th day after the date the evidentiary hearing is concluded. (b) The proposal for decision must include: (1) a…

Sec. 36.411. BOARD ACTION. (a) The board shall act on a permit or permit amendment application not later than the 60th day after the date the final hearing on the application is concluded. (b) The board shall ensure a decision on a permit or permit amendment application is timely…

Sec. 36.412. REQUEST FOR REHEARING OR FINDINGS OF FACT AND CONCLUSIONS OF LAW. (a) An applicant in a contested or uncontested hearing on an application or a party to a contested hearing may administratively appeal a decision of the board on a permit or permit amendment applicatio…

Sec. 36.413. DECISION; WHEN FINAL. (a) A decision by the board on a permit or permit amendment application is final: (1) if a request for rehearing is not filed on time, on the expiration of the period for filing a request for rehearing; or (2) if a request for rehearing is filed…

Sec. 36.414. CONSOLIDATED HEARING ON APPLICATIONS. (a) Except as provided by Subsection (b), a district shall process applications from a single applicant under consolidated notice and hearing procedures on written request by the applicant if the district requires a separate perm…

Sec. 36.415. RULES; ADDITIONAL PROCEDURES. (a) A district by rule shall adopt procedural rules to implement this subchapter and may adopt notice and hearing procedures in addition to those provided by this subchapter. (b) In adopting the rules, a district shall: (1) define under …

Sec. 36.416. HEARINGS CONDUCTED BY STATE OFFICE OF ADMINISTRATIVE HEARINGS; RULES. (a) If a district contracts with the State Office of Administrative Hearings to conduct a hearing, the hearing shall be conducted as provided by Subchapters C, D, and F, Chapter 2001, Government Co…

Sec. 36.4165. FINAL DECISION; CONTESTED CASE HEARINGS. (a) In a proceeding for a permit application or amendment in which a district has contracted with the State Office of Administrative Hearings for a contested case hearing, the board has the authority to make a final decision …

Sec. 36.417. RULES; ALTERNATIVE DISPUTE RESOLUTION. A district by rule may develop and use alternative dispute resolution procedures in the manner provided for governmental bodies under Chapter 2009, Government Code. Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, ef…

Sec. 36.418. RULES; CONTESTED CASE HEARINGS; APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT. (a) A district may adopt rules establishing procedures for contested hearings consistent with Subchapters C, D, and F, Chapter 2001, Government Code, including the authority to issue a sub…

Sec. 36.451. DEFINITIONS. In this subchapter, "aquifer storage and recovery project," "ASR injection well," "ASR recovery well," and "project operator" have the meanings assigned by Section 27.151. Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 4, eff. June 16, 201…

Sec. 36.452. APPLICABILITY TO RECOVERY WELLS THAT ALSO FUNCTION AS INJECTION WELLS. Notwithstanding Section 27.152, this subchapter applies to an ASR recovery well that also functions as an ASR injection well. Added by Acts 2015, 84th Leg., R.S., Ch. 505 (H.B. 655), Sec. 4, eff. …

Sec. 36.453. REGISTRATION AND REPORTING OF WELLS. (a) A project operator shall: (1) register the ASR injection wells and ASR recovery wells associated with the aquifer storage and recovery project with any district in which the wells are located; (2) each calendar month by the de…

Sec. 36.454. PERMITTING, SPACING, AND PRODUCTION REQUIREMENTS. (a) Except as provided by Subsection (b), a district may not require a permit for the drilling, equipping, operation, or completion of an ASR injection well or an ASR recovery well that is authorized by the commission…

Sec. 36.455. FEES AND SURCHARGES. (a) A district may not assess a production fee or a transportation or export fee or surcharge for groundwater recovered from an ASR recovery well, except to the extent that the amount of groundwater recovered under the aquifer storage and recover…

Sec. 36.456. DESIRED FUTURE CONDITIONS. A district may consider hydrogeologic conditions related to the injection and recovery of groundwater as part of an aquifer storage and recovery project in the planning for and monitoring of the achievement of a desired future condition for…

Sec. 36.457. OTHER LAWS NOT AFFECTED. This subchapter does not affect the ability to regulate groundwater as authorized under: (1) Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, for the Edwards Aquifer Authority; (2) Chapter 8801, Special District Local Laws Co…