(a) The executive director shall give notice to the board of directors of the existing groundwater conservation district (GCD), if the commission issues an order under §294.42 of this title (relating to Commission Action Concerning PGMA Designation), or under §293.19 of this title (relating to Creation of a Groundwater Conservation District in a Priority Groundwater Management Area) recommending that a priority groundwater management area (PGMA) or a portion of a PGMA be added to an existing GCD. The executive director shall provide a copy of the order to the board of directors of the existing GCD to which the commission is recommending the PGMA be added and to any other existing GCDs adjacent to the PGMA.
(b) Within 120 days after receipt of the notice provided under subsection (a) of this section, the board of directors of the existing GCD shall advise the commission of the outcome of the board of directors vote to add the PGMA or a portion of the PGMA under Texas Water Code (TWC), §35.013.
(c) If the board of directors of the GCD votes not to pursue addition of the PGMA as recommended by the commission, the commission shall either:
  (1) within one year create one or more GCDs according to TWC, §36.0151 and §293.19 of this title; or
  (2) recommend the area be added to another existing GCD as provided by this section.
(d) If the commission determines that creating a district under TWC, Chapter 36 within the boundaries of a designated PGMA is not appropriate or capable of protecting the groundwater resources for a particular management area or PGMA and all efforts to add a PGMA to one or more GCDs have failed, the commission may recommend to the legislature under TWC, §35.018(c), in its biennial report, whether legislative action should be taken to create a special law district or amend an existing district's authority to manage the groundwater resources in the PGMA.

Source Note: The provisions of this §294.44 adopted to be effective February 21, 1999, 24 TexReg 965; amended to be effective August 29, 2002, 27 TexReg 7954; amended to be effective August 16, 2012, 37 TexReg 6068