(a) The desired future conditions must be approved by a resolution adopted by the districts in a groundwater management area not later than January 5, 2022, in accordance with Texas Water Code §36.108. Subsequent desired future conditions must be proposed and finally adopted by the district representatives before the end of each successive five-year period after that date.
(b) The districts in a groundwater management area may, as part of the process for adopting and submitting desired future conditions, propose classification of a portion or portions of a relevant aquifer as non-relevant if the districts determine that aquifer characteristics, groundwater demands, and current groundwater uses do not warrant adoption of a desired future condition. In such a case no desired future condition is required. The districts must submit the following documentation to the agency related to the portion of the relevant aquifer proposed to be classified as non-relevant:
  (1) A description, location, and/or map of the aquifer or portion of the aquifer;
  (2) A summary of aquifer characteristics, groundwater demands, and current groundwater uses, including the total estimated recoverable storage as provided by the executive administrator, that support the conclusion that desired future conditions in adjacent or hydraulically connected relevant aquifer(s) will not be affected; and
  (3) An explanation of why the aquifer or portion of the aquifer is non-relevant for joint planning purposes.

Source Note: The provisions of this §356.31 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective April 11, 2018, 43 TexReg 2157