The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. Words defined in Texas Water Code Chapter 36, Groundwater Conservation Districts, that are not defined here shall have the meanings provided in Chapter 36.

(1) Affected Person--An owner of land in the management area, a district in or adjacent to the management area, a regional water planning group with a water management strategy in the management area, a person or entity who holds or is applying for a permit from a district in the management area, a person or entity who has groundwater rights in the management area or any other person defined as affected with respect to a management area by Texas Commission on Environmental Quality rule.

(2) Agency--The Texas Water Development Board.

(3) Amount of groundwater being used on an annual basis--An estimate of the quality of groundwater annually withdrawn or flowing from wells in an aquifer for at least the most recent five years that information is available. It may include an estimate of exempt uses.

(4) Board--The governing body of the Texas Water Development Board.

(5) Brackish groundwater production zone operating permit--A permit issued by a district under Texas Water Code §36.1015.

(6) Conjunctive use--The combined use of groundwater and surface water sources that optimizes the beneficial characteristics of each source, such as water banking, aquifer storage and recovery, enhanced recharge, and joint management.

(7) Conjunctive surface management issues--Issues related to conjunctive use such as groundwater or surface water quality degradation and impacts of shifting between surface water and groundwater during shortages.

(8) Designated brackish groundwater production zone--An aquifer, subdivision of an aquifer, or geologic stratum designated under Texas Water Code §16.060(b)(5).

(9) Desired future condition--The desired, quantified condition of groundwater resources (such as water levels, spring flows, or volumes) within a management area at one or more specified future times as defined by participating groundwater conservation districts within a groundwater management area as part of the joint planning process.

(10) District--Any district or authority subject to Chapter 36, Texas Water Code.

(11) Executive administrator--The executive administrator of the Texas Water Development Board or a designated representative.

(12) Groundwater Availability Model--A regional groundwater flow model approved by the executive administrator.

(13) Major aquifer--An aquifer designated as a major aquifer in the State Water Plan.

(14) Minor aquifer--An aquifer designated as a minor aquifer in the State Water Plan.

(15) Modeled Available Groundwater--The amount of water that the executive administrator determines may be produced on an average annual basis to achieve a desired future condition.

(16) Most efficient use of groundwater--Practices, techniques, and technologies that a district determines will provide the least consumption of groundwater for each type of use balanced with the benefits of using groundwater.

(17) Natural resources issues--Issues related to environmental and other concerns that may be affected by a district's groundwater management plan and rules, such as impacts on endangered species, soils, oil and gas production, mining, air and water quality degradation, agriculture, and plant and animal life.

(18) Office--State Office of Administrative Hearings.

(19) Petition--A document submitted to the groundwater conservation district by an affected person appealing the reasonableness of a desired future condition.

(20) Projected water demand--The quantity of water needed on an annual basis according to the state water plan for the state water plan planning period.

(21) Recharge enhancement--Increased recharge accomplished by the modification of the land surface, streams, or lakes to increase seepage or infiltration rates or by the direct injection of water into the subsurface through wells.

(22) Relevant aquifer--An aquifer designated as a major or minor aquifer.

(23) State water plan--The most recent state water plan adopted by the board under Texas Water Code §16.051 (relating to State Water Plan).

(24) Surface water management entities--Political subdivisions as defined by Texas Water Code Chapter 15 and identified from Texas Commission on Environmental Quality records that are granted authority under Texas Water Code Chapter 11 to store, take, divert, or supply surface water either directly or by contract for use within the boundaries of a district.

(25) Total Estimated Recoverable Storage--The estimated amount of groundwater within an aquifer that accounts for recovery scenarios that range between 25% and 75% of the porosity-adjusted aquifer volume.

Source Note: The provisions of this §356.10 adopted to be effective December 31, 2012, 37 TexReg 10238; amended to be effective November 26, 2014, 39 TexReg 9209; amended to be effective June 23, 2016, 41 TexReg 4491; amended to be effective February 11, 2021, 46 TexReg 931