Region C and the Region D 2016 Plan Interregional Conflict, Timeline, and Resolution | Texas Water Development Board

Region C and Region D 2016 Plan Interregional Conflict

At the September 9, 2015 board meeting, the Texas Water Development Board (TWDB) Board members (Board) found that an interregional conflict existed between the 2016 Region C and Region D Initially Prepared Plans (IPP), as set forth in Section 16.053 of the Texas Water Code, Title 31 Texas Administrative Code Chapter 357, and the precedent set by the 11th Court of Appeals in Texas Water Development Board vs. Ward Timber, Ltd., and encouraged the regional water planning groups (RWPG) to engage in mediation to attempt to resolve the conflict.

On October 5, 2015, representatives of the two regions met in mediation and discussed the issues related to the current conflict in their 2016 regional water plans relating to the Marvin Nichols Reservoir. Region C and D agreed to resolve the conflict between their IPPs through four points of agreement

Read the full text of the Agreement.

Timeline

  • December 14, 2015 - TWDB approves the adopted 2016 Region C and 2016 Region D Regional Water Plans.
  • November 9, 2015 - Region C ratifies agreement and adopts resolution recommending no new water rights application for new reservoirs in Region D.
  • October 21, 2015 - Region D ratifies agreement.
  • October 5, 2015 - Representatives of Regions C and D meet in mediation, agree to resolve conflict through four points of agreement.
  • September 9, 2015 - Board resolution that an interregional conflict exists between the 2016 Region C and D IPPs, with direction to RWPGs to actively engage in mediation.
  • August 25, 2015 - Region D submits brief to TWDB General Counsel.
  • August 24, 2015 - Region C submits brief to TWDB General Counsel.
  • August 6, 2015 - TWDB General Counsel notice to Region C and D of potential interregional conflict identified by Region D; invitation to submit briefs in advance of 9/9/2015 oral arguments.
  • July 21, 2015 - Region D submits letter to EA stating conflict of Marvin Nichols in Region C 2016 IPP with Region D 2016 IPP.
  • March 9, 2015 - EA letter to RWPGs requesting submittal of potential interregional conflicts in the 2016 RWPs to TWDB.
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