Tex. Codes » Water Code · TITLE 2. WATER ADMINISTRATION · SUBTITLE E. GROUNDWATER MANAGEMENT · CHAPTER 36. GROUNDWATER CONSERVATION DISTRICTS
Texas Codes

Tex. Water Code § 36.412 (2026)

Request For Rehearing Or Findings Of Fact And Conclusions Of Law

✓ laws through the 89th Legislature (2025)
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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 application by making a request in writing to the board.

(a-1) A party seeking to appeal a decision by the board must request written findings of fact and conclusions of law not later than the 20th day after the date of the board's decision unless the board issued findings of fact and conclusions of law as part of the final decision.

(b) On receipt of a timely written request under Subsection (a-1), the board shall make written findings of fact and conclusions of law regarding a decision of the board on a permit or permit amendment application. The board shall provide certified copies of the findings of fact and conclusions of law to the person who requested them, and to each designated party, not later than the 35th day after the date the board receives the request.

(b-1) A party to a contested hearing may request a rehearing not later than the 20th day after the date the board issues the findings of fact and conclusions of law.

(c) A request for rehearing must be filed in the district office and must state the grounds for the request. If the original hearing was a contested hearing, the party requesting a rehearing must provide copies of the request to all parties to the hearing.

(d) If the board grants a request for rehearing, the board shall schedule the rehearing not later than the 45th day after the date the request is granted.

(e) The failure of the board to grant or deny a request for rehearing before the 91st day after the date the request is submitted is a denial of the request.

(f) The board shall consolidate requests for rehearing filed by multiple parties to the contested case hearing, but only one rehearing may be considered per matter.

Added by Acts 2005, 79th Leg., Ch. 970 (H.B. 1763), Sec. 17, eff. September 1, 2005.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 405 (H.B. 2179), Sec. 7, eff. June 10, 2015.

Acts 2023, 88th Leg., R.S., Ch. 436 (H.B. 1971), Sec. 5, eff. June 9, 2023.

Acts 2023, 88th Leg., R.S., Ch. 436 (H.B. 1971), Sec. 6, eff. June 9, 2023.

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2012–2026 · leading case: Pecos Cnty. v. Fort Stockton Holdings, L.P., 457 S.W.3d 451 (Tex. App.—El Paso 2014).
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Pecos Cnty. v. Fort Stockton Holdings, L.P., 457 S.W.3d 451 (Tex. App.—El Paso 2014). · cites it 4× “The board must provide certified copies of the findings and conclusions to the person who requested them, and to each person who provided comments or each designated party, not later than the 35th day after the date the board receives the request.”
Cockrell Inv. Partners, L.P. v. Middle Pecos Groundwater Conservation Dist. & Its Bd. President Jerry McGuairt, 731 S.W.3d 331 (Tex. 2026). · cites it 3× “Tex. Water Code §§ 36.412(a), (a-1), (b-1), .”
Pecos Cnty. v. Fort Stockton Holdings, L. P., No. 08-12-00343-CV (Tex. App.—El Paso July 30, 2014). · cites it 4× “When the board receives a timely written request, it is required to make written 2 The other appellants are also political subdivisions entitled to governmental immunity, but the focus of their pleas to the jurisdiction is FSH’s failure to comply with the jurisdictional…”
Lost Pines Groundwater Conservation Dist. Aqua Water Supply Corp. City of Elgin Env't Stewardship Recharge Water, LP v. Lower Colorado River Auth., No. 03-23-00303-CV (Tex. App.—Austin June 28, 2024). · cites it 2× “See Tex. Water Code § 36.412(e) (“The failure of the board to grant or deny a request for rehearing before the 91st day after the date the request is submitted is a denial of the request.”
Lost Pines Groundwater Conservation Dist. Aqua Water Supply Corp. City of Elgin Env't Stewardship Recharge Water, LP v. Lower Colorado River Auth., No. 03-23-00303-CV (Tex. App.—Austin June 28, 2024). · cites it 2× “” Tex. Water Code § 36.412(a). Sections 2001.”
Steve Schwerin v. Nueces Cnty. Juv. Bd., No. 13-10-00451-CV (Tex. App.—Corpus Christi May 31, 2012). · cites it 2× “” TEX. WATER CODE ANN. § 36.412(c) (emphasis added).”
Cockrell Inv. Partners, L.P. v. Middle Pecos Groundwater Conservation Dist., No. 08-21-00200-CV (Tex. App.—El Paso July 10, 2023). “See TEX. WATER CODE ANN. § 36.412(e). Here, the motion would not be denied by operation of law until October 5, 2020.”
Tex. Water Code § 36.412(a): 4 cases
Pecos Cnty. v. Fort Stockton Holdings, L.P., 457 S.W.3d 451 (Tex. App.—El Paso 2014). “The board must provide certified copies of the findings and conclusions to the person who requested them, and to each person who provided comments or each designated party, not later than the 35th day after the date the board receives the request.”
Lost Pines Groundwater Conservation Dist. Aqua Water Supply Corp. City of Elgin Env't Stewardship Recharge Water, LP v. Lower Colorado River Auth., No. 03-23-00303-CV (Tex. App.—Austin June 28, 2024). “” Tex. Water Code § 36.412(a). Sections 2001.”
Cockrell Inv. Partners, L.P. v. Middle Pecos Groundwater Conservation Dist. & Its Bd. President Jerry McGuairt, 731 S.W.3d 331 (Tex. 2026). “Tex. Water Code §§ 36.412(a), (a-1), (b-1), .”
Pecos Cnty. v. Fort Stockton Holdings, L. P., No. 08-12-00343-CV (Tex. App.—El Paso July 30, 2014). “When the board receives a timely written request, it is required to make written 2 The other appellants are also political subdivisions entitled to governmental immunity, but the focus of their pleas to the jurisdiction is FSH’s failure to comply with the jurisdictional…”
Tex. Water Code § 36.412(b): 2 cases
Pecos Cnty. v. Fort Stockton Holdings, L.P., 457 S.W.3d 451 (Tex. App.—El Paso 2014). “The board must provide certified copies of the findings and conclusions to the person who requested them, and to each person who provided comments or each designated party, not later than the 35th day after the date the board receives the request.”
Pecos Cnty. v. Fort Stockton Holdings, L. P., No. 08-12-00343-CV (Tex. App.—El Paso July 30, 2014). “When the board receives a timely written request, it is required to make written 2 The other appellants are also political subdivisions entitled to governmental immunity, but the focus of their pleas to the jurisdiction is FSH’s failure to comply with the jurisdictional…”
Tex. Water Code § 36.412(c): 3 cases
Pecos Cnty. v. Fort Stockton Holdings, L.P., 457 S.W.3d 451 (Tex. App.—El Paso 2014). “The board must provide certified copies of the findings and conclusions to the person who requested them, and to each person who provided comments or each designated party, not later than the 35th day after the date the board receives the request.”
Steve Schwerin v. Nueces Cnty. Juv. Bd., No. 13-10-00451-CV (Tex. App.—Corpus Christi May 31, 2012). “” TEX. WATER CODE ANN. § 36.412(c) (emphasis added).”
Pecos Cnty. v. Fort Stockton Holdings, L. P., No. 08-12-00343-CV (Tex. App.—El Paso July 30, 2014). “When the board receives a timely written request, it is required to make written 2 The other appellants are also political subdivisions entitled to governmental immunity, but the focus of their pleas to the jurisdiction is FSH’s failure to comply with the jurisdictional…”
Tex. Water Code § 36.412(e): 6 cases
Pecos Cnty. v. Fort Stockton Holdings, L.P., 457 S.W.3d 451 (Tex. App.—El Paso 2014). “The board must provide certified copies of the findings and conclusions to the person who requested them, and to each person who provided comments or each designated party, not later than the 35th day after the date the board receives the request.”
Lost Pines Groundwater Conservation Dist. Aqua Water Supply Corp. City of Elgin Env't Stewardship Recharge Water, LP v. Lower Colorado River Auth., No. 03-23-00303-CV (Tex. App.—Austin June 28, 2024). “See Tex. Water Code § 36.412(e) (“The failure of the board to grant or deny a request for rehearing before the 91st day after the date the request is submitted is a denial of the request.”
Cockrell Inv. Partners, L.P. v. Middle Pecos Groundwater Conservation Dist. & Its Bd. President Jerry McGuairt, 731 S.W.3d 331 (Tex. 2026). “Tex. Water Code §§ 36.412(a), (a-1), (b-1), .”
Cockrell Inv. Partners, L.P. v. Middle Pecos Groundwater Conservation Dist., No. 08-21-00200-CV (Tex. App.—El Paso July 10, 2023). “See TEX. WATER CODE ANN. § 36.412(e). Here, the motion would not be denied by operation of law until October 5, 2020.”
Lost Pines Groundwater Conservation Dist. Aqua Water Supply Corp. City of Elgin Env't Stewardship Recharge Water, LP v. Lower Colorado River Auth., No. 03-23-00303-CV (Tex. App.—Austin June 28, 2024). “” Tex. Water Code § 36.412(a). Sections 2001.”
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