Consider and/or act upon Setting Two Public Hearing Dates/Times/Place and

Staff Report & Agenda Item Details

Consider and/or act upon Setting Two Public Hearing Dates/Times/Place and set a Meeting Date/Time/Place to Adopt a Tax Rate for 2019. Janet Groth made a motion to set the future public hearings to be held at the Middle Pecos Groundwater Conservation District office located at 405 North Spring Drive, Fort Stockton, TX on the following dates and times: 1 Public Hearing: August 29, 2019 at 6:30 p.m. 2" Public Hearing: September 5, 2019 at 6:30 p.m. And to set the Date to Adopt the Tax Rate on September 17, 2019, at 10:00 a.m. at the Middle Pecos Groundwater Conservation District office located at 405 North Spring Drive, Fort Stockton, TX. Motion seconded by Weldon Blackwelder. Motion passed unanimously. The Directors voting FOR: W. Blackwelder, P. Boinpally, V. Cardwell, A. Childs, Jr., R. Cooper, L. Drgac, M. R. Gonzalez, J. Groth, A. Mandujano, J. McGuairt, and J. Sims. AGAINST: -0-. PRESENT and not voting: None ABSENT: None Consider and possible action to order E&S Custom Drilling/Eduardo Loewen Wiebe (Apprentice License #60201) Drilling under Vanguard Well Resources, LLC (License #59336) and 2 landowners Jose Terrazas and Edgar Salazar to appear before the Board at a show-cause hearing under Section 15 of the District's rules regarding allegations of unlawful drilling of wells located on Alexander Road in 7-D area and to direct the General Manager to issue the hearing notice for the date of our regular September Board meeting at 10:30. In attendance regarding this matter: Euardo Wiebe/Apprentice Driller, Jose Terrazas/landowner, and Edgar Salazar/landowner. Summary of Events: Eduardo Wiebe who is an apprentice driller under Vanguard Well Resources, LLC was found to have drilled 2 water wells on East Alexander Road in the 7-D area of Fort Stockton. One well for Jose Terrazas, and one well for Edgar Salazar. On July 29", Ty Edwards talked to Mr. Wiebe — and Mr. Wiebe immediately stopped drilling. He came to the office and Mr. Edwards told him that he was in violation of not submitting a Notice of Intent to Drill, or any paperwork to the District. The licensed driller, Vanguard Drilling, will be held responsible for answering to the violations. Mr. Edwards reported that he had talked with Vanguard Drilling about a year or two ago, and at that time they were made aware of our permitting requirements such as if the well is to be drilled on 10 acres or more and if it is solely for domestic and livestock, that a XIV Middle Pecos GCD Minutes for August 13, 2019 Page 8 Notice of Intent to Drillis the first step to have a water well approved for drilling. and told him that he could approve an Exempt well. Mr. Edwards assumes that Vanguard Drilling and Mr. Wiebe understood that as ‘no-drilling-permit is required’. The well drillers reports for the two wells are submitted for your review. Both wells have 5” pvc pipe. One well for Mr. Terrazas is 166’ deep, and the well for Mr. Salazar is 204’ deep. These are basically Edwards-Trinity aquifer wells and are also in the vicinity of Comanche Springs. The water quality in the area is brackish. Texas Department of Licensing (TDLR/Adam Foster) was in Fort Stockton several days later, and Adam Foster and | visited the well sites. It was discovered that the required 10’ of cement at the surface sleeve was not present. TDLR will contact Vanguard Drilling to have them correct this soon. Texas Water Law/Chapter 36 as well as our rules, require a Permit to Drill when the well is to be drilled on less than 10 acres of land which requires Board action. Weldon Blackwelder made a motion to fine Vanguard Well Resources, LLC, $5,000 for not obtaining a proper permit. The motion died as talks continued. Janet Groth made a motion to call Vanguard Well Resources, LLC, License #59336 to appear before the Board at a show-cause hearing under Section 15 of the District's rules regarding allegations of unlawful drilling of wells located on Alexander Road in 7-D area and to direct the General Manage

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 4.6/10). Under the Bastiat Liberty Watchdog Index, voting YES on measures that cap or reduce ad valorem tax burdens, expand taxpayer exemptions, retire debt early, enforce competitive bidding caps, or remove regulatory/zoning barriers to private property rights earns a positive Pro-Liberty score.