9 • FINANCEMiddle Pecos Groundwater Conservation District (Pecos County)

PUBLIC HEARING ON PRODUCTION PERMIT

Presented in: Middle Pecos GCD Board Meeting - 2020-01-21 on 2020-01-21

Official Roll-Call Vote

Restrains Gov't • 5.0/10 Impact Weight

PASSED (4 - 0)

“vi vit Vill Vanessa Cardwell made a motion to approve the production permit for Dustin Herschap. Motion seconded by M. R. Gonzalez. Motion carried unanimously. Vote: 9For”

M. R. Gonzalez

Director, Precinct 1 Place 1 (Precinct 1 Place 1)

YES

Wayne Tinkler

Director, Iraan Representative (Iraan Representative)

YES

Jeff Sims

Director, Precinct 3 Place 2 (Precinct 3 Place 2)

YES

Vanessa Cardwell

Director, Precinct 4 Place 2 (Precinct 4 Place 2)

YES

Weldon Blackwelder

Director, At-Large Representative (At-Large Representative)

ABSENT

Staff Report & Agenda Item Details

PUBLIC HEARING ON PRODUCTION PERMIT APPLICATION FOR DUSTIN L. HERSCHAP. Call to order at 10:59 a.m. the public hearing on Application for a Production Permit for Dustin L. Herschap. Party representing application: Dustin L. Herschap Protestant to application: None. Public Comment: None. The application was declared uncontested. General Manager Ty Edwards: Dustin L. Herschap has made application for a Production Permit for 1 well located on 483.69 acres (Property Id# 6737) Legal Description: 9411 48-8 T&P Sec 14 E/2 NW/4, approximately 1.5 miles west of FM 1776 on Weatherby Road in Pecos County, Texas. The application request authorization to produce 100 acre-feet/year for Industrial Use from the Pecos Valley Aquifer. This well (MPGCD#2005100404) was granted a replacement well to be drilled. There is a solar farm nearby that needs water temporarily for 1 year for construction. Once the construction is completed, Mr. Herschap would like to keep the permit and possibly sell water to the oil and gas industry. This well has Historic and Existing Use permits for Irrigation/CRP that will be coming out of CRP, and he will be farming. There is a new monitor well on this section. Dustin Herschap was sworn in: Currently has a permit for irrigation. He would like to sell to the oil field and to the solar facility. A pump test on the well pumped 185 gallons per minute, and the total dissolved solids is under 1,000. Adjourn Hearing and consider and/or act on Application for a Production Permit for Dustin L. Herschap. President Jerry McGuairt adjourned the hearing at 11:09 a.m. Minutes of January 21, 2020 Board Meeting Page 7 vi vit Vill Vanessa Cardwell made a motion to approve the production permit for Dustin Herschap. Motion seconded by M. R. Gonzalez. Motion carried unanimously. Vote: 9For. -0- Against. 2 Absent. REGULAR BOARD MEETING —- CONTINUED The Regular Meeting reconvened at 11:09 a.m.

Bastiat Liberty & Property Rights Analysis

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 5.0/10). 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.