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i • FINANCEMiddle Pecos Groundwater Conservation District (Pecos County)

A well qualifying for exemption under this subsection must

Presented in: Middle Pecos GCD Board Meeting - 2019-09-17 on 2019-09-17
Meeting Agenda PDF

Official Roll-Call Vote

Restrains Gov't • 4.5/10 Impact Weight
PASSED (2 - 0)
“it is also for not following our rules. Janet Groth made a motion to fine Vanguard Well Resources, LLC, $5,000. Payment is due within 30 days of today’s date which is October 17, 2019. And, both wells are to be brought into compliance with the Texas Department of Licensing and Regulation (TDLR) standards within 90 days of today’s date which is December 16, 2019; and the corrected State of Texas Well Reports for each well are to be submitted to the District. A letter explaining the violations penalties set today shall be sent to Vanguard Well Resources, LLC. Failure to timely remit payment to the Middle Pecos Groundwater Conservation District (District) and bring both wells into compliance with TDLR standards as stated above will result in the District filing a lawsuit against Vanguard Well Resources, LLC, in Pecos County District Court. Motion seconded by M. R. Gonzalez. Motion carried. Vote: 6 For”
MR
M. R. Gonzalez
Director, Precinct 1 Place 1 (Precinct 1 Place 1)
YES
WT
Wayne Tinkler
Director, Iraan Representative (Iraan Representative)
YES
PB
Puja Boinpally
Director, Precinct 1 Place 2 (Precinct 1 Place 2)
ABSENT
JS
Jeff Sims
Director, Precinct 3 Place 2 (Precinct 3 Place 2)
ABSENT
VC
Vanessa Cardwell
Director, Precinct 4 Place 2 (Precinct 4 Place 2)
ABSENT

Staff Report & Agenda Item Details

i. A well qualifying for exemption under this subsection must observe a minimum distance of 50 feet from the property line and 50 feet from other wells. _ li. For purposes of an exemption under this subsection, the terms “livestock use” and “poultry use” do not include livestock or poultry operations that fall under the definition of “Animal Feeding Operation” or “Concentrated Animal Feeding Operation” set forth in District Rule 1.1. Middle Pecos GCD Minutes for September 17, 2019 Page 3 Regarding The Pecos County Water Control and Improvement District #1 (PCWCID#1) has reached its system capacity and there is a moratorium on setting new water taps. A plan for an engineering study is currently in the beginning stages, with an uncertain time factor. The PCWCID#1 was sent a letter letting the public know about the infrastructure issues. In the mean time, anyone with tracts of land on 10 acres or less _ will need to come before our Board to get permission to drill. Adjourn. The workshop was adjourned at 10:35 a.m. by President McGuairt. CONSOLIDATED SHOW CAUSE HEARING ON ALLEGED VIOLATION OF DISTRICT’S RULES BY VANGUARD WELL RESOURCES, LLC (License #59336), JOSE TERRAZAS AND EDGAR SALAZAR Call to order at 10:35 a.m. Show cause hearing on alleged violations of District’s rules by Vanguard Well Resources, LLC, Jose Terrazas and Edgar Salazar. Present for the Show Cause Hearing: * Vanguard Well Resources, LLC: Frank Friesen Jose Terrazas, Land Owner Edgar Salazar, Land Owner Euardo Wiebe, E&S Custom Drilling (Apprentice License #60201) Drilling under Vanguard Well Resources, LLC (License #59336) * Ty Edwards, General Manager of Middle Pecos GCD * * * The following were sworn in: Frank Friesen, Jose Terrazas, Edgar Salazar, Euardo Wiebe, and General Manager Ty Edwards. Presiding Officer: Board President Jerry McGuairt Items admitted into the Official Record: The 3 Show Cause Hearing Notices. (One notice for each: Vanguard Well Resources, LLC; Jose Terrazas, and Edgar Salazar). The 3 Retum Receipt Cards on the Show Cause Hearing Notices that were mailed via certified mail. All paper documents were admitted into the record: 1) Mr. Wiebe’s hand written drilling document # 191376 for Mr. Terrazas’ water well. 2) Mr. Wiebe’s hand written drilling document # 191377 for Mr. Salazar’s water well. 3) Pecos County Appraisal District information for Mr. Salazar on property ID#43418 printed from PCAD website. 4) Pecos County Appraisal District information for Mr. Terrazas’ on property ID#3203 printed from PCAD website. 5) State of Texas Well Report for Tracking#518086 for Mr. Salazar. 6) State of Texas Well Report for Tracking#518089 for Mr. Terrazas. Middle Pecos GCD Minutes for September 17, 2019 Page 4 Mr. Edwards’ testimony: 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 Notice of Intent to Drillis the first step to have a water well approved for drilling. And told him that he (Mr. Edwards) could approve an Exempt well. The well driller (Mr. Wiebe) and the 2 land owners (Mr. Terrazas and Mr. Salazar) have been to the office to talk with me, and want to fix the issues. Mr. Edwards assumes that Vanguard Drilling and M

Bastiat Liberty & Property Rights Analysis

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 4.5/10). 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.