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6 • FINANCEMiddle Pecos Groundwater Conservation District (Pecos County)

Consider and/or act to authorize certain MPGCD representatives as signatories

Presented in: Middle Pecos GCD Board Meeting - 2025-06-17 on 2025-06-17
Meeting Agenda PDF

Official Roll-Call Vote

Restrains Gov't • 4.2/10 Impact Weight
PASSED (4 - 0)
“The draft Minutes were emailed to the Board prior to the meeting. Vanessa Cardwell made a motion to approve the Minutes for the meeting of May 20, 2025, as presented. Motion seconded by Jeff Sims. Wayne Tinkler abstained from voting because he wasn’t not on the board for the last meeting. Motion passed. Vote: 8FOR -0-Oppose 2Absent 1 Abstain Vill Consider and/or act upon Treasurer’s Report for the Month Ending May 31, 2025. General Manager Ty Edwards presented the Treasurer’s report to the Board, Vanessa Cardwell made a motion to approve the Treasurer's Report ending May 31, 2025, as presented. Motion seconded by Ronald Cooper. Motion passed. Vote: 9FOR -0-Oppose 2Absent 0 Abstain”
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
LD
Larry Drgac
Director, Precinct 2 Place 2 (Precinct 2 Place 2)
ABSENT
JS
Jeff Sims
Director, Precinct 3 Place 2 (Precinct 3 Place 2)
YES
VC
Vanessa Cardwell
Director, Precinct 4 Place 2 (Precinct 4 Place 2)
YES

Staff Report & Agenda Item Details

Consider and/or act to authorize certain MPGCD representatives as signatories to MPGCD’s bank account(s). Ronald Cooper motions to add Janet Groth to the bank signature page as Board President at Pecos County State Bank to replace Jerry McGuairt. Motion seconded by Wayne Tinkler. Motion passed. Vote: 9 FOR -0-Oppose 2Absent 0 Abstain Page 2 of 6 Minutes of 06-17-2025 Vil Consider and/or act upon Minutes of Regular Meeting on May 20, 2025 The draft Minutes were emailed to the Board prior to the meeting. Vanessa Cardwell made a motion to approve the Minutes for the meeting of May 20, 2025, as presented. Motion seconded by Jeff Sims. Wayne Tinkler abstained from voting because he wasn’t not on the board for the last meeting. Motion passed. Vote: 8FOR -0-Oppose 2Absent 1 Abstain Vill Consider and/or act upon Treasurer’s Report for the Month Ending May 31, 2025. General Manager Ty Edwards presented the Treasurer’s report to the Board, Vanessa Cardwell made a motion to approve the Treasurer's Report ending May 31, 2025, as presented. Motion seconded by Ronald Cooper. Motion passed. Vote: 9FOR -0-Oppose 2Absent 0 Abstain XIV Consider and/or act regarding negotiation of export fee with Upton County Water District. John Evridge and Gary Drgac represented Upton County. John Evridge spoke and voiced concerns with the rate increase of export fees and the effect it will have on the community. Rate increases will have to be passed on to citizens of Upton County. An executive session was called from 11:20 am to 12:05 pm to consult with our attorney pursuant to Section 551.071 of the Texas Government Code on legal matters on agenda XIl, Xill_ and XIV. Returning to open session, discussion was held by Directors and Attorney Mike Gershon on options. Ronnie Cooper made a motion for a Hearing to negotiate Export Fees for 2024. No second therefore motion died. No action taken. IX State legislative update (89'" Legislative Session commencing January 14, 2025). The District updated the Board on all relevant bills. The District is tracking all bills filed that affect GCD’s, open government or elections. Ty Embrey joined the meeting and gave the Board a high-level overview of the status of the Capitol. The Session ended on June 2"! and we are waiting to see what the Governor vetoes and or signs in to law. Page 3 of 6 ee] Minutes of 06-17-2025 Xx Update and possible action on San Andres efforts at RRC and TCEQ, and MPGCD v. RRC and Commissioners, Cause No. D-1-GN-24-005222 (200! District Court, Travis County) and second cause filed on October 11, 2024. The Board was briefed on the regulatory hearing activity from last fall through this summer at the Railroad Commission, and ultimately the Commissioners’ final action on our request that wells be added to RRC’s plugging list and prioritized for plugging. The RRC denied all our requests, which is not a surprise. This procedure was required to exhaust administrative remedies before seeking a judicial opinion about RRC’s jurisdiction and duty to plug. The next step was for the District to file an original petition for judicial review, declaratory relief, and mandamus relief in the Travis County District Court, which was accomplished on August 16, 2024. Because RRC undertook additional procedural steps, we were conservative to ensure that we exhausted administrative remedies and then filed a second original petition on October 11, 2024. The Railroad Commission has filed its Original Answer denying all allegations in the first lawsuit. District Judge Laurie Eiserloh with Travis County 455" District Court recently issued a notice asking for a briefing schedule. A hearing will be held on August 15, 2025, on RRC’s plea to the jurisdiction requesting dismissal of the lawsuit. The District has met with TCEQ's senior management and program staff and discussed the new grant program to plug wells in Pecos County. TCEQ held a Rulemaking hearing on January 29, 2025. The District attended the hea

Bastiat Liberty & Property Rights Analysis

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 4.2/10). 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.