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7 • FINANCEMiddle Pecos Groundwater Conservation District (Pecos County)

Consider and/or act regarding suggested revisions, if any, on proposed DFCs

Presented in: Middle Pecos GCD Board Meeting - 2021-02-16 on 2021-02-16
Meeting Agenda PDF

Official Roll-Call Vote

Restrains Gov't • 4.6/10 Impact Weight
PASSED (4 - 0)
“Allan Childs made a motion to adjourn the meeting. Motion seconded by M. R. Gonzalez. Motion carried unanimously.”
MR
M. R. Gonzalez
Director, Precinct 1 Place 1 (Precinct 1 Place 1)
YES
WT
Wayne Tinkler
Director, Iraan Representative (Iraan Representative)
YES
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 regarding suggested revisions, if any, on proposed DFCs of groundwater resources located within Pecos County and surrounding areas located within GMA 3 There are no suggested revisions currently. There is a called Groundwater Management Area 3 (GMA 3) meeting for February 17, 2021 at 10:30 am. The meeting will be a zoom meeting and the agenda is posted on our MPGCD website, and anyone can attend. The meeting will be a discussion regarding all comments ee Minutes of February 16, 2021 Page 4 of 7 received on the Proposed Desired Future Conditions (DFC) and to possibly adopt the Final DFCs for GMA 3. XII Briefing and take action regarding Application to the Texas Water Development Board Agricultural Water Conservation Fund. This is a grant that we applied for last year. We did not rank high enough, and the application was denied. We have scaled the application down from $1.2 million to around $200,000. The grant application was submitted on time. Our goal is focused on the conservation funds to enable farmers in the Belding Area to install meters, change sprinkler heads, change out some of their crops in order to have a better understanding of the water being pumped and possibly conserve water. Board action was not taken to approve submission of the application. MPGCD attorney Mike Gershon stated that Board approval is not critical. If TWDB requires formal Board action it can be considered at a future meeting. XIlt_ Briefing and take action as necessary on Cockrell Investment Partners, L.P. v. Middle Pecos Groundwater Conservation District and its Board President in his official capacity, Fort Stockton Holdings, L.P. and Republic Water Company of Texas, L.P., Appellate Case No. 08-21-00017-CV (El Paso Court of Appeals) and/or Cockrell Investment Partners, L.P. v. Middle Pecos Groundwater Conservation District and its General Manager in his official capacity, Fort Stockton Holdings, L.P., and the Cities of Abilene, Midland and San Angelo, Cause No. P-8277-83-CV (Pecos County District Court). MPGCD attorney, Mike Gershon: We are going through standard appellate timelines with Cockrell Investment Partners, LP (Cockrell) case in the 112" District. This is regarding the old permit application case. In the permit renewal case, the parties are looking at dates in March and April for a hearing on motions for summary judgment. Fort Stockton Holdings, LP (FSH) is available on all dates except for April. Cockrell attorney, Ryan Reed: Your briefing is accurate. Cockrell is available for any of those dates mentioned. FSH attorney, Ed McCarthy, Jr.: The status is accurately described by Mr. Gershon. XIV Progress Reports: Well Registrations, Production Permits, Drilling Permits, Data Loggers, Drought Monitor Map, Water Quality Analysis and General Manager’s Correspondence. e RigData Report for 02-12-2021: Pecos County has 3 rigs in operation. E:T Minutes of February 16, 2021 Page 5 of 7 XV Xvi Well Registrations: Total Well Registrations are 3,295 as of 12-31-2020. Exempt 2,334 Non-Exempt 961. Drought Map as of 02-09-2021 was provided to the Board. Pecos County is in abnormally dry - moderate — and some parts remain in severe drought. 09-30-2020 Audit: Smith & Rives, PC should present in March. Legislative: Lloyd Gosselink, Attorneys at Law, has provided us a Groundwater Conservation Districts Bill Tracking Report as of 02-12-2021. Also provided is an Open Government Bill Tracking Report as of 02-12-2021. HB 666, HB 668, HB 768, SB 152: 1) Bill amends the language relating to awarding attorney fees and other costs from “shall” to “may”. 2) Adds a section to the TX Water Code titled “Petition to Change Rules” that authorizes a person with groundwater ownership and rights to petition their local GCD to adopt or modify a rule. 3) adds a section that requires a person who submits a groundwater permit or a permit amendment to provide notice by certified mail to “each person with real property interest in the g

Bastiat Liberty & Property Rights Analysis

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.