Allegation of Injury or Inequity that could Result from Failure to Adopt Proposed Rule

Staff Report & Agenda Item Details

3. Allegation of Injury or Inequity that could Result from Failure to Adopt Proposed Rule or to Modify Current Rule: The District does not define unreasonable impacts or address how it intends to achieve the DFC. Without significant rulemaking changes and in light of additional pumping from exports, unreasonable impacts resulting from increased production, including long-term damage to the aquifer and its ability to adequately recover after the summer irrigation season, may occur. All permitees, including Belding Farms, will experience a loss or degradation of water if the District does not protect against unreasonable impacts. The best way to prevent unreasonable impacts is to ensure that the District is on track to comply with the DFC. If the DFC is exceeded, permitees will be met with costs to drill deeper and retrofit wells, as well as the economic impacts of loss of water or degradation of water quality. 4. Description of Petitioner(s) Real Property Interest in Groundwater in the District (attach proof of real property interest in groundwater located within the District for each petitioner): Cockrell is a landowner within the District. Cockrell/Belding Farms owns a 2,205 acre commercial pecan orchard consisting of approximately 77,000 trees. For its orchard, Cockrell utilizes its substantial water rights in the Edwards-Trinity Aquifer, which supports its pecan orchard. Cockrell currently has a Historic Existing Use Permit that was issued in July 2006 for 16 wells in the amount of 15,528.846 acre feet, which is used to, among other things, supply water/irrigation requirements for its pecan orchard consisting of approximately 77,000 trees. In fact, Cockrell’s 2,205-acre orchard is a part of 6,663.18 acres owned and leased by Cockrell. Petitioner(s) Information (Please include information for additional petitioners as appropriate). Petitioner #1: Cockrell Investment Partners, LP and Belding Farms, c/o Ryan C. Reed, Attorney__________ (210) 222-9494; rreed@pulmanlaw.com____________________________________________ First Name Last Name Phone Number Email Address Pulman, Cappuccio & Pullen, LLP, 2161 NW Military Hwy, Suite 400, San Antonio, TX 78213 Physical Address City State Zip code Pulman, Cappuccio & Pullen, LLP, 2161 NW Military Hwy, Suite 400, San Antonio, TX 78213 Mailing Address /s/ Ryan C. Reed________________ Signature Date Petitioner #2: _________________ _________________ _________________________________________ First Name Last Name Phone Number Email Address _____________________________________________________________________________ Physical Address City State Zip code _____________________________________________________________________________ Mailing Address City State Zip code _____________________________________ ___________ ___________________________ Signature Date Petitioner #3: _________________ _________________ _________________ ________________________ First Name Last Name Phone Number Email Address _____________________________________________________________________________ Physical Address City State Zip code _____________________________________________________________________________ Mailing Address City State Zip code _____________________________________ ______________________________________ Signature Date Additional information may be attached to this form. 08/19/2024 LAW OFFICES OF McCARTHY & McCARTHY, L.L.P. 1122 COLORADO STREET, SUITE 2399 AUSTIN, TEXAS 78701 (512) 904-2310 (512) 692-2826 (FAX) October 14, 2024 Middle Pecos Groundwater Conservation District Via E-mail Attn: Board of Director c/o Ty Edwards, General Manager P.O. Box 1644 Fort Stockton, Texas 79735 Re: Cockrell Investment Partners LP’s August 19, 2024 Petition for Rulemaking to define “