R. Gonzalez Secretary/Treasurer, Precinct 2

Staff Report & Agenda Item Details

M. R. Gonzalez Secretary/Treasurer, Precinct 2 Janet Groth Precinct 1 Merrell Daggett Precinct 2 Weldon Blackwelder Precinct 3 Alvaro Mandujano, Jr. Precinct 4 Evans Turpin lraan, City of Terry Whigham At Large Quorum Present. Members Absent: Ronald Cooper, and Vanessa Cardwell. Others present: Paul Weatherby, Mike Gershon, Allan Standen, Melissa Mills, Harvey Gray, W L. Stribling, Craig Pearson, Gary Drgac, Randy Braden, Zach Brady, Darrell Peckham, Jeff Williams, Brock Thompson, Ed McCarthy, Ray House, Jr., Wayne Tinkler, Alyson McDonald, Harvey Pearson, Bob Scogin and Tom Frist. REGULAR BOARD MEETING 1 Call to Order at 1:00 PM by President Jerry McGuairt 11 Comments from public and media Dr. Craig Pearson, Upton County Water District Board member, he is speaking as a representative of the citizens of McCamey and southwestern Upton County. Summary: Mr. Randy Braden and the water well drillers that he contracted with have created a contamination path from the shallow saline Pecos Valley Alluvium Aquifer into the underlying Edwards Trinity Fresh water aquifer on his property in Pecos County. Dr. Pearson handed out two pages to the Board and advised "The first one is the local geology that is based upon a 1961 study by the TWDB. It is a model of what is going on in and around the Pecos River gorge, the Pecos Alluvium which is overlying the older settlement and of particular interest is the Trinity Edwards with fresh water and geology below that. It is Middle Pecos GCD Minutes of May 21, 2013 an unusual situation stratigraphically and hydrogeologically because we have a salt water system overlying a fresh water system. The source of the salt water is from the Pecos River and is the reason for our main concern." "Second is a one year sample at midnight of the Pecos River salinity, total dissolved solids, and on a daily basis ranges anywhere from 15 to 25 thousand parts per million which is saline to highly saline waters overlying our fresh water, the Edwards Trinity aquifer. The waters in the Pecos River and the Pecos Alluvium are saline to very saline 95% of the time in 2012 based on USGS information. Continued exposure to our superior quality Edwards Trinity to the these contaminates is irrehensible in the view of the Upton County Water Board." “The major area of concern raised by the water analysis data is that the comingled waters of the Pecos Valley Alluvium and the Edwards Trinity in Mr. Braden's wells, show very high total dissolved solids measurements." Mr. W._L. Stribling with the Texas Department of Licensing and Regulations commented that TDLR is looking into Mr. Braden's wells. There are no conclusions at this time, they are obtaining water samples and gathering information. ll | Consider and/or act upon Minutes of April 16, 2013 Merrell Daggett made a motion to approve the minutes of April 16, 2013 as presented. Seconded by John Dorris. Abstentions: Janet Groth and Alvaro Mandujano, Jr. Motion carried. IV Consider and/or act upon Accounts Payable and Treasurer ‘s Report — April 30, 2013 Merrell Daggett made a motion to approve the accounts payable and Trea report for the month ending 03-31-2013. Seconded by Alvaro Mandujano, Motion carried. V_ Recess at 1:21 PM Reconvene into Open session at 1:21 PM Page 2 surer's Jr. Middle Pecos GCD Minutes of May 21, 2013 Page 3 HEARING ON LEE BAKER (c/o JESUS RUIZ) PRODUCTION PERMIT APPLICATION 1 Call to order 1:33 PM by president Jerry McGuairt 11 Public Hearing Party representing applicant: No one present. Protestant: None Uncontested Application. Mr. Jesus Ruiz submitted an application for a production permit on behalf of Lee Baker on 04/16/2013. Jesus Ruiz leases the land to farm. Mr. Lee Baker sent a letter giving Mr. Ruiz the authority to apply for the production permit. He is requesting 500 acre feet annually from the Pecos Valley aquifer. It is a 3 well system located in Block 48-8 T&P, section 9 survey approximately 4 miles west of Hwy. 1

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.