Comments from Gil Van Deventer (Licensed Professional Geoscientist) with Trident

Staff Report & Agenda Item Details

Comments from Gil Van Deventer (Licensed Professional Geoscientist) with Trident Environmental: Summarized comments on the proposed Desired Future Conditions for the Capitan Reef Complex Aquifer (CRCX) from his 7-page written comments: Objection to the Desired Future Conditions (DFC) proposed for the Capitan aquifer in Groundwater Management Area 3 (GMA 3) where it is confined, because the Proposed DFC drawdowns are inexplicably and excessively conservative for the large, and mis-understood aquifer. DFCs should not be adopted without first estimating what the modeled available groundwater (MAG) will be. The prohibitively high level of scientific uncertainties of the model need to be minimized to acceptable levels; and the simpler Aquifer Analysis approach done in 2010 is more suitable for an interim DFC. The model is only useful for aquifer-wide planning and evaluation of conceptual flow dynamics and not as a reliable too! for determining DFCs or MAGs. The CRCX Groundwater Availability Model is not yet reliable enough for use by groundwater conservation districts to adequately manage the CRCX as a resource because it has a prohibitively high level of scientific uncertainty, particularly if it relates to considering production permits and developing modeled available groundwater estimates. In Dr. Bill Hutchison’s Technical Memo 16-06 (TM 16-06) he recommends that the DFC values should not be relied upon in the evaluation of any permit applications. Essentially, the simulations with the CRCX GAM have shown that the model cannot be considered reliable in the context of permit review. He also recommended an alternative tool should be developed as part of any permit application and/or review process. DFCs should not be adopted without first estimating what the modeled available groundwater will be. The reason for this is to ensure that whatever the MAG is, that districts understand how that value relates to current and projected groundwater use and to any proposed groundwater supply projects. Establishing the DFC, without the use of the CRCX GAM may be the better option until model uncertainties can be resolved. (Mr. Van Deventer submitted written and verbal comments.) As for the DFCs in the Pecos Valley, Edwards-Trinity (Plateau), Dockum, and Rustler aquifers, the recently created Reeves County GCD should have precedence on establishing GMA 3 DFCs since they represent the largest political subdivision in GMA 3, and their comments should be thoroughly and competently developed. Summarized from the 5 pages of comments submitted on DFCs for GMA 3 and GMA 7: The following comments, observations and recommendations are relative to the DFCs for the Edwards-Trinity (Plateau) and Pecos Valley Alluvium. The District should provide a more extensive narrative and supporting documentation as to how the DFCs will protect a landowner's private property interest in groundwater in place — specifically addressing groundwater exports to locations outside of MPGCD and include quantitative justification in support of qualitative generalizations or conclusions. The socioeconomic impacts are of groundwater depletion rates that will result from the proposed DFC, which will very likely cause seasonal or more permanent impacts relative to groundwater availability to specific landowners in the District and should be quantified with greater specificity. Belding Farms opposed the creation of unmet water Minutes of January 19, 2021 Page 4 of 12 needs, particularly those due to the export of groundwater outside the production area. Regarding environmental impacts which include impacts on spring flow and other interactions between groundwater and surface water, Belding Farms believes that the District should address with greater specificity how the DFCs will contribute to the preservation and restoration of Comanche Springs. We believe that depleted spring flows are a manifestation of groundwater uses that are not sustainable. Ml Adjourn hearing. The Pu

This motion is scored as EXPANDS_GOVERNMENT (Impact Weight: 2.4/10). Under the Bastiat Liberty Watchdog Index, measures that increase tax rates or fee schedules, issue new debt or Certificates of Obligation, expand regulatory/zoning restrictions on private land use, or authorize unbudgeted spending expansions reduce an official's Freedom Score when voted YES (and reward dissenting NO votes).