R. Gonzalez, Sétretaf¥/Treasurer Janet Groth, President

Staff Report & Agenda Item Details

M. R. Gonzalez, Sétretaf¥/Treasurer Janet Groth, President Date Approved A Ll VAL Page 8 of 8 _—_EEE——EEEEeeEEE—E—————EEEE——————— Minutes of 01-20-2026 Attachment A to the (01-20-2026 Minutes RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT MEETING HELD JANUARY 20, 2026 A RESOLUTION IMPLEMENTING TEXAS WATER CODE § 36.122(e-1)-(e-3) TO INCREASE THE EXPORT FEE FOR GROUNDWATER EXPORTED FROM THE DISTRICT FOR CALENDAR YEAR 2026 WHEREAS, the Middle Pecos Groundwater Conservation District (the “District”’) is a political subdivision of the State of Texas, organized and existing under Article XVI, Section 59, of the Texas Constitution, and is a groundwater conservation district operating under Chapter 36 of the Texas Water Code and the District’s enabling act, Chapter 8851 of the Texas Special District Local Laws Code; WHEREAS, on January 1, 2024, Texas Water Code § 36.122(e), (e-1), (e-2), and (e-3) took effect to require groundwater districts to issue public notice and conduct a public hearing in order to increase export fees as provided by the 88" Texas Legislature, and then to subsequently consider an annual three-percent (3%) increase; WHEREAS, the District's Board of Directors (the “Board”) amended its rules to implement this new statutory authority and then held a hearing, took public comment, and set an export fee of 20 (twenty) cents for each thousand gallons of groundwater exported from the District, with the 3% increase imposed to establish an export fee of 20.6 cents for calendar year 2024; WHEREAS, the Board subsequently adopted a 3% increase to the export fee for calendar year 2025 following public notice, hearing, and public comment, establishing an export fee of 21.22 cents for each thousand gallons of groundwater exported from the District; and WHEREAS, the Board issued public notice and held a public hearing on January 20, 2026, to take public comment on the proposed annual increase to the export fee for calendar year 2026; NOW THEREFORE BE IT RESOLVED THAT: The above recitals are true and correct. The District’s Board of Directors hereby declares that the export fee for calendar year 2026 is increased by three percent (3%) from 21.22 cents to 21.85 cents for each thousand gallons of groundwater exported from the District. 1 OF 2 AND IT IS SO ORDERED. Upon motion duly made by Director ayn w Tin kk ) ele and seconded by Director VanessSp Card wel | ; and upon discussion, the Board voted a in favor and . ©. opposed, - 0-abstained, and ol absent. h and the motion thereby PASSED on this A say of January, 2026. MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT President ATTEST: = A) A S diy i ay Board Secretary 7 2 OF 2 1 MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT POLICY REGARDING PROFESSIONAL SERVICES This Professional Services policy is adopted to provide for the District’s procedures for selection, monitoring, review and evaluation of professional services that may be required or desired by the District, pursuant to the requirements of Texas Water Code § 36.061(a)(4). In furtherance of the statutory mandate in Texas Water Code § 36.057(b) and (c) that the Board set the compensation and terms for consultants, this policy establishes procedures to select its consultants, including but not limited to hydrogeologists, engineers, auditors and accountants, financial advisors, attorneys, and other professional consultants. Specifically, the Board shall select consultants based upon their demonstrated competence and qualifications in compliance with the procedures established in the Professional Services Procurement Act in the Texas Government Code Chapter 2254, Subchapter A. Selection of consultants shall not be made on the basis of competitive bids and shall instead be made on the basis of demonstrated competence and qualifications to perform the services and for a fair and reasonable price. The professional fees under any contract for