Cockrell Investment Partners, L.P. v. Middle Pecos Groundwater
Official Roll-Call Vote
Staff Report & Agenda Item Details
D. Cockrell Investment Partners, L.P. v. Middle Pecos Groundwater Conservation District, Cause No. P-8626-83-CV (837% District Court)(Cockrell IV); and in Cockrell IV, the lawsuit was filed on August 17'" and served on September 13!" by agreement. The District's answer and counterclaim was timely filed October 9" FSH has advised that it will intervene and file plea to the jurisdiction. E. Cockrell Investment Partners, L.P. v. Middle Pecos Groundwater Conservation District, Cause No. P-13031-112-CV (112" District Court)(Cockrell V). In Cockrell V, the lawsuit was filed on August 23* and served on September 13» by agreement. The District's answer and counterclaim was timely filed October 9". FSH has advised that it will intervene and file plea to the jurisdiction. Progress Reports: Well Registrations, Production Permits, Drilling Permits, Data Loggers, Drought Monitor Map, Water Quality Analysis, and General Manager’s Correspondence. Tx Drought Map 04-11-2024 04-13-24 Rig Data Report 1 rig in Pecos County Senate Interim Report Longfellow Drilling Update Groundwater Summit Cyber Security Training 2024 Directors’ Comments and consider and/or act upon agenda for next meeting. Next Board meeting is set for Tuesday, May 21, 2024. Adjourn Board meeting. Weldon Blackwelder made a motion to adjourn the meeting. Motion seconded by Jeff Sims. Motion carried unanimously. The meeting was adjourned at 10:41 a.m. onal oo xf) M.R. re lez, wIEL.. reasurer Jey Lee President MAG er Date Approved 5: Ti+ Minutes of 04-16-2024 Page 4 of 4 MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT P.O. Box 1644 Fort Stockton, TX 79735 _ Phone (432)336-0698 _ Fax (432)336-3407 405 North Spring Drive Fort Stockton, Texas 79735 Email: mpged@mpaed.org Website’ www middlepecosacd.org EXPLANATION FOR DENIAL OF PETITION TO ADOPT OR MODIFY A DISTRICT RULE JOINTLY SUBMITTED BY COCKRELL INVESTMENT PARTNERS, LP AND ITS AFFILIATE BELDING FARMS BACKGROUND This statement was prepared at the direction of Director Alvaro Mandujana, Jr., who made a motion to deny the Petition to Adopt or Modify a District Rule that was submitted jointly by Cockrell Investment Partners, LP and its affiliate Belding Farms. Director Mandujano’s motion was seconded by Director Weldon Blackwelder, and approved unanimously by all present Directors (8- 0), with three Directors absent from the Board meeting. The motion was approved at the District’s meeting held March 18, 2024, within 90 days of submission of the petition (submitted on December 19, 2023). As part of his motion, Director Mandujano stated that he wanted this separate written statement to memorialize the reasons for denial of the petition and to serve as the explanation required by the applicable statute (Texas Water Code Section 36.1025(c)(1) and rule (District Rule 6.5(h)(2)}, and consistent with District Board President Jerry McGuairt’s suggested procedure. EXPLANATION Director Mandujano attended the hearing on the petition held February 20, 2024, and participated in the Board deliberation about the petition on February 20 and March 18". The motion proposed denial of the petition after consideration of the petition, written public comments, public comments during the hearing, requested input from the District’s professionals during and after the hearing, and Board discussion. ach subsection of the proposed rules (10.8(a)-(f)) is unnecessary standing alone, and together, because current rules adequately protect the aquifers and users of the aquifers in Management Zone 1. Specifically: - our approach to metering and alternative measuring is sufficient - atremie pipe does not need to be installed in all new wells because we adequately measure water levels in other wells and can access many if not most wells that don’t have tremie pipes - additional transducers aren’t needed because we've already identified wells to be measured with transducers and can add more if needed - our water quality testing program is good
Bastiat Liberty & Property Rights Analysis
This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 2.7/10). 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.