PUBLIC HEARING ON APPLICATION TO AMEND

Staff Report & Agenda Item Details

PUBLIC HEARING ON APPLICATION TO AMEND HISTORIC AND EXISTING USE PERMIT(S) FOR BELDING FARMS, LLC Call to order at 10:29 a.m. the Public Hearing on Application for an Amendment to Historic & Existing Use Permit(s) for Belding Farms, LLC. Party representing application: Glenn Honaker/Belding Farms General Manager, and Buck Benson/Attorney Protestant to application: None Public Comment: None. President McGuairt declared the application uncontested. Manager Ty Edwards presented the application to the Board. Belding Farms, LLC and its affiliate Cockrell Investment Partners, LP (Belding Farms) have made Application to Amend Historic and Existing Use (H&E Use) Permit(s) with the Middle Pecos Groundwater Conservation District (District). Belding Farms is requesting to amend its Historic & Existing Use Permits that authorize annual production of 5,880.424 acre-feet from the Edwards-Trinity Aquifer to allow production from one additional well. This additional well (Belding Well #25/MPGCD Well #200501 1506) was formerly completed in the Rustler Aquifer and recompleted solely into the Edwards-Trinity Aquifer pursuant to a Drilling Permit previously issued by the District. This application does not seek to increase the amount of annual pumping under these permits. Well #25 is located Middle Pecos GCD Minutes for August 13, 2019 Page 4 on 233.51 acres in Survey T&P RR CO Block 3 Section 100 Property ID #3467, approximately 1 mile West of FM 2037 and Old Alpine Hwy in Pecos County, Texas. Well 25 has an Historic & Existing Use Permit for the Rustler aquifer for 1,890 acre feet. On March 18, 2019, MPGCD received a request for emergency action from Cockrell Investment Partners, L.P., dba Belding Farms, LLC (“Cockrell”) related to a groundwater well, Belding Farms Well No. 25, MPGCD Registration No. 2005011506 (‘Well 25”), belonging to Cockrell and completed in the Rustler Aquifer. Well 25 is critical to the irrigation operation on the Cockrell property and associated pecan orchard, furthermore, given the present timing in the agricultural season the collapse of Well 25 is extremely detrimental to Cockrell’s pecan crop and without emergency action of the District could cause total loss of that crop and corresponding significant economic impact to Cockrell. On March 26, 2019, Cockrell was authorized to aggregate production from Well 25 into Cockrell’s existing Edwards-Trinity permits. On April 16, 2019, a drilling permit to re- complete Well #25 (MPGCD# 2005011506) into an Edwards Trinity well was approved. They ran a 14” line into the well. While pumping at 2,000 to 2,100 gallons per minutes, the 8-hour pump test resulted in a limited draw down of 25’ to 30’. Belding Farms is requesting to keep the Rustler aquifer permit for a future replacement Rustler well. Adjourn Hearing and Consider and/or Act on Application for an Amendment to Historic & Existing Use Permit(s) for Belding Farms, LLC. President Jerry McGuairt recessed the hearing at 10:35 a.m. Janet Groth made a motion to approve the amendment to the Historic and Existing Use Permit for Belding Farms, LLC as presented. Motion seconded by Puja Boinpally. Motion Carried. Vote: 10 For. 1 Against. -0- Absent. REGULAR BOARD MEETING —- CONTINUED The Regular Meeting reconvened at 10:43 a.m.

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 4.6/10). 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.