YDHLGE Logo
YDHLGEYou Don't Hate Local Government Enough
Back to Docket Search
19 • FINANCEMiddle Pecos Groundwater Conservation District (Pecos County)

Consider and/or act upon Rule Amendments

Presented in: Middle Pecos GCD Board Meeting - 2012-06-19 on 2012-06-19
Meeting Agenda PDF

Official Roll-Call Vote

Restrains Gov't • 4.9/10 Impact Weight
PASSED (4 - 0)
“. Houston McKenzie made a motion to adopt the rule amendments as discussed.”
MR
M. R. Gonzalez
Director, Precinct 1 Place 1 (Precinct 1 Place 1)
YES
WT
Wayne Tinkler
Director, Iraan Representative (Iraan Representative)
YES
JS
Jeff Sims
Director, Precinct 3 Place 2 (Precinct 3 Place 2)
YES
VC
Vanessa Cardwell
Director, Precinct 4 Place 2 (Precinct 4 Place 2)
YES

Staff Report & Agenda Item Details

Consider and/or act upon Rule Amendments President Honaker called an executive session at 2:15 PM for the purposes authorized under the Texas Open Meetings Act, V.T.C.A., Government Code, Chapter 551.071 to consult with attorney. President Honaker reconvened the open meeting at 3:03 PM and stated that no decisions were made in executive session. The following amendments will be made to the rules: RULE 11.4A HISTORIC AND EXISTING USE PERMITS The District recognizes the validity of Historic and Existing Use Permits granted under the District’s rules and will continue to recognize the rules and procedures applicable to a Historic and Existing Use permit existing at the time the permit was granted. The District no longer accepts applications for Historic and Existing Use Permits because the deadline for filing Historic and Existing Use Permit applications was September 15, 2005. Historic and Existing Use Permits are subject to the transfer, renewal, and permit amendment provisions set forth in these rules. The General Manager shall provide notice not less than thirty (30) calendar days prior to the date of a Historic and Existing Use Permit Application hearing. Notice shall be: (1) posted at a place convenient to the public in the District Office; (2) provided to the County Clerk of Pecos County whereupon the County Clerk shall post the notice on a bulletin board at the place convenient to the public in the county courthouse; and (3) provided to the applicant in written form. 11.4B (a) The well owner of any existing operational well not exempt under Rule 11.3 is eligible to and must file an application for Historic and Existing Use on a form provided by the District no later than September 15, 2005. Upon the applicant’s presentation of evidence of beneficial use of groundwater during the Historic and Existing Use Period, the Board, after notice and hearing as provided for in this Section, shall take action to grant or deny the application, in full or in part, and issue a Historic and Existing Use Permit, if warranted. Middle Pecos Groundwater Conservation District Minutes of June 19, 2012 Page 8 (b) Prior to the District’s decision on an application for Historic and Existing Use, the applicant is authorized to withdraw and put groundwater to beneficial use in an amount no greater than the Historic and Existing Use claimed or to be claimed in the application for Historic and Existing Use. (c) Increased use beyond the permit allotment specified in a Historic and Existing Use Permit from an existing, permitted well requires the submission and grant of a Production Permit application. (d) Historic and Existing Use Permit Applications: (1) Application forms and payment of applicable fees: Each original application for a Historic and Existing Use Permit, a water well drilling permit, Production permit, and permit amendment requires the filing of a separate application, payment of the applicable fees, if any, and issuance of notice as provided for in this Section. Application forms will be provided by the District and furnished to the applicant upon request. All applications for a permit shall be in writing and sworn to, and shall include the following: (i) the name and mailing address of the applicant and the owner of the land on which the well will be located; (ii) if the applicant is other than the owner of the property, documentation establishing the applicable authority to construct and operate a well for the proposed use; (iii) the location of each well and the estimated rate at which water will be withdrawn; (iv) a declaration that the applicant will comply with the District’s Rules and all groundwater use permits and plans promulgated pursuant to the District’s Rules; (v) a declaration that the applicant will comply with the district’s management plan; (vi) a declara

Bastiat Liberty & Property Rights Analysis

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 4.9/10). 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.