Analysis of Cockrell’s “Allegation of Injury or Inequity”

Staff Report & Agenda Item Details

C. Analysis of Cockrell’s “Allegation of Injury or Inequity” (consequences) if MPGCD does not adopt proposed rule Alleged Injury or Inequity (Consequence) Comment lack of year-round floor or threshold for pumping cutbacks: ➢ may cause loss or degradation of water at or below historic levels lack of proper enforcement of pumping cutbacks: ➢ increases risk of: o long-term damage to the aquifer o ability to adequately recover after summer irrigation season ➢ could damage nearby aquifers ➢ may cause Cockrell and other permittees to experience loss or degradation of water at or below historic levels lack of Mitigation Fund deprives Cockrell and other permittees affected by export of mitigation $$ currently…no problem with water quality or water levels proactively…MPGCD is: ➢ actively monitoring aquifer and water levels from extensive well-monitoring network, real-time transducers, and near daily field measurements and sampling ➢ relying upon and continuing multi-year, multi-million dollar research efforts MPGCD has robust enforcement rules and contingency/emergency rules if something unlikely and unforeseeable arises Texas law recognizes: (1) property rights of landowners to pump (but not a specific volume) (2) GCDs authority to regulate subject to possible regulatory taking (3) Rule of Capture (don’t have to compensate your neighbor for damages with limited exceptions) (4) newly evolving legislative intent to allow but not mandate mitigation MPGCD has discretion to budget for mitigation; it’s a policy decision whether to start setting aside $$ for future mitigation (see p. 2 above). 5 of 7 PREPARED BY LLOYD GOSSELINK, P.C.