PUBLIC HEARING ON PROPOSED RULES

Staff Report & Agenda Item Details

PUBLIC HEARING ON PROPOSED RULES III Adjourn hearing and consider and/or act on proposed rules (The Board recessed the hearing at 11:20 AM.) President Jerry McGuairt adjourned the public hearing at 1:04 PM. Mike Gershon, MPGCD attorney, took the floor to explain the rule edits and said the edits are designed to clarify and use terminology consistent with language we and other groundwater conservation districts commonly use. Middle Pecos GCD Minutes for December 17, 2013 Page 9 Rule 9.2 General Registration Policies and Procedures 9.2.1 and 9.2.2 wording changes regarding the Notice of Intent form Rule 10.5 Management Zones Disregard 10.5(a) discussions on Management Zone 4 are not valid. 10.5 (b) Change wording from any to each in the second sentence. 10.5 (e)10 New language added regarding benchmarks. Rule 10.7 Measuring and Reporting Groundwater Withdrawals and Use * The words and Use were added to rule description. 10.7 (c)(2) Proposed language is being withdrawn. Will have language that reflects that we require the groundwater use data whether it comes from the owner or the operator. 10.7 (j) Addition of wording to assure that the District can secure monthly groundwater use data. Rule 11.2 Aggregation of Withdrawal Among Multiple Wells New language added considering application process for well systems. Rule 11.5 Permits Required to Drill a New Well (a) New language added considering Notice of Intent form and permit application. Rule 11.9 Permit Applications 11.9.1(a)13A There was proposed language added for Board consideration that will be deleted. 11.9.2 (a) 11.9.2 (f) (f) A hydrogeological report shall be attached to applications meeting the following conditions: (1) Requests to operate a nonexempt well or Well System with an annual maximum permitted use of at least 10,000 1,000 acre feet; and (2) Requests to amend and increase by at least 1,000 250 acre feet the annual maximum permitted use of a Production Permit for a well or Well System. Middle Pecos GCD Minutes for December 17, 2013 Page 10 Note: The Board decided to discuss 11.9.2(f) further at another meeting, and this rule was not approved today. The Board wishes to have the rule remain at the 1,000 acre feet for a new production permit and 250 acre feet increases to a production permit as the trigger for a hydrogeological test requirement. 11.9.3 Hydrogeological Report Requirements The previous rule is removed, and Allan Standen has rewritten the requirements. The new requirements are a combination of the old rule and new rule. The new requirements are written with the idea that the 11.9.2 (f) with 10,000 acre feet trigger for a hydrogeological report would be adopted. Allan Standen was asked to rework 11.9.3 with a framework of a 1,000 acre feet/or 250 acre feet increase trigger for a hydrogeological report. This rule was not approved today Section 15 Investigations and Enforcement 15.3.2 Show Cause Hearing A proposed change is from a 30 calendar day notice of a show cause hearing to each person, to a 10 calendar day notice. 15.3.4 An effort for the District to give notice to people that is fair and legal. It reflects the Boards frustration with certified mail that is delivered to an alleged violator and never picked up. 15.3.5 Removing the 15 day requirement wording, as it is not necessary Merrell Daggett made a motion to accept the rules with the wording as indicated by the Board, and to table 11.9.2 (f) and 11.9.3. Motion seconded by Ronnie Cooper. Motion carried without opposition. Reconsideration: VII Consider and/or act upon litigation pursuant to Texas Water Code 36.102 and District Rule 15.3.6 against Dubose Drilling, Inc for failure to comply with District Rules 9.2, 11.1, 11.5, and 13.1. Ronnie Cooper made a motion

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 5.0/10). 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.