Update and possible action regarding US Fish and Wildlife Service’s

Staff Report & Agenda Item Details

Update and possible action regarding US Fish and Wildlife Service’s notification letter for the Leoncita false foxglove Species Status Assessment and MPGCD Comments. General Manager Ty Edwards informed the Board Members the Diamond Y Springs are overflowing and explained how this is important to the endangered species. Page 3 of 8 Minutes of 01-20-2026 US Fish and Wildlife Service has put out a Potential Listing of the Leoncita False Foxglove as Endangered or Threatened. The species is found at the Diamond Y Springs, Leoncita Springs and two springs in New Mexico. Edwards shared a draft letter of the MPGCD’s public comments due to be filed on January 30, 2026. It was further noted there are currently six endangered species and one listed as threatened on the preserve at Diamond Y Springs. Stephen Malish, Attorney at Law addressed the petition received by the US Fish and Wildlife Service that prompted a 90-day review to decide if listing the Leoncita False Foxglove Species may be warranted under the Endangered Species Act. After the 90-day period the US Fish and Wildlife Service has 12 months to take comments and decide if they want to list the species and propose a rule. In reference to the comments drafted by MPGCD, the District is not committing to taking any particular action; however, we are a proactive and responsible regulatory political subdivision, and we are monitoring the process and aware of seven other species listed in the area. Mike Gershon, Attorney at Law stated federal law protects species and their habitat and emphasized that federal law preempts state law and empowers the federal government to take various actions to keep the springs flowing, which requires managing the source water responsibly. The MPGCD is a key partner with Nature Conservancy in managing spring flow data and sharing with the US Fish and Wildlife Service. Our position is that we play an important role in collecting and evaluating relevant data and having regulatory authority over pumping and water quality, and should be perceived by USFWS not as a target to sue but rather as a local partner. Note that there was years-long litigation against the old Edwards Underground Water District involving species and springs involving the Edwards Aquifer, which resulted in significant changes by the Texas Legislature as to how groundwater is regulated in that area. Vince Clause, PG, GISP emphasized this is a spring complex, not a single spring. Throughout the record the spring system as a whole has not gone dry. Vince referenced 30 years of study on spring flow data that addresses the different variables affecting spring flow. Edwards stated he would send the draft letter to the board members for further comment before the submission deadline. No action taken. X Update and possible action on San Andres efforts at RRC and TCEQ, and update on plugging efforts. e The District has received the draft contract documents from TCEQ for the Leaking Water Wells Grant Program (LWWGP). e Ty stated once the TCEQ contracts are signed, all the money must be spent by the end of year 2027. Wells have not been selected at this time. Page 4 of 8 _—_—————————————_—_—_—_— Minutes of 01-20-2026 No action taken. Xl Update on Fort Stockton Holdings, L.P. (FSH)-MPGCD Joint Study, Threshold Water Level Update and Drilling of New Rustler Monitor on Williams Farms. The Board and General Manager discussed the ongoing groundwater monitoring of the FSH threshold water levels. All wells are working and operating properly, and no wells are near any threshold water levels that would trigger cutbacks according to the FSH special permit conditions. A link to the FSH threshold water levels is available at https://mpacd.halff.com/Dashboard. General Manager Ty Edwards screen-shared and provided an overview of current data. Raymond Straub, P.G. presented the final report on the Rustler Monitor Well. They managed to get a complete seal on the zone well. The well tested, as

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 2.6/10). 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.