Discussion and possible action on matters involving the planning and setting of

Staff Report & Agenda Item Details

3. Discussion and possible action on matters involving the planning and setting of Desired Future Conditions for each of the managed aquifers. A motion was made by Jeff Kennedy, second by Mark Carrabba to declare the Gulf Coast Aquifer “non-relevant” for the 2026 DFC Planning Cycle as it relates to the Brazos Valley Groundwater Conservation District. The motion passed unanimously. 4, Executive Session: @ 2:20 p.m. Texas Government Code 551.071 — To receive attorney-client privileged information regarding: ° ° pending transport permit applications for groundwater from the Simsboro Aquifer: (BVTP-002) for RH2O LLC; (BVTP-003) for Clifford A. Skiles III; (BVTP-004) for James C. Brien; (BVTP-005) for L. Wiese Moore LLC; (BVTP-006) for Fazzino Investments LP; (BVTP-007) for Ely Family Partnership LP; and (BVTP-008) for Cula d’Brazos LLC, all of whom are co-applicants with UW Brazos Valley Farm LLC; ongoing settlement discussions, and related mediation by the State Office of Administrative Hearings as required by District Board Order No. 1; pending contested permit applications for groundwater from the Simsboro Aquifer: (BVDO-0108, BVDO-0317) for Clifford A. Skiles III; (BVDO-0315, BVDO-0316) for James C. Brien; (BVDO-0377, BVDO-0378, BVDO-0379, BVDO-0380, BVDO-0381, BVDO-0382, BVDO-0383, BVDO-0384) for Ely Family Partnership LP; (BVDO-0385, BVDO-0386, BVDO-0387, BVDO- 0388., BVDO-0389) for RH2O LLC; (BVDO-0394, BVDO-0395, BVDO- 0396, BVDO-0397, BVDO-0398, BVDO-0399) for Fazzino Investments LP; (BVDO-0401, BVDO-0402) for L. Wiese Moore LLC; (BVDO-0408, BVDO- 0409, BVDO-0410, BVDO-0411, BVDO-0412, BVDO-0413, BVDO-0414) for Cula d’Brazos LLC: and BVTP-001 for UW Brazos Valley Farm LLC; pending Writ of Mandamus filed by the Texas A&M University System in Brazos County District Court, Cause No. 24-002626-CV-472, and related court filings; pending lawsuit Fazzino Investments, LP v. Brazos Valley Groundwater Conservation District, CASE NO. 6:25-cv-00001, filed in the United States District Court for the Western District of Texas, Waco Division; establishing Desired Future Conditions for all aquifers within the boundaries of the BVGCD enforcement of meter accuracy certification by permit holders; water production, export, and administrative fees; and groundwater conservation district related issues in the 89" Texas Legislature.

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