6 • FINANCEMiddle Pecos Groundwater Conservation District (Pecos County)

Public Hearing on Kenneth McIntyre’s Drilling/Production Permit Application

Presented in: Middle Pecos GCD Board Meeting - 2013-04-16 on 2013-04-16

Official Roll-Call Vote

Expands Gov't • 5.1/10 Impact Weight

PASSED (4 - 0)

“mile away. Mr. Weatherby recommended that the permit be approved. John Dorris pointed out that the term of the permit should not be perpetual as requested. III Adjourn Evans Turpin made a motion to adjourn the public hearing.”

M. R. Gonzalez

Director, Precinct 1 Place 1 (Precinct 1 Place 1)

YES

Wayne Tinkler

Director, Iraan Representative (Iraan Representative)

YES

Jeff Sims

Director, Precinct 3 Place 2 (Precinct 3 Place 2)

YES

Vanessa Cardwell

Director, Precinct 4 Place 2 (Precinct 4 Place 2)

YES

Staff Report & Agenda Item Details

Public Hearing on Kenneth McIntyre’s Drilling/Production Permit Application Party representing application: Kenneth McIntyre. Protestant to application: None Public comment: Jeff Williams hand delivered public comment prepared by Ed McCarthy, Jr. of Jackson, Sjoberg, McCarthy & Townsend, L.L.P. on behalf of Fort Stockton Holdings, LP. Fort Stockton Holdings is not protesting the permit. He states that the notice is not properly posted and the application is not properly completed and therefore the hearing should not be held today. Mr. Harvey Gray, Pecos County WCID#1 Board President, spoke on behalf of PCWCID#1. They are not protesting the permit, but requests close monitoring. General Manager Paul Weatherby stated that the notice was properly posted, and that the application is administratively complete. Kenneth McIntyre made application on April 3, 2013 for a consolidated drilling/production permit. The property consists of 83 acres and is located on the North one-half of section 12, block 50, township 10, T&P Ry. Co. He is requesting 100 acre feet of water annually. Industrial use - 97 acre feet for a water station, and livestock use - 3 acre feet. The aquifer will be determined by the finished well, the aquifers overlap there. The closest producing well is owned by Pecos County WCID#1 on the North side of I-10 and is about 3/4 mile away. Mr. Weatherby recommended that the permit be approved. John Dorris pointed out that the term of the permit should not be perpetual as requested. III Adjourn Evans Turpin made a motion to adjourn the public hearing. Seconded by Weldon Blackwelder. Motion carried. Public hearing adjourned at 1:30 p.m. Middle Pecos GCD Minutes of April 16, 2013 Page 3 RECONVENE REGULAR BOARD MEETING

Bastiat Liberty & Property Rights Analysis

This motion is scored as EXPANDS_GOVERNMENT (Impact Weight: 5.1/10). Under the Bastiat Liberty Watchdog Index, measures that increase tax rates or fee schedules, issue new debt or Certificates of Obligation, expand regulatory/zoning restrictions on private land use, or authorize unbudgeted spending expansions reduce an official's Freedom Score when voted YES (and reward dissenting NO votes).