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3 • FINANCEMiddle Pecos Groundwater Conservation District (Pecos County)

Comments from public and media. This item was re-opened.

Presented in: Middle Pecos GCD Board Meeting - 2017-07-18 on 2017-07-18
Meeting Agenda PDF

Official Roll-Call Vote

Routine / Procedural • 0.0 Score Impact
PASSED (4 - 0)
“Jr. made a motion to deny party status to Cockrell Investment Partners, LP. The motion was seconded by Jeff Sims. Middle Pecos GCD Minutes for July 18, 2017 Page 8 of 18 The vote: 7 For. 3 Against. 1 Absent. (Note: Weldon Blackwelder and John Dorris wanted to go on the record for voting against the motion.) Janet Groth made a motion to allow public comment. Motion seconded by John Dorris. Motion passed unanimously.”
MR
M. R. Gonzalez
Director, Precinct 1 Place 1 (Precinct 1 Place 1)
YES
WT
Wayne Tinkler
Director, Iraan Representative (Iraan Representative)
YES
PB
Puja Boinpally
Director, Precinct 1 Place 2 (Precinct 1 Place 2)
ABSENT
JS
Jeff Sims
Director, Precinct 3 Place 2 (Precinct 3 Place 2)
YES
VC
Vanessa Cardwell
Director, Precinct 4 Place 2 (Precinct 4 Place 2)
YES

Staff Report & Agenda Item Details

Comments from public and media. This item was re-opened. Mr. Gil Van Deventer, a professional geoscientist hydrogeologist in Odessa, TX, requested an update on the status of the uncontrolled artesian flowing wells in the San Andres formation in Northern Pecos County along Highway 1053 near Imperial, TX. He stated that the Texas Department of Transportation had dedicated 11 million dollars to reroute the road for the one sink hole. He feels the money would be better spent on actually fixing the problems, and feels that a path forward needs to be forged. He prepared a comprehensive plan of work to assess the condition of the wells and infrastructure problems in the area, and to prioritize and rank the problems. The Plan of work was submitted to MPGCD a few years ago and he was told that the Board decided to conduct their own internal investigation. Mr. Van Deventer requested to have a progress report at our next meeting. HEARING ON FORT STOCKTON HOLDINGS, L.P.’s APPLICATION FOR PRODUCTION PERMIT AND TRANSPORT AUTHORIZATION ON REMAND FROM THE EL PASO COURT OF APPEALS Call to order at 10:43 a.m. by President Jerry McGuairt. The hearing is on remand, pursuant to the Eighth District (El Paso) Court of Appeals’ Judgment and Memorandum Opinion issued June 14, 2017, on Fort Stockton Holdings, L.P.’s (FSH) application for production permit and transport authorization. The application requests authority to produce and beneficially use 28,400 acre feet of Edwards-Trinity Aquifer groundwater to be withdrawn from wells on FSH-owned (not lease) properties for municipal, industrial, and/or agricultural purposes within and outside the District. The permit would be subject to special conditions governing production restrictions based on aquifer-level triggers in certain monitor wells and adoption of a water conservation plan. The property that is subject of the application involves several thousand acres owned by Clayton Williams Farms, Inc. located in the Leon Belding Farms area of Pecos County, Texas, approximately 10-15 miles west-southwest of the City of Fort Stockton, south of IH-10 and west of FM 2037. Appearances of the Parties Present for the Hearing: Fort Stockton Holdings, L.P.: Ed McCarthy. Middle Pecos GCD General Manager: Mike Gershon and Ty Edwards. Middle Pecos GCD Minutes for July 18, 2017 Page 6 of 18 City of Fort Stockton: Mark Harral. Brewster County GCD: No one was present. However Drew Miller works for the law firm that represents them, but had not been asked to appear for them today. However, he would be available to answer questions on their behalf. Pecos County: Drew Miller. Pecos County WCID#1: Harvey Gray, President of the PCWCID#1 Board. Tom Beard: Mr. Bill Dugat, the attomey for the MPGCD Board of Directors during this proceeding, had received an email stating that he withdrew as a party to the proceedings. Mr. Bill Dugat wishes the email to be part of the record. Mark Bradley Davis: Mr. Bill Dugat reported that Mr. Davis’ lawyer, Lynn Sherman, would not appear. Lou Ann McKenzie, Individually and as Independent Executrix of Estate of Greqq McKenzie: Mr. Bill Dugat reported that Melanie McKenzie would not appear. Ruth Ann Ryan, Individually and as Independent Executrix of the Estate of L. B. Ryan: Mr. Bill Dugat reported that Melanie McKenzie would not appear. A request for party status was received from Cockrell Investment Partners, LP. (Cockrell) Mr. Buck Benson, the attorney for Cockrell Investment Partners, LP, stated that they have a justiciable interest and feels like this remand hearing is essentially a new hearing that is obviously going to affect their operation, or could affect the long term operation. And, they have some issues with the special conditions and the permitting. Parties to the Hearing comments on Cockrell’s request for party status: Fort Stockton Holdings, L.P.: Ed McCarthy stated that FSH opposes the request for party status. 1) Cockrell's interest in Belding Farms had notic

Bastiat Liberty & Property Rights Analysis

This docket item is classified as NEUTRAL (0.0 Score Impact). Routine administrative reports, monthly accounts payable/disbursement registers, minutes approvals, and procedural motions are logged for public transparency but carry zero weight in calculating an official's Roll-Call Freedom Score.