Discussion and possible action on alleged violations by Audie Howell, Sr./

Staff Report & Agenda Item Details

Discussion and possible action on alleged violations by Audie Howell, Sr./ Howell Crane & Rigging, Inc., including but not limited to appropriate penalties and/or other enforcement remedies to be imposed and/or pursued in court. - Initial motion by Director Nielson; seconded by Director Miranda: Howell Crane & Rigging, Inc. and Audie and Velma Howell violated District Rules 5.3, 5.4, and 6.2 by not filing a Notice of Intent to Drill, by drilling a new well for non-exempt use without a Drilling Permit, by failing to meet spacing requirements, and by failing to register the well. Having considered each of the factors, the Board assessed a penalty of $10,000 for the violations, with three deadlines: - Cap or seal the well within 5 days. - Obtain a permit within 90 days that places the well in compliance with its intended agricultural use. - Pay the $10,000 penalty within 30 days. If any deadline was missed, the well must be plugged by Howell, and a lawsuit would be filed to enforce the judgment and pursue all allowable costs and fees under Section 36.102 of the Water Code. First amendment by Director Nielson; seconded by Director Miranda: Authorize the General Manager and the Board President to extend the permit deadline for good cause, and to set a final deadline if the extensions don’t resolve the matter. This responded to Ms. Cochran’s concern that 90 days might not be enough. Her reasons were the holidays, the lack of a December board meeting, and Howell’

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