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11 • REGULARPrairielands Groundwater Conservation District (Johnson County)

Show Cause Hearing for Orchard on the Brazos, pursuant to District Rule 9.6 a) Show Cause Order directing Orchard on the Brazos , (“Respondent”), to appear at a properly called and noticed hearing for such purposes to show cause why the Board should

Presented in: Board of Directors Meeting - 2020-09-21 on 2020-09-21
Meeting Agenda PDF

Official Roll-Call Vote

Restrains Gov't • 2.6/10 Impact Weight
PASSED (8 - 0)
“Motion to approve item 11: Show Cause Hearing for Orchard on the Brazos, pursuant to District Rule 9.6 a) Show Cause Order directing Orchard on the Brazos , (“Respondent”), to appear at a properly called and noticed hearing for”
MO
Maurice Osborn
Director, Ellis County Place 1 (Ellis County Place 1)
YES
JC
John Curtis
Director, Hill County Place 1 (Hill County Place 1)
YES
BM
Barney McClure
Director, Johnson County Place 1 (Johnson County Place 1)
YES
GF
Gary Farmer
Director, Somervell County Place 1 (Somervell County Place 1)
YES
MM
Marty McPherson
Director, Ellis County Place 2 (Ellis County Place 2)
YES
BD
Brad Daniels
Director, Hill County Place 2 (Hill County Place 2)
YES
PT
Paul Tischler
Director, Johnson County Place 2 (Johnson County Place 2)
YES
CB
Charles Beseda
Director, Somervell County Place 2 (Somervell County Place 2)
YES

Staff Report & Agenda Item Details

Show Cause Hearing for Orchard on the Brazos, pursuant to District Rule 9.6 a) Show Cause Order directing Orchard on the Brazos , (“Respondent”), to appear at a properly called and noticed hearing for such purposes to show cause why the Board should not issue a cease and desist order indefinitely suspending operation of the Well, initiate legal action against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, and other administrative and/or civil penalties, and attorney’s fees and court costs incurred by the District in the prosecution of claims against Respondent, and take all other necessary and appropriate enforcement action against Respondent authorized under the law. b) Consider, discuss, and take action on matters raised in the Orchard on the Brazos show cause hearing, including, but not limited to, issuing a cease and desist order, authorizing filing of a civil suit against Respondent in State District Court, and taking all other enforcement action described in Agenda Item No. 11.a). c) Consider, discuss, and take action on petition from Orchard on the Brazos for extension of time to submit Historic Use Permit application.

Bastiat Liberty & Property Rights Analysis

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.