R. Gonzalez, Secretary/Treasurer

Staff Report & Agenda Item Details

M. R. Gonzalez, Secretary/Treasurer Date Approved O/- Bel Page 5 of 5 —EqeEpeqEqe—————————————— Minutes of 11-18-2025 NOTICE OF PUBLIC HEARING ON PROPOSED RULES OF THE MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT November 18. 2025 at 10:00 a.m. 405 North Spring Drive, Fort Stockton, Texas 79735 The Middle Pecos Groundwater Conservation District (District) will receive public input at a hearing on proposed amendments to the District’s rules intended to implement changes to statutory law enacted by the 89" Texas Legislature by modifying the procedure and maximum amount of penalties for rules violations and changing the agenda notice period for certain meetings under the Texas Open Meetings Act to three business days. The hearing will be held at 10:00 a.m. on November 18, 2025, at 405 North Spring Drive, Fort Stockton, Texas. A copy of the proposed rule amendments will be available 20 days before the hearing at the District's office at 405 North Spring Drive, Fort Stockton, Texas, and on the District’s web site at www.middlepecosged.org. ig Yih 1% \p) OCT 23 2025 UZ AWN CLERK COUNTY Cour™ 9cLOS CO, TEXAS by Ale iB. Demy << DRAFT - PROPOSED RULE AMENDMENT — NOVEMBER 2025 >> MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT excerpt of DISTRICT RULES Proposed Amendments to Rules (Set for Public Hearing on November 18, 2025) Proposed additions reflected in underlined text, and proposed deletions reflected in steike-out. ok FOR CONVENIENCE OF REVIEW, ONLY THOSE RULES THAT ARE PROPOSED TO BE AMENDED OR REPEALED OR THAT ARE HELPFUL AND PROVIDE CONTEXT TO THE PROPOSED AMENDMENTS OR REPEAL HAVE BEEN INCLUDED IN THIS EXCERPT. << DRAFT ~ PROPOSED RULE AMENDMENT — NOVEMBER 2025 >> RULE 6.5 PETITION TO MODIFY OR ADOPT DISTRICT RULE (f) Notice of the Board’s consideration of and action on a petition shall be included on a Board agenda with three (3) eatendar business days’ notice compliant with the Texas Open Meetings Act. RULE 11.9 PERMIT APPLICATIONS 11.9.1 Requirements for All Permit Applications: (e) The applicant must provide the District with the information relevant to the type of application that is required in this Rule 11.9 for the District to declare that the application is administratively complete. If the District provides a written list of application deficiencies, the applicant shall have 60 (sixty) calendar days to fully respond to the General Manager’s satisfaction, after which a deficient application expires. The applicant may request an extension of this 60-day period or a ruling on the administrative completeness of its application by filing a written request with the District. The District will set an applicant’s request under this rule on its next regularly scheduled Board meeting agenda, with three (3) ealendar business days’ notice compliant with the Texas Open Meetings Act. The Board will consider and take action on an applicant’s request under this rule at this meeting. RULE 15.3 RULE ENFORCEMENT; ENFORCEMENT HEARING 15.3.3 Remedies (a) The Board shall consider the appropriate remedies to pursue against an alleged violator during the show cause hearing, including assessment of a civil penalty, injunctive relief, or assessment of a civil penalty and injunctive relief. In assessing civil penalties, the Board may determine that each day that a violation continues shall be considered a separate violation. The civil penalty for a violation of any District rule is hereby set at the lower of $40,000.00 $25,000.00 per violation per_day or a lesser amount determined after consideration, during the enforcement hearing, of the criteria in subsection (b) of this rule, unless a higher amount per violation per day is justified if it is determined that the person gained an economic benefit as a result of the violation that was greater than $25,000.00, and, if justified, in an amount determined to be necessary and appropriate to outweigh the economic benefit gained by the person as a result of the viola