Public Hearing on Randy Braden’s Production Permit Application
Official Roll-Call Vote
Staff Report & Agenda Item Details
Public Hearing on Randy Braden’s Production Permit Application Parties Representing Mr. Braden: Mr. Randy Braden and Mr. Zach Brady Mr. Zach Brady, Randy Braden's lawyer, was given the floor. He was sworn in by John Dorris, Vice President. Three issues with the conditions imposed on the permit on January 15, 2013. Issue One: He is seeking relief from the permit condition requiring an Insta-Flow meter on each producing well prior to commencing irrigation in 2013. Mr. Braden currently has existing meters on his drip irrigation system to accurately measure the groundwater produced. He agrees to report his monthly usage to the District. Issue Two: The permit condition that requires plugging of "Abandoned" wells. There are several older wells on the property. They are equipped with a pump, functional casing, and pump column. The wells are not deteriorated and not abandoned. Mr. Braden requests that the District allow these wells to be capped in accordance with TDLR standards when they are not in active use. The two wells are SW1 and SW2. Middle Pecos GCD Minutes of February 19, 2013 Page 4 Issue Three: Mr. Braden requests the ability to produce 940 acre-feet for his crops, as he originally applied for. The Board decision granted 800 acre-feet on January 15, 2013. Allan Standen, MPGCD hydrogeologist, stated that we would be unable to differentiate between the aquifers to determine which aquifer was being pumped from. Stratigraphy shows Pecos Valley and Edwards/Trinity dual aquifers in his location. The screened interval covers both aquifers and the waters comingle. Other statements were made by: Randy Braden, Gary Drgac and Dr. David Pearson III Adjourn Janet Groth made a motion to adjourn the hearing. Seconded by Merrell Daggett. Motion carried and the hearing adjourned at 2:20 PM. SHOW CAUSE HEARING ON ALLEGED VIOLATION OF DISTRICT’S RULES BY ACOSTA DRILLING I Call to Order at 2:25 PM by John Dorris, Vice President II Show Cause Hearing on alleged violations of District’s Rules by Acosta Drilling Party representing Acosta Drilling: No one in attendance. On January 16, 2013 Victor M. Acosta, Jr. with Acosta Drilling out of Lamesa, Texas was sent via Priority Mail of the U.S. Postal Service with Delivery Confirmation by Return Receipt Requested, a notice of alleged violation of the rules of the Middle Pecos Groundwater Conservation District. Note: The notice was returned to MPGCD unclaimed. BASIS OF VIOLATION: The District has reason to believe that Acosta Drilling has drilled one or more wells without authority and without complying with drilling and reporting requirements of District Rules 11.1 and 13.1. The District has no record of receiving the required drilling approval form or the required well log report. If this information is correct, then Acosta Drilling is in violation of these rules. Rule 11.1(a) states that "no person may drill, operate, equip, complete, or alter the size of a well or well pump without first obtaining a permit (nonexempt wells) or approved pre-registration (exempt wells)." Rule 13.1 (b) states that "the driller of any exempt or nonexempt well shall file with the District the well log required by Section 1901.251, Texas Occupations Code, Middle Pecos GCD Minutes of February 19, 2013 Page 5 and, if available, the geophysical log and electric log." Acosta Drilling has failed to respond to informal requests by the District dated 11-30-2012, 12-11-2012, and 01-02-2013. Paul Weatherby: The only response from Acosta Drilling was on 01-31-2013,and that is when we were sent two drilling reports on Randy Braden. III Adjourn Merrell Daggett made a motion to adjourn the hearing. Seconded by Ronald Cooper. Motion carried and the hearing adjourned at 2:35 PM. HEARING ON PRODUCTION PERMIT APPLICATION FILED BY SCHUYLER WIGHT I Call to Order
Bastiat Liberty & Property Rights Analysis
This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 5.1/10). 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.