Consider and/or act upon Presiding Officer's order in the Pecos SS, LLC

Staff Report & Agenda Item Details

Consider and/or act upon Presiding Officer's order in the Pecos SS, LLC contested hearing and ruling on Fort Stockton Holdings, L.P.'s request for a hearing before the State Office of Administrative Hearings (SOAH) or, alternatively, that a SOAH Judge serve as a Hearings Examiner, and possible engagement of legal counsel to assist Presiding Officer with contested hearing. On July 24, 2014 the Presiding Officer, Jerry McGuairt, was informed that Pecos SS, LLC retained Mr. Drew Miller as its legal counsel. Fort Stockton Holdings, LLC requested a hearing before the State Office of Administrative Hearings (SOAH). This is denied. Fort Stockton Holdings alternative request that a SOAH Administrative Law Judge serve as a Hearings Examiner is denied. The parties are ordered to coordinate to inform the Presiding Officer no later than August 1, 2014, what discovery, hearing date and other procedural matters are agreed upon or may require a ruling. The General Manager, Paul Weatherby, suggests that the District’s Board of Directors or Presiding Officer not set any agenda item in August for further action at a meeting or hearing on Pecos SS’s pending application. John Dorris made a motion for J. D. Head of Fritz, Byrne, Head & Harrison, PLLC, to represent the Board during the Pecos SS, LLC hearing(s) and to sign a contract with Mr. Head. Motion seconded by Vanessa Cardwell. Motion carried unanimously. XII Consider and/or act upon Progress Reports: Well Registrations, Production Permits, Drilling Permits, Data Loggers, ongoing Water Quality Analysis, Drought Map • Well Registrations: Ongoing progress. • Water Quality Analysis: Continuing to gather samples. • Drilling Permits: Brigham has sent in a notice of intent for “oil & gas” use • Data Loggers: Removed a few because the well is now being used. • Election: We will have 3 contested races for the November 4th election. Middle Pecos GCD Minutes of August 19, 2014 Page 11 XIII Consider and/or act upon General Manager’s Correspondence and Report • Keeping an eye on brackish water pending legislation • Groundwater Summit: Leaving Monday to attend Summit • Ty Edwards will be attending the Region F meeting on August 21st • Email from Railroad Commission regarding PPC possible contamination • Abandon wells test: on July 31, 2014 a test passed and the next day it blew out on Six S Properties • PPC Operating: On September 18 & 19 there is a hearing on our protest to their application. We do not know if we have party status at this time. • Far West Texas Conference: September 18-20th, Mr. Weatherby has been invited to speak, as in the past, but he may go to Austin hearing. • Lone Star Summit: In Austin will be December 10-12, 2014. XIV Directors’ comments No comments XV Consider and/or act upon agenda for next meeting • City of Fort Stockton Drilling permit at 10:30 • STW presentation XVI Adjourn Merrell Daggett made a motion to adjourn the meeting at 3:14 p.m. Motion seconded by Weldon Blackwelder. Motion carried unanimously. __________________________________ __________________________

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 2.9/10). 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.