Victoria County Groundwater Conservation District

Transcription

1 Directors: Mark Meek President Jerry Hroch Vice-President Barbara Dietzel Secretary Thurman Clements Kenneth Eller THE STATE OF TEXAS VICTORIA COUNTY The Victoria County Groundwater Conservation District Board of Directors' Meeting and Permit Hearings convened at the Dr. Pattie Dodson Health Center, 2805 N. Navarro St., Room 108, Victoria, Victoria County, Texas, on October 18,2013 at 9:00AM. Meeting Attendance: Precinct 1: Precinct 2: Precinct 3: Precinct 4: At Large: General Manager: Legal Counsel: Agenda Items - Mr. Jerry Hroch, Vice President Mr. Thurman Clements, Jr., Director Mrs. Barbara Dietzel, Secretary Mr. Mark Meek, President Mr. Kenneth Eller, Director Mr. Timothy Andruss Mr. James Allison Present Absent Present Present Present Present Present 1. Call to order and welcome guests. Meeting Discussion: Mr. Meek called the meeting to order at 9:00AM. The following guests were present: Mr. Jerry James, Mr. James Biddle, Mr. Jeff Woodring, Mr. David Horecka, Mr. Matt Wickham, Mr. Stephen Grahmann, Mr. J. T. Chandler, Mr. Roger Dixon, Ms. Linda Bollman, Mr. Daniel Frazier, Mr. Kenneth Lynch, Mr. James Dwyer, Mr. George Smajstrla, Ms. Ashley Turner, Mr. Valentin Perez, Mr. Donald Snow, Mr. Greg Sampson, Mr. James Dodson, Mr. Micah Hatley, Ms. Amy Hodges, Ms. Lucy Morales, Ms. Estella Medina, Mr. Larry Murray, Mr. Danny Garcia. Board Action: None. 2. Public Comment. Meeting Discussion: Mr. Jerry James made public comment, with updates on drought and groundwater/surface water exchange. Board Action: None. VCGCD Minutes- October 18, 2013 Page 1 of 16

2 3. Public hearing to receive public input concerning the revised rules designated as the Proposed Rules of the Victoria County Groundwater Conservation District. The revised rules specify the regulations related to registration and permitting of water wells, protection of historic use, water well spacing, groundwater production, well completion standards, fees, violations and enforcement, and administrative procedures. Mr. Meek opened the public hearing at 9:01 AM. Public Comment: Mr. Jerry James of City of Victoria gave public comment with concerns about expansion of historic use validation period and dormant well provisions. Board Action: Mr. Hroch moved to close the public hearing at 9:09AM. Mr. Eller seconded the motion. The following vote was made: With four (4) ayes and zero (0) nays, the motion passed. 4. Consent Agenda (Related documents delivered to board members prior to the meeting.) All consent agenda items listed are considered to be routine by the District and can be acted upon by one motion. Meeting Discussion: None. Board Action: Mr. Eller moved to (1) accept and approve the meeting minutes for the meetings held on September 20, 2013, (2) accept and approve the financial reports for September 2013, (3) authorize the general manager to increase the encumbrances associated with PBW Task Orders 19 and 20 by $5, each and pay the following invoices from the appropriate accounts: r PBW 1Inv PBW!lnv ~11 r... PBW ]Inv PBW llnv Victoria County ]Office Lease 10/1/13 to 12/31/13 \/ictoria County joffic~ Lease 1/l!i4 to 9/30/14 1AGD "N '~j \FY13/14 Membership Dues VCGCD Minutes- October 18, 2013 Page 2 of 16

3 With four (4) ayes and zero (0) nays, the motion passed. 5. Permit Hearing and consideration of, including action on, permit applications - Mr. Gilbert G. Navaira for Vast Properties, LLC seeks approval of drilling and operating permits requested under applications ADW and AOW for a non-grandfathered well for commercial uses located on a 5.0 acre tract of land located near the intersection of Lonestar Rd. and Zac Lentz Pkwy., Victoria County, Texas. The requested production amount is 2.5 acre-feet per year. Mr. Meek opened the permit hearing at 9:12AM. Public Comment: None Board Action: Mr. Hroch moved to close the permit hearing at 9:14AM. Mr. Eller seconded the motion. The following vote was made. With four (4) ayes and zero (0) nays, the motion passed. Meeting Discussion: Mr. And russ explained that the annual volume of groundwater requested in the drilling and operating permit applications satisfied the District's production limitations established under VCGCD Rule (1/2 acftlyr per acre owned or controlled). Mr. And russ explained that the maximum rate of withdrawal requested in the application satisfied the spacing limitations established under VCGCD Rule 4.2 (50' property line offset, 1' of spacing per 1 GPM from the nearest registered well) if the new well is drilled in a location that is at least 50 feet from the nearest property line. Board Action: Mr. Eller moved to authorize the general manager to (1) issue a drilling permit to Vast Properties, LLC under application ADW with the condition that the new well shall not be located within 50 feet of the nearest property line, and (2) issue an operating permit to Vast Properties, LLC under application AOW upon well completion and registration with the following conditions in accordance with the District Rules: 1. Authorized Purpose of Use: commercial uses; VCGCD Minutes- October 18, 2013 Page 3 of 16

4 2. Maximum Rate of Production per Minute: 50 GPM; 3. Maximum Rate of Production per Day: 72,000 GPO; 4. Maximum Rate of Production per Year: 2.5 ac-fuyr; 5. All existing and future wells will be permitted such that the total annual groundwater production rate will not exceed the 1/2 acre foot per acre owned or controlled limitation; 6. The well site shall be accessible to District representatives for the purposes of collecting groundwater samples from the permitted well and the permit holder agrees to cooperate fully in any reasonable efforts to collect groundwater samples from the well by the District representatives; 7. Groundwater production from the new well shall be reported quarterly to the District using the District's groundwater production report; and 8. Groundwater production from the new well is prohibited until the approved production permit is fully executed. At Large: Mr. Kenneth Eller, Director Aye 6. Permit Hearing and consideration of, including action on, permit applications - Mr. Richard & Ms. Tina Kunkel for Kunkel Inspection, LLC seeks approval of drilling and operating permits requested under applications ADW and AOW for a non-grandfathered well for oil field services uses located on a 5.65 acre tract of land located near the intersection of production amount is 2.8 acre-feet per year. Mr. Meek opened the permit hearing at 9:16AM. Public Comment: None Board Action: Mr. Hroch moved to close the permit hearing at 9:18AM. Mr. Eller seconded the motion. The following vote was made. With four (4) ayes and zero (0) nays, the motion carried Meeting Discussion: Mr. And russ explained that the annual volume of groundwater requested in the drilling and operating permit applications satisfied the District's production limitations established under VCGCD Rule (1/2 acftlyr per acre owned or controlled). VCGCD Minutes- October 18, 2013 Page 4 of 16

5 Mr. And russ explained that the maximum rate of withdrawal requested in the application satisfied the spacing limitations established under VCGCD Rule 4.2 (50' property line offset, 1' of spacing per 1 GPM from the nearest registered well) if the new well is drilled in a location that is at least 50 feet from the nearest property line. Board Action: Mr. Eller moved to authorize the general manager to (1) issue a drilling permit to Kunkel Inspection, LLC under application ADW with the condition that the new well shall not be located within 50 feet of the nearest property line, and (2) issue an operating permit to Kunkel Inspection, LLC under application AOW upon well completion and registration with the following conditions in accordance with the District Rules: 1. Authorized Purpose of Use: oil field services uses; 2. Maximum Rate of Production per Minute: 50 GPM; 3. Maximum Rate of Production per Day: 72,000 GPO; 4. Maximum Rate of Production per Year: 2.8 ac-ftlyr; 5. All existing and future wells will be permitted such that the total annual groundwater production rate will not exceed the 1/2 acre foot per acre owned or controlled limitation; 6. The well site shall be accessible to District representatives for the purposes of collecting groundwater samples from the permitted well and the permit holder agrees to cooperate fully in any reasonable efforts to collect groundwater samples from the well by the District representatives; 7. Groundwater production from the new well shall be reported quarterly to the District using the District's groundwater production report; and 8. Groundwater production from the new well is prohibited until the approved production permit is fully executed. 7. Permit Hearing and consideration of, including action on, permit applications Mr. JeffS. Woodring for Industrial Independent School District seeks approval of drilling and operating permits requested under applications ADW and AOW for a grandfathered well for Public Water System uses located on a 20.0 acre tract of land located near the intersection of FM 444 S. and Strnadel Rd., Victoria County, Texas. The requested production amount is 10.0 acre-feet per year. VCGCD Minutes- October 18, 2013 Page 5 of 16

6 Mr. Meek opened the permit hearing at 9:20AM. Public Comment: None Board Action: Mr. Hroch moved to close the permit hearing at 9:22AM. Mr. Eller seconded the motion. The following vote was made. Meeting Discussion: Mr. And russ explained that the annual volume of groundwater requested of the drilling and operating permit applications satisfied the District's production limitations established under VCGCD Rule (1/2 acftlyr per acre owned or controlled). Mr. And russ explained that the maximum rate of withdrawal requested in the application satisfied the spacing limitations established under VCGCD Rule 4.2 (50' property line offset, 1' of spacing per 1 GPM from the nearest registered well) if the new well is drilled in a location that is at least 150 feet from the nearest property line. Board Action: Mr. Eller moved to authorize the general manager to (1) issue a drilling permit to Industrial Independent School District under application ADW with the condition that the new well shall not be located within 150 feet of the nearest property line, and (2) issue an operating permit to Industrial Independent School District under application AOW upon well completion and registration with the following conditions in accordance with the District Rules: 1. Authorized Purpose of Use: Public Water System uses; 2. Maximum Rate of Production per Minute: 150 GPM; 3. Maximum Rate of Production per Day: 216,000 GPO; 4. Maximum Rate of Production per Year: 10.0 ac-ftlyr; 5. All existing and future wells will be permitted such that the total annual groundwater production rate will not exceed the 1/2 acre foot per acre owned or controlled limitation; 6. The well site shall be accessible to District representatives for the purposes of collecting groundwater samples from the permitted well and the permit holder agrees to cooperate fully in any reasonable efforts to collect groundwater samples from the well by the District representatives; 7. Groundwater production from the new well shall be reported quarterly to the District using the District's groundwater production report; and 8. Groundwater production from the new well is prohibited until the approved production permit is fully executed. VCGCD Minutes- October 18, 2013 Page 6 of 16

7 8. Permit Hearing and consideration of, including action on, permit applications - Ms. Linda M. Bollman seeks approval of a historic use validation permit requested under application AVW for a grandfathered well for commercial uses located on a 0.75 acre tract of land located near the intersection of Nursery Dr. and Raab Rd., Victoria County, Texas. The requested production amount is 2.0 acre-feet per year. Mr. Meek opened the permit hearing at 9:24AM. Public Comment: Ms. Bollman explained that her estimate of historic use is based on the number of customers typically served per day and on estimate of their water usage. Board Action: Mr. Hroch moved to close the permit hearing at 9:36AM. Mr. Eller seconded the motion. The following vote was made. Meeting Discussion: Mr. Andruss explained that Ms. Bollman had submitted an administratively complete applications to register and validate historic use for a water well used for commercial uses. The well had been assigned registration number GW The application includes evidence supporting the requested historic use. Board Action: Mr. Eller moved to authorize the general manager to issue a validation permit for 2.0 acre-feet per year for well GW for commercial use purposes in accordance with District Rules, contingent on submission of a worksheet on method of determining amount of estimated historic use. VCGCD Minutes- October 18, 2013 Page 7 of 16

8 9. Permit Hearing and consideration of, including action on, permit applications - Mr. Valentin Perez seeks approval of drilling and operating permits requested under applications ADW and AOW for a nongrandfathered well for commercial uses located on a 2.0 acre tract of land located near the intersection of U.S. Hwy. 77 and Northside Rd., Victoria County, Texas. The requested production amount is 1.0 acre-feet per year. Mr. Meek opened the permit hearing at 9:38AM. Public Comment: None Board Action: Mr. Hroch moved to close the permit hearing at 9:39AM. Mr. Eller seconded the motion. The following vote was made. Meeting Discussion: Mr. And russ explained that the annual volume of groundwater requested of the drilling and operating permit applications satisfied the District's production limitations established under VCGCD Rule (1/2 acftlyr per acre owned or controlled). Mr. And russ explained that the maximum rate of withdrawal requested in the application satisfied the spacing limitations established under VCGCD Rule 4.2 (50' property line offset, 1' of spacing per 1 GPM from the nearest registered well) if the new well is drilled in a location that is at least 50 feet from the nearest property line. Board Action: Mr. Eller moved to authorize the general manager to (1) issue a drilling permit to Mr. Perez under application ADW with the condition that the new well shall not be located within 50 feet of the nearest property line, and (2) issue an operating permit to Mr. Perez under application AOW upon well completion and registration with the following conditions in accordance with the District Rules: 1. Authorized Purpose of Use: commercial uses; 2. Maximum Rate of Production per Minute: 20 GPM; 3. Maximum Rate of Production per Day: 28,800 GPO; 4. Maximum Rate of Production per Year: 1.0 ac-ftlyr; 5. All existing and future wells will be permitted such that the total annual groundwater production rate will not exceed the 1/2 acre foot per acre owned or controlled limitation; 6. The well site shall be accessible to District representatives for the purposes of collecting groundwater samples from the permitted well and the permit holder VCGCD Minutes- October 18, 2013 Page 8 of 16

9 agrees to cooperate fully in any reasonable efforts to collect groundwater samples from the well by the District representatives; 7. Groundwater production from the new well shall be reported quarterly to the District using the District's groundwater production report; and 8. Groundwater production from the new well is prohibited until the approved production permit is fully executed. At Large: Mr. Kenneth Eller, Director Aye 10. Permit Hearing and consideration of, including action on, permit applications Mr. Micah W. Hatley for O'Connor & Hewitt Real Estate, LP seeks approval of three historic use validation permits and an aggregate production permit requested under applications AVW , AVW , AVW , AAP for three grandfathered wells for irrigation and waterfowl uses located on a acre tract of land located near the intersection of Beck Rd. E. and Wigington Ln., Victoria County, Texas. The requested production amount is 1,945 acre-feet per year per well with a total aggregate production amount of 5,835 acre-feet per year. Mr. Meek opened the permit hearing at 9:41 AM. Public Comment: None Board Action: Mr. Hroch moved to close the permit hearing at 9:47AM. Mr. Eller seconded the motion. The following vote was made. Meeting Discussion: Mr. And russ explained that Mr. Hatley for O'Connor & Hewitt Real Estate, LP had submitted administratively complete applications to register, validate historic use, and aggregate production for three water wells used for irrigation and waterfowl use purposes. The wells had been assigned registration numbers GW , GW , and GW The application included evidence supporting the requested historic use. Board Action: Mr. Eller moved to (1) require the exhibits and evidence supporting the estimated level of production from previous rice-irrigation VCGCD Minutes- October 18, 2013 Page 9 of 16

10 applications be incorporated into applications AVW , 07, 09, and AAP ; and (2) authorize the general manager to issue individual validation permits for 1,945 acre-feet per year for wells GW , GW , and GW for irrigation and waterfowl use purposes in accordance with District Rules and an aggregate production permit for the three wells with an annual authorized groundwater production volume of 5835 acrefeet in aggregate in accordance with District Rules. 11. Consideration of and possible action on a presentation regarding lnvista's water supply needs and future utilization of groundwater resources of Victoria County. Meeting Discussion: Mr. Andruss explained that the District had received an application packet from lnvista related to permitting of groundwater production in addition to the previously permitted historic use. The District invited lnvista to make an informative presentation to the Board to explain their permitting request and the associated information included to support their request. lnvista representatives made a presentation. Board Action: Mr. Eller moved to authorize General Manager to seek technical support to review lnvista's applications packet and associated information. Ms. Dietzel seconded the motion. The following vote was made. 12. Consideration of and possible action on the GMA 15 Desired Future Condition and possible proposals for new or amended DFC statements. Meeting Discussion: Mr. And russ explained that the GMA 15 continued to make progress in its efforts to consider and adopt a Desired Future Condition (DFC). The GMA 15 representatives accepted a proposal from lntera Inc. recently. Technical work related to the development and adoption of a DFC is anticipated to begin in January GMA 15 representatives had requested VCGCD Minutes- October 18, 2013 Page 10 of 16

11 that any district wishing to propose an amended or new DFC provide at least 60 days of notice to the members prior to consideration by the GMA. Mr. And russ explained that the present DFC statement for GMA 15 reads: ''An average drawdown of the Gulf Coast Aquifer within the GMA 15 boundary of 12 feet relative to year 1999 starting conditions in accordance with Table 7 of GAM Run Addendum." Mr. Andruss explained that Table 7 of GAM Run Addendum includes 60 year drawdown projections and annual production quantified (i.e. MAGs) for each county of the GMA. In Victoria County's case, the projections indicate that drawdowns would range between 0.0 to 1.0 feet in 60 years (a 9.2 foot recovery for the Chicot Component, a 4.1 foot drawdown in the Evangeline Component) with a constant production rate 35,698 acre-feet per year (8, 159 ac-ft/yr for the Chicot Component, 27,951 ac-ft/yr for the Evangeline Component). Mr. Andruss explained that consequently, the DFC may be improperly, in his view, perceived by some as: the District is attempting to manage the aquifer to achieve a 0' to 1' drawdown over 60 years not a drawdown of approximately 12 feet; the District is attempting to manage the aquifer so that production is limited to GW production in the VC to historic use levels and thereby stifling growth; the District is foregoing production volumes in the MAG to attain the DFC (with very modest drawdown parameters for Victoria County) while surrounding counties are receiving greater production volumes in the MAG to attain the DFC (with significantly larger drawdown parameters for those counties) ; the District has accepted a DFC that is based on essentially one of an infinite number of pumping scenarios that could develop; the District has caused a/the violation of the DFC if actual measurements (drawdown or pumping) exceeds the parameters in Table 7. Mr. And russ explained that if the District wished to avoid these perceptions, the District may want to advocate for a GMA 15 DFC that is either 1) less defined by proposing an amended DFC that reads "An average drawdown of the Gulf Coast Aquifer within the GMA 15 boundary of 12 feet relative to year 1999 starting conditions in accordance with Table 7 of GAM Run Addendum."; or 2) more specific by proposing an amended DFC that reads "An average drawdown of the Gulf Coast Aquifer for each county within the GMA 15 boundary of 12 feet relative to year 1999 starting conditions in accordance '.vith Table 7 of GAM Run Addendum." VCGCD Minutes- October 18, 2013 Page 11 of 16

12 Alternatively, if the District may wish to propose a completely new DFC statement for consideration the GMA. Board Action: Mr. Eller moved to request that GMA 15 consider an alternate Desired Future Condition that does not include a reference to Table 7 of GAM Run Addendum. 13. Consideration of and possible action on agreement with lntera Inc. related to providing professional services to GMA 15 for the adoption of a desired future condition. Meeting Discussion: Mr. Andruss explained that at the GMA 15 meeting held on October 10, 2013, the GMA representatives accepted the revisions to the lntera proposal for providing consulting services to GMA 15. The representatives requested that VCGCD consider entering into a contract with lntera on the behalf of the GMA 15 member districts for the purpose of obtaining those services described in the proposal as revised. Board Action: Mr. Eller moved to authorize the general manager to negotiate final contract terms with lntera Inc. for the purposes of obtaining professional services for development and adoption of DFCs for GMA 15 and authorize the Board President to execute the final contract for the same purpose. Mrs. Dietzel seconded the motion. The following vote was made. 14. Consideration of and possible action on investigation of water quality degradation in southeastern portion of Victoria County. Meeting Discussion: Mr. Andruss explained that previously, the Board was notified that the District had recently received reports from well drillers that an area near Bloomington was experiencing significant water quality changes, increased salinity, in zones that had typically produced fresh groundwater. VCGCD Minutes- October 18, 2013 Page 12 of 16

13 Mr. Andruss explained that Mr. Wickham of PBW was asked to develop a task order for the purpose of task order request for the initial phase of evaluation of the groundwater conditions in the Serene Drive area of Victoria County. Board Action: Mr. Eller moved to authorize the general manager to 1) accept and execute Task Order PBW-22 and 2) pay the associated invoices in an amount not to exceed $7, Consideration of and possible action on technical review of injection well applications. Meeting Discussion: Mr. Andruss explained that PBW continued to monitor injection wells within Victoria County. The District had several protests of injection well applications registered with the Railroad Commission of Texas. Board Action: Mr. Eller moved to withdraw the District's protest on T-C Oil Company's application for a saltwater Injection Well on tracking number Consideration of and possible action on professional services related to conducting a financial audit of fiscal year Meeting Discussion: Mr. And russ explained that Mr. Goldman of Goldman, Hunt and Notz, LLP had offered to perform an audit of the District's financial statements for Fiscal Year The estimated expense to perform the audit is $7, Board Acton: Mr. Eller moved to authorize the general manager engage Goldman, Hunt and Notz, LLP for the purposes of conducting a financial audit as described in the engagement letter submitted by Mr. Goldman and pay associated invoices in an amount not to exceed $7, VCGCD Minutes- October 18, 2013 Page 13 of 16

14 Precinct 1: Mr. Jerry Hroch, Vice President Precinct 2: Mr. Thurman Clements, Jr., Director Precinct 3: Mrs. Barbara Dietzel, Secretary Precinct 4: Mr. Mark Meek, President At Large: Mr. Kenneth Eller, Director Aye Absent Aye Aye Aye 17. General Manager's Report. Regional Water Planning: The next GMA 15 meeting is scheduled for January 9, The next South Central Texas (Region L) RWPG Quarterly Meeting is scheduled for November 7, Victoria County Groundwater Advisory Committee Update: The next meeting of the Committee is to be determined. District Registration and Permitting Update: VCGCD Minutes- October 18,2013 Page 14 of 16

15 Aquifer Monitoring Update: U.S. Drought Monitor Texas October 15, 2013 (Released Thursday, Oct. 17, 2013) Valid7 a.m. EDT Current 9.10!) Last~k 10.~.-20}3 I 6.60 i S MonthsAgo 7/H;,.zo 1:: St<rt of Calend..- Year '/lli..:'0 1J Stlrt of WlterYe : 119( 0,12 I OneYearA!Jo '1!Y.!OI2 in/en S'ilv. DO!'I'mounallyDry D1 Modera1~ Drought D2 S~vere Drought R D3ExhemeDmughl R 04 E:,oep11oroal Drot~ght Tht: Drought.Monitor tocu&e& on btoad--.scale c-ot)d.tions. Lix a! con,:ij/ion.s n:oy vaw See accompanyillg text.summ>w fc r Ioree e.st s/.:jien:~mt->. Author: Ric/lard Tinker CPCINOAAJN'v\IS:/NCEP... USDA http :1/droughtmonitor.unl.edu/ Complaints and Investigations: Office Administration: Calendar of Events: Public Hearing for VCGCD Proposed Rules: October 21, 2013 at 5:30 PM South Texas Farm and Ranch Show: October 23-24, 2013 Region L: November 7, 2013 VCGCD Meeting: November 15, Adjourn. Future Agenda Items VCGCD Minutes- October 18, 2013 Page 15 of 16

16 Meeting Discussion: None Board Action: Mr. Hroch moved to adjourn the meeting at 12:41 PM. Mr. Eller seconded the motion. The following vote was made: With four (4) ayes and zero (0) nays, the motion passed. Prepared by: Barbara Dietzel, Board Secretary. Victoria County Groundwater Conservation District Official THE ABOVE AND FOREGOING MINUTES WERE READ AND APPROVED ON THIS THE /S-1 DAYOF Yz~ A.D. dlj/..:3. Director of the Victoria County Groundwater Conservation District ATTEST: VCGCD Minutes- October 18, 2013 Page 16 of 16