Lone Star Groundwater Conservation District Board of Directors met April 12

Lone Star Groundwater Conservation District Board of Directors met April 12.

Here is the agenda provided by the board:

1. Call to Order and Declare Hearing Open to the Public 

2. Roll Call 

3. Prayer and Pledges of Allegiance 

4. Any Public Comments or Requests to Contest and General Manager Permit Hearing Report and Recommendation on Granting, Denying, or Amending Applications for the following Operating Permits and/or Meter Exemptions: 

i. Rock Solid Precast L.P., for a proposed amendment to OP-11012403, well to be drilled at 11393 Sleepy Hollow Rd., Conroe, Commercial and Industrial use, (Driller of record: M&M Water Well); 

ii. Conroe Resort Utilities, LLC, for a proposed amendment to OP-06081501, well to be drilled at 600 Del Lago Blvd, Montgomery, in aggregate with a permitted amount of 104.1968 mg annually, Public Supply (PWS) use, (Driller of record: TBD); 

iii. Montgomery County E.S.D. #8 (Training Grounds #1), for a proposed operating permit for existing well not to exceed 0.112 mg annually, 20891 Elder Rd., Conroe, Commercial use; 

iv. Onsite Diesel, for a proposed well to be drilled at 12110 FM 2432, Willis, not to exceed 0.06 mg annually, Commercial use, (Driller of record: TBD); 

v. EG21, LLC (Emory Glen), for a proposed well to be drilled at 21500 FM 1488 Rd, Magnolia, not to exceed 4 mg annually, Public Supply (PWS) use, (Driller of record: Johnston Water Well); 

vi. LHC Development, LLC, for a proposed well to be drilled at 17965 Hwy 75 N, Willis, not to exceed 0.127 mg annually, Commercial and Irrigation use, (Driller of record: Ballard Water Well Co. LLC); 

vii. James B. Pope, for a proposed operating permit not to exceed 0.286 mg annually, 15973 Rabon Chapel Rd, Montgomery, in aggregate with HUPAG1500010, Commercial use; 

viii. James B. Pope, for a proposed amendment to HUPAG1500010, 15973 Rabon Chapel Rd, Montgomery, change of water use type only from Irrigation (Agriculture) to Commercial. 

ix. C & R Water Supply Inc (Rogers Road WS), for a proposed amendment to OP-07081008, well to be drilled at approx..650 ft NW of corner of Sarah Dr. and Coaltown Rd, (Lat. 30/26/27 Long. 95/28/7), Willis, in aggregate with a permitted amount of 20 mg annually, Public Supply (PWS) use, (Driller of record: Johnston Water Wells); and 

x. 10.Chambers Telge, LLC (Chambers Creek Subdivision), for a proposed well to be drilled at 1.25 miles West of 1-45/Longstreet intersection, (Lat. 30/26/27 Long. 95/30/47), Willis, not to exceed 20 mg annually, Public Supply (PWS) use, (Driller of record: TBD). 

5. Discussion, consideration, and possible action on the following Operating Permits and/or Meter Exemptions: 

i. Rock Solid Precast L.P., for a proposed amendment to OP-11012403, well to be drilled at 11393 Sleepy Hollow Rd., Conroe, Commercial and Industrial use, (Driller of record: M&M Water Well); 

ii. Conroe Resort Utilities, LLC, for a proposed amendment to OP-06081501, well to be drilled at 600 Del Lago Blvd, Montgomery, in aggregate with a permitted amount of 104.1968 mg annually, Public Supply (PWS) use, (Driller of record: TBD); 

iii. Montgomery County E.S.D. #8 (Training Grounds #1), for a proposed operating permit for existing well not to exceed 0.112 mg annually, 20891 Elder Rd., Conroe, Commercial use;

iv. Onsite Diesel, for a proposed well to be drilled at 12110 FM 2432, Willis, not to exceed 0.06 mg annually, Commercial use, (Driller of record: TBD);

v. EG21, LLC (Emory Glen), for a proposed well to be drilled at 21500 FM 1488 Rd, Magnolia, not to exceed 4 mg annually, Public Supply (PWS) use, (Driller of record: Johnston Water Well); 

vi. LHC Development, LLC, for a proposed well to be drilled at 17965 Hwy 75 N, Willis, not to exceed 0.127 mg annually, Commercial and Irrigation use, (Driller of record: Ballard Water Well Co. LLC); 

vii. James B. Pope, for a proposed operating permit not to exceed 0.286 mg annually, 15973 Rabon Chapel Rd, Montgomery, in aggregate with HUPAG1500010, Commercial use; 

viii. James B. Pope, for a proposed amendment to HUPAG1500010, 15973 Rabon Chapel Rd, Montgomery, change of water use type only from Irrigation (Agriculture) to Commercial;

ix. C&R Water Supply Inc (Rogers Road WS), for a proposed amendment to OP-07081008, well to be drilled at approx..650 ft NW of corner of Sarah Dr. and Coaltown Rd, (Lat. 30/26/27 Long. 95/28/7), Willis, in aggregate with a permitted amount of 20 mg annually, Public Supply (PWS) use, (Driller of record: Johnston Water Wells); and 

x. 10.Chambers Telge, LLC (Chambers Creek Subdivision), for a proposed well to be drilled at 1.25 miles West of 1-45/Longstreet intersection, (Lat. 30/26/27 Long. 95/30/47), Willis, not to exceed 20 mg annually, Public Supply (PWS) use, (Driller of record: TBD). 

6. Adjourn or continue permit hearing in whole or in part. 

The above agenda schedules for the meetings and hearings of the District represent an estimate of the order for the indicated items and are subject to change at any time. 

The Board of Directors may discuss, consider, and take action, including expenditure of funds, on any item or subject matter posted in this agenda. 

1. Call to Order and Declare Regular Meeting Open to the Public 

2. Roll Call 

3. Public Comment on any agenda item or any other matter (Public comment is limited to a maximum of 3 minutes per speaker); See Comment Card for Other Guidelines and Procedures 

4. Executive Session - The Board will recess for a closed Executive Session pursuant to Texas Government Code and section $551.071, to consult with the District's attorney regarding pending or contemplated litigation, settlement offers; or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act, Chapter 551, Government Code regarding any agenda item on any of the board meetings or hearings posted for today 

No action will be taken in Executive Session. 

5. Re-convene in Open Session. 

6. Discuss, consider, and take action as necessary concerning approval of Meeting Minutes: 

a) March 8, 2022, Public Hearing on Permit Applications 

b) March 8, 2022, Regular Board of Directors Meeting 

7. Committee Reports: 

A. Budget & Finance Committee - Jim Spigener, Chair 

1) Brief the Board on the Committee's activities since the last regular Board meeting 

2) Review of unaudited financials for the month of March 2022 – Samantha Reiter 3) Review of 1st Quarterly Investment Report 2022 

B. Communications Committee - Harry Hardman, Chair 

1) Brief the Board on the Committee's activities since the last regular Board meeting 

C. DFC & Technical Committee - Stuart Traylor, Chair 

1) Brief the Board on the Committee's activities since the last regular Board meeting 

D. Legislative Committee - Harry Hardman, Chair 

1) Brief the Board on the Committee's activities since the last regular Board meeting 

2) Discussion, consideration, and possible action on any items related to legislative matters pertaining to Lone Star GCD 

E. Rules, Bylaws & Policies Committee - Larry A. Rogers, Chair 

1) Brief the Board on the Committee's activities since the last regular Board meeting 

8. Receive information from District's technical consultants regarding subsidence studies and/or discussion regarding the same – Samantha Stried Reiter and/or District's technical consultant(s). 

9. Groundwater Management Area 14 – update the board on the issues related to joint planning activities and development of desired future conditions in GMA 14 - Samantha Reiter and/or District's technical consultant(s). 

a) Discussion, consideration, and possible action on any items related to Lone Star GCD's proposal(s) to and/or participation in GMA 14. 

10. Discussion and possible action to issue a show cause order directing the following permittees, or their designated representative, to appear at a show cause hearing for that purpose and show cause why appropriate enforcement action should not be taken, including without limitation initiating a lawsuit against it for failure to submit 2021 production report and/or fines associated with untimely submissions: 

1) Fisherman's Cove Resort - OP-08042501 

2) Hellas Construction, Inc. - OP-07071103

3) Kampgrounds of America - HUP080 / OP-05110402 

11. Discussion and possible action to issue a show cause order directing the following permittees, or their designated representative, to appear at a show cause hearing for that purpose and show cause why appropriate enforcement action should not be taken, including without limitation initiating a lawsuit against it for failure to remit 2022 water use fees and/or fines associated with untimely submissions: 

1) Jason Bill – OP-05042901 

2) Fisherman's Cove Resort - OP-08042501 

3) Hanson Aggregates, LLC - OP-17092001 

12. Discussion and possible action to issue a show cause order directing the following permittees, or 

their designated representative, to appear at a show cause hearing for that purpose and show cause why appropriate enforcement action should not be taken including without limitation initiating a lawsuit against it for overproduction of 2021 permitted allocation and/or fines associated with untimely submissions: 

1) Aqua Texas, Inc. (Bear Branch) / Aqua Texas, Inc. (Greenfield Forest) - HUP003 / OPO3-0040 

2) Aqua Texas, Inc. (Black Oak) - OP-16092601 

3) Aqua Texas, Inc. (Laird) - HUP205 

4) Aqua Texas, Inc. (Lake Conroe Village) - HUP016 / OP-07092601 

5) Aqua Texas, Inc. (Walnut Springs) - HUP022 

6) Aqua Texas, Inc. (West Lane) - OP-13032101 

7) Dollar General Store #18781 – OP-18052301 

8) Bo Mauch - OP-07062802 

9) Rusted Rock Barn, LLC dba Big Sky Barn - OP-15090801 

10) STI Realty, LLC - OP-19080502 

11) Western Rim Property Services (Mansion on the Park) – OP-13032003 

13. General Manager's Report - The General Manager will brief the Board on pertinent operational and management issues that the District, its employees, or consultants have encountered since the last regular Board meeting. - Samantha Stried Reiter 

14. General Counsel's Report – The District's legal counsel will brief the Board on any pertinent legal issues and developments impacting the District since the last regular Board meeting, and legal counsel's activities on behalf of the District, including without limitation: waste injection well monitoring activities and injection well applications filed at the Railroad Commission of Texas or the Texas Commission on Environmental Quality, including District protests or other actions regarding same; District ! activities; District Rules and regulations, and District Management Plan development or implementation issues; groundwater-related legislative activities; joint planning and desired future conditions development activities; contemplated and/or pending litigation involving the District; developments in groundwater case law and submission of legal briefs; legislation or legislative activities; contractual issues related to the District; open government, open records requests, policy, personnel, and financial issues of the District; and other legal activities on behalf of the District. - Stacey V. Reese. 

15. New Business. 

16. Adjourn. 

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