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Lone Star Groundwater Conservation District Board of Directors met May 10.
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. TPHTL HBL, LLC (future MUD #152), for 2 proposed wells to be drilled at approximately 635 ft NW of intersection of Lexington Blvd and Future Townsen Rd., (Lat. 30/7/22 Long. 95/20/54) and (Lat. 30/7/22 Long. 95/20/54), Spring, not to exceed 3 mg annually, Public Supply (PWS) use, (Driller of record: Weisinger Incorporated);
ii. Clover Creek MUD, for a proposed amendment to OP-05112902, well to be drilled approximately 100 yds East of Forest Hill Dr./Cloverleaf Dr. Intersection; 30 yards South of Cloverleaf Drive, (Lat. 30/10/18 Long 95/45/30), Magnolia, in aggregate with a permitted amount of 5,478,000 gallons, Public Supply (PWS) use, (Driller of record: To be determined);
iii. David Valdos Mendoza, for a proposed well to be drilled at 2850 Weir Rd., Cleveland, not to exceed 2.709 mg annually, Commercial use, (Driller of record: Weisinger Incorporated);
iv. Korolev Tennis, LLC, for a proposed well to be drilled at 15214 Sunset Trail, Conroe, not to exceed 0.1095 mg annually, Commercial use, (Driller of record: Ricky Bonds Water Wells);
v. Affordable Storage, for a proposed well to be drilled at 13780 Park Ave, Conroe, not to exceed 0.25 mg annually, Commercial use, (Driller of record: Scott Drilling);
vi. Dos Aguas Water System, for a proposed amendment to OP-21032301, well to be drilled approximately 600 ft east of intersection of FM 1097 and McCrorey Rd, (Lat 30/30/31 Long 95/22/44), Willis, increase of 32 mg annually, Public Supply (PWS) use, (Driller of record: Holly Water Wells); and
vii. Blue Horizon RV, for a proposed well to be drilled at 13075 FM 1485, Conroe, not to exceed 0.255 mg annually, Public Supply use, (Driller of record: Ricky Bonds Water Wells).
5. Discussion, consideration, and possible action on the following Operating Permits and/or Meter Exemptions:
i. TPHTL HBL, LLC (future MUD #152), for 2 proposed wells to be drilled at Approximately 635 ft NW of intersection of Lexington Blvd and Future Townsen Rd., (Lat. 30/7/22 Long. 95/20/54) and (Lat. 30/7/22 Long. 95/20/54), Spring, not to exceed 3 mg annually, Public Supply (PWS) use, (Driller of record: Weisinger Incorporated);
ii. Clover Creek MUD, for a proposed amendment to OP-05112902, well to be drilled approximately 100 yds East of Forest Hill Dr./Cloverleaf Dr. Intersection; 30 yards South of Cloverleaf Drive, (Lat. 30/10/18 Long 95/45/30), Magnolia, in aggregate with a permitted amount of 5,478,000 gallons, Public Supply (PWS) use, (Driller of record: To be determined);
iii. David Valdos Mendoza, for a proposed well to be drilled at 2850 Weir Rd., Cleveland, not to exceed 2.709 mg annually, Commercial use, (Driller of record: Weisinger Incorporated);
iv. Korolev Tennis, LLC, for a proposed well to be drilled at 15214 Sunset Trail, Conroe, not to exceed 0.1095 mg annually, Commercial use, (Driller of record: Ricky Bonds Water Wells);
v. Affordable Storage, for a proposed well to be drilled at 13780 Park Ave, Conroe, not to exceed 0.25 mg annually, Commercial use, (Driller of record: Scott Drilling);
vi. Dos Aguas Water System, for a proposed amendment to OP-21032301, well to be drilled approximately 600 ft east of intersection of FM 1097 and McCrorey Rd, (Lat 30/30/31 Long 95/22/44), Willis, increase of 32 mg annually, Public Supply (PWS) use, (Driller of record: Holly Water Wells); and
vii. Blue Horizon RV, for a proposed well to be drilled at 13075 FM 1485, Conroe, not to exceed 0.255 mg annually, Public Supply use, (Driller of record: Ricky Bonds Water Wells).
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.
NOTICE OF HEARING TUESDAY, MAY 10, 2022, AT 6:00 P.M.
SHOW CAUSE HEARING ON ENFORCEMENT MATTERS
(TO BEGIN UPON ADJOURNMENT OF THE ABOVE-LISTED PUBLIC HEARINGS)
1. Call to Order and Declare Hearing Open to the Public
2. Roll Call
3. Show Cause Hearing for Fisherman’s Cove Resort, pursuant to District Rule 12.5
A. Show Cause Hearing directing Fisherman’s Cove Resort, ("Respondent"), pursuant to District Rule 12.5, to appear before the Lone Star GCD Board of Directors and show cause why the District should not:
1) issue a cease-and-desist order pursuant to District Rule 12.6(c) failure to remit 2022 annual water use fees and/or fines associated with timely submission and failure to submit the 2021 annual water production report and/or fines associated with timely submission;
2) file a civil suit against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, other civil penalties, and attorney’s fees and court costs incurred by the District in the prosecution of claims against Respondent for its violations of District Rules; and
3) take all other enforcement action that is necessary and appropriate under the laws of the State of Texas.
B. Consider, discuss, and take action on matters raised in the Fisherman’s Cove Resort, show cause hearing, including, but not limited to, issuing a cease-and desist order described in Agenda Item No. 3.A.1., authorizing filing of a civil suit against Respondent in State District Court as described in Agenda Item No. 3.A.2. and taking all other enforcement action described in Agenda Item No. 3.A.3.
4. Show Cause Hearing for Kampgrounds of America, pursuant to District Rule 12.5
A. Show Cause Hearing directing Kampgrounds of America, ("Respondent"), pursuant to District Rule 12.5, to appear before the Lone Star GCD Board of Directors and show cause why the District should not:
1) issue a cease-and-desist order pursuant to District Rule 12.6(c) failure to submit 2021 annual water production report and/or fines associated with timely submission;
2) file a civil suit against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, other civil penalties, and attorney’s fees and court costs incurred by the District in the prosecution of claims against Respondent for its violations of District Rules; and
3) take all other enforcement action that is necessary and appropriate under the laws of the State of Texas.
B. Consider, discuss, and take action on matters raised in the Kampgrounds of America, show cause hearing, including, but not limited to, issuing a cease-and desist order described in Agenda Item No. 4.A.1., authorizing filing of a civil suit against Respondent in State District Court as described in Agenda Item No. 4.A.2. and taking all other enforcement action described in Agenda Item No. 4.A.3.
5. Show Cause Hearing for Aqua Texas, Inc. (Bear Branch) / Aqua Texas, Inc. (Greenfield Forest), pursuant to District Rule 12.5
A. Show Cause Hearing directing, Aqua Texas, Inc. (Bear Branch) / Aqua Texas, Inc. (Greenfield Forest) ("Respondent"), pursuant to District Rule 12.5, to appear before the Lone Star GCD Board of Directors and show cause why the District should not:
1) issue a cease-and-desist order pursuant to District Rule 12.6(c) for failure to submit the Consent Order and/or remit the overproduction fees and fines associated with the 2021 withdrawal of groundwater in an amount which exceeded the specific amount authorized for withdrawal by ten percent (10%) or greater than the authorized amount;
2) file a civil suit against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, other civil penalties, and attorney’s fees and court costs incurred by the District in the prosecution of claims against Respondent for its violations of District Rules; and
3) take all other enforcement action that is necessary and appropriate under the laws of the State of Texas.
B. Consider, discuss, and take action on matters raised in Aqua Texas, Inc. (Bear Branch) / Aqua Texas, Inc. (Greenfield Forest) show cause hearing, including, but not limited to, issuing a cease-and-desist order described in Agenda Item No. 5.A.1., authorizing filing of a civil suit against Respondent in State District Court as described in Agenda Item No. 5.A.2., and taking all other enforcement action described in Agenda Item No. 5.A.3.
6. Show Cause Hearing for Aqua Texas, Inc. (Black Oak), pursuant to District Rule 12.5
A. Show Cause Hearing directing Aqua Texas, Inc. (Black Oak), ("Respondent"), pursuant to District Rule 12.5, to appear before the Lone Star GCD Board of Directors and show cause why the District should not:
1) issue a cease-and-desist order pursuant to District Rule 12.6(c) for failure to submit the Consent Order and/or remit the overproduction fees and fines associated with the 2021 withdrawal of groundwater in an amount which exceeded the specific amount authorized for withdrawal by ten percent (10%) or greater than the authorized amount;
2) file a civil suit against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, other civil penalties, and attorneys’ fees and court costs incurred by the District in the prosecution of claims against Respondent for its violations of District Rules; and
3) take all other enforcement action that is necessary and appropriate under the laws of the State of Texas.
B. Consider, discuss, and take action on matters raised in the Aqua Texas, Inc. (Black Oak) show cause hearing, including, but not limited to, issuing a cease and-desist order described in Agenda Item No. 6.A.1., authorizing filing of a civil suit against Respondent in State District Court as described in Agenda Item No. 6.A.2., and Taking all other enforcement action described in Agenda Item No. 6.A.3.
7. Show Cause Hearing for Aqua Texas, Inc. (Laird), pursuant to District Rule 12.5
A. Show Cause Hearing directing Aqua Texas, Inc. (Laird), ("Respondent"), pursuant to District Rule 12.5, to appear before the Lone Star GCD Board of Directors and show cause why the District should not:
1) issue a cease-and-desist order pursuant to District Rule 12.6(c) for failure to submit the Consent Order and/or remit the overproduction fees and fines associated with the 2021 withdrawal of groundwater in an amount which exceeded the specific amount authorized for withdrawal by ten percent (10%) or less than the authorized amount;
2) file a civil suit against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, other civil penalties, and attorneys’ fees and court costs incurred by the District in the prosecution of claims against Respondent for its violations of District Rules; and
3) take all other enforcement action that is necessary and appropriate under the laws of the State of Texas.
B. Consider, discuss, and take action on matters raised in Aqua Texas, Inc. (Laird) show cause hearing, including, but not limited to, issuing a cease-and-desist order described in Agenda Item No. 7.A.1., authorizing filing of a civil suit against Respondent in State District Court as described in Agenda Item No. 7.A.2., and Taking all other enforcement action described in Agenda Item No. 7.A.3.
8. Show Cause Hearing for Aqua Texas, Inc. (Lake Conroe Village) ("Respondent"), pursuant to District Rule 12.5
A. Show Cause Hearing for Aqua Texas, Inc. (Lake Conroe Village) pursuant to District Rule 12.5, to appear before the Lone Star GCD Board of Directors and show cause why the District should not:
1) issue a cease-and-desist order pursuant to District Rule 12.6(c) for failure to submit the Consent Order and/or remit the overproduction fees and fines associated with the 2021 withdrawal of groundwater in an amount which exceeded the specific amount authorized for withdrawal by ten percent (10%) or less than the authorized amount;
2) file a civil suit against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, other civil penalties, and attorneys’ fees and court costs incurred by the District in the prosecution of claims against Respondent for its violations of District Rules; and
3) take all other enforcement action that is necessary and appropriate under the laws of the State of Texas.
B. Consider, discuss, and take action on matters raised in the Aqua Texas, Inc. (Lake Conroe Village) show cause hearing, including, but not limited to, issuing a cease-and-desist order described in Agenda Item No. 8.A.1., authorizing filing of a civil suit against Respondent in State District Court as described in Agenda Item No. 8.A.2., and Taking all other enforcement action described in Agenda Item No. 8.A.3.
9. Show Cause Hearing for Aqua Texas, Inc. (Walnut Springs) ("Respondent"), pursuant to District Rule 12.5
A. Show Cause Hearing for Aqua Texas, Inc. (Walnut Springs) pursuant to District Rule 12.5, to appear before the Lone Star GCD Board of Directors and show cause why the District should not:
1) issue a cease-and-desist order pursuant to District Rule 12.6(c) for failure to submit the Consent Order and/or remit the overproduction fees and fines associated with the 2021 withdrawal of groundwater in an amount which exceeded the specific amount authorized for withdrawal by ten percent (10%) or greater than the authorized amount;
2) file a civil suit against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, other civil penalties, and attorneys’ fees and court costs incurred by the District in the prosecution of claims against Respondent for its violations of District Rules; and
3) take all other enforcement action that is necessary and appropriate under the laws of the State of Texas.
B. Consider, discuss, and take action on matters raised in the Aqua Texas, Inc. (Walnut Springs) show cause hearing, including, but not limited to, issuing a cease-and-desist order described in Agenda Item No. 9.A.1., authorizing filing of a civil suit against Respondent in State District Court as described in Agenda Item No. 9.A.2., and Taking all other enforcement action described in Agenda Item No. 9.A.3.
10. Show Cause Hearing for Aqua Texas, Inc. (West Lane) ("Respondent"), pursuant to District Rule 12.5
A. Show Cause Hearing for Aqua Texas, Inc. (West Lane) pursuant to District Rule 12.5, to appear before the Lone Star GCD Board of Directors and show cause why the District should not:
1) issue a cease-and-desist order pursuant to District Rule 12.6(c) for failure to submit the Consent Order and/or remit the overproduction fees and fines associated with the 2021 withdrawal of groundwater in an amount which exceeded the specific amount authorized for withdrawal by ten percent (10%) or greater than the authorized amount;
2) file a civil suit against Respondent in State District Court seeking enforcement of District rules and the collection of all due and owing water use fees, late payment penalties, other civil penalties, and attorneys’ fees and court costs incurred by the District in the prosecution of claims against Respondent for its violations of District Rules; and
3) take all other enforcement action that is necessary and appropriate under the laws of the State of Texas.
B. Consider, discuss, and take action on matters raised in the Aqua Texas, Inc. (West Lane) show cause hearing, including, but not limited to, issuing a cease and-desist order described in Agenda Item No. 10.A.1., authorizing filing of a civil suit against Respondent in State District Court as described in Agenda Item No. 10.A.2., and Taking all other enforcement action described in Agenda Item No. 10.A.3.
11. Adjourn Show Cause Hearing on Enforcement Matters.
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