Lone Star Groundwater Conservation District Board of Directors met Oct. 8.
Here is the agenda provided by the board:
1. Call to Order and Declare Hearing Open to the Public
2. Roll Call
3. Show Cause Hearing for CWE Utilities LLC (HUP057A-CHEV and OP03-0015C-CHEV) pursuant to District Rule 12.5
A. Show Cause Hearing directing CWE Utilities LLC, ("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 remit the overproduction fees and fines associated with the 2023 withdrawal of groundwater in an amount which exceeded the specific amount authorized for withdrawal by less than ten percent (10%) of 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 the CWE Utilities LLC, 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 Dollar General Store #18781 (OP-18052301A- CHEV) pursuant to District Rule 12.5
A. Show Cause Hearing directing Dollar General Store #18781, ("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 remit the overproduction fees and fines associated with the 2023 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. take all other enforcement action that is necessary and appropriate under the laws of the State of Texas. Consider, discuss, and take action on matters raised in the Dollar General Store #18781, 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 Rayford RV LLC (OP-04050701A-CHEV) pursuant to District Rule 12.5
A. Show Cause Hearing directing Rayford RV LLC, ("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 2024 annual Water Use Fees 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 Rayford RV LLC, 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 SS Magnolia FM Road, LLC (OP-06012001B- CHEV) pursuant to District Rule 12.5
A. Show Cause Hearing directing SS Magnolia FM Road, LLC, ("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 2024 annual Water Use Fees 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 SS Magnolia FM Road, LLC, 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 Indigo Lakes Estates POA (OP-07060501E-CHEV) pursuant to District Rule 12.5
A. Show Cause Hearing directing Indigo Lakes Estates POA, ("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 2023 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 Indigo Lakes Estates POA, 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 Jim (Wanda) Fox (OP-07120501A-CHEV) pursuant to District Rule 12.5
A. Show Cause Hearing directing Jim (Wanda) Fox, ("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 2023 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 Jim (Wanda) Fox, 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 McCants Forest Land Limited Partnership (OPAG-05113001A-CHEV) pursuant to District Rule 12.5
A. Show Cause Hearing directing McCants Forest Land Limited Partnership, ("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 2023 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 McCants Forest Land Limited Partnership, 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 Ray's Nursery (HUPAG1500017-CHEV) pursuant to District Rule 12.5
A. Show Cause Hearing directing Ray's Nursery, ("Respondent"), pursuant to Groundwater Conservation District
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 2023 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.
A. Consider, discuss, and take action on matters raised in the Ray's Nursery, 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 or continue permit hearing in whole or in part.
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