February 23, 2024 – Special Meeting and Public Hearing – Minutes

THE STATE OF TEXAS
COUNTY OF KENDALL
COW CREEK GROUNDWATER CONSERVATION DISTRICT

February 23, 2024

The Board of Directors of the Cow Creek Groundwater Conservation District (CCGCD) convened the Regular Meeting in the District Board Room located at 9 Toepperwein Road, Boerne, Texas.

 

Directors Present:

Milan J. Michalec – District 2 (President)

Bob Webster – District 1 (Vice President)

Curt Campbell – District 4 (Treasurer)

Allan P. Bloxsom III – At Large (Secretary)

Directors Absent:

Ben Eldredge – District 3 (Asst. Secretary/Treasurer)

  1. Call to Order: Meeting called to order at 3:30 PM.
  2. Pledge of Allegiance: Led by Director Michalec.
  3. Establishment of a Quorum: A quorum was established with 4 out of 5 directors present. Executive session began at 3:32 PM and ended at 3:46 PM.                     
  4. Public comment: No public comment.
  5. Public Hearing on the Notice of Violation and Enforcement for the unpermitted existing well no. W2760 for the City of Fair Oaks Ranch, located at 205 Cibolo Ridge Trail (Jose Ramon Arocha Survey No. 171, Abstract No. 2 Kendall County, Cibolo Ridge Subdivision, Unit 1, Lot 4).
    • Joe Davis, attorney for the City of Fair Oaks Ranch-believes they should be granted a variance and that CCGCD should not be applying the current rules to the application.
    • Greg Maxton, mayor of the City of Fair Oaks Ranch-stated this was an unfortunate situation, and he does not agree with the process and felt they weren’t allowed to discuss the situation to find a way to resolve it.
    • Bill Flint, Cibolo Ridge POA President-stated that the City of Fair Oaks Ranch has not responded to any requests for information. They are extremely concerned about the amount of water being requested. Said they were willing to meet with F.O.R., but no meeting has been set due to scheduling conflicts.
  6. Discussion and possible action related to District Enforcement for the unpermitted existing well no. W2760 for the City of Fair Oaks Ranch, located at 205 Cibolo Ridge Trail (Jose Ramon Arocha Survey No. 171, Abstract No. 2 Kendall County, Cibolo Ridge Subdivision, Unit 1, Lot 4) to require immediate compliance with applicable District Rules, including but not limited to:
    1. submission of an administratively complete permit application that complies with the applicable District Rules, including a maximum groundwater production request for the actual groundwater water rights legally controlled by the City of Fair Oaks Ranch under District Rule 10.2.C.;
    2. curtailment of pumping of well no. W2760 to an amount that does not exceed current rates allowed under District Rule 10.2.C. If Fair Oaks Ranch has not secured the legal authority to produce the groundwater from any additional adjacent properties, the maximum annual pumping allowed would be 4.03 acre-feet (1,313,180 gallons) annually; and
    3. submission of weekly meter readings for well no. W2760 until an operating permit is issued. The applicant shall submit a meter reading by the close of business on Friday every week. The meter reading shall be emailed to manager@ccgcd.org.
  7. Correspondence: N/A.
  8. Future meeting dates and meeting topics: Public Hearing and Board Meeting scheduled for Wednesday, March 20th at 6:00 PM.
  9. Adjournment: The meeting was adjourned at 4:06 PM.

MINUTES APPROVED:

 


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