Title
Consider recommendation from the Permits/Enforcement Committee to accept the settlement counter-offer from Pesca Pluma, LLC, a Texas limited liability company, related to exceeding authorized groundwater withdrawals during 2016.
Body
RECOMMENDED MOTION:
Move the board accept the counter-offer regarding the pending enforcement matter presented below.
SUMMARY:
The purpose of this agenda item is for the board to consider a Permits/Enforcement Committee recommendation to accept a counter offer from Pesca Pluma, LLC, which was identified as exceeding annual authorized industrial (Industrial Ag) groundwater withdrawal amounts during 2016 on Permit P107-068. This entity was permitted to withdraw 98.740 acre-feet. Pesca Pluma, LLC, reported a total of 129.838 acre-feet withdrawn, thus exceeding their annual authorized amount by 31.098 acre-feet. Through an administrative settlement based on a late-filed transfer, the entity was allowed additional authorization of 22.380 acre-feet, thus reducing the over-pumped amount to 8.718 acre-feet. The settlement offered for this alleged violation is $4,529.76, which includes an escalator for a previous over-pumping violation, consistent with the EAA settlement guidelines.
On July 12, 2017, Mr. Buck Benson, on behalf of Pesca Pluma, LLC, sent a letter to EAA staff acknowledging the alleged violation and explaining problems the permit holder encounter with the separate meters on a shared well, that likely contributed to the over-pumped conditions. Pesca Pluma, LLC, stated their desire to present a counter-offer to the EAA to resolve this matter.
Since this is the first time Pesca Pluma, LLC, is being considered for a deferred settlement, they have offered to pay $226.48 towards the settlement (representing 5% of the settlement amount), pay the $200.00 administrative settlement associated with the late-filed transfer, and be allowed to defer collection of the remaining balance ($4,303.28), pending no over-pumping t...
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