The Middle Trinity Groundwater Conservation District considered orders to a well driller for non-compliance following a show cause hearing and voted to amend district rules during the regular meeting Thursday, May 9.
MTGCD is the governing body which oversees the permitting and management of groundwater in the counties of Erath, Comanche, Bosque and Coryell, working to ensure proper conservation of resources under Chapter 36 of the Texas Water Code.
This is handled through the registration of properly-spaced wells prior to the wells being drilled. During the April meeting, MTGCD General Manager Patrick Wagner informed the directors of reports of GAP Drilling Services violating several of the district rules by not seeking permits on a number of wells prior to drilling and drilling 10 water wells in close proximity on a single property in violation of the spacing requirements. Wagner also reported finding an open hole on one of the properties he was checking out.
MTGCD Legal counsel Ty Embrey was present for a show cause in the May meeting as Wagner offered a sworn statement about violations while GAP operator Montana Mize was present to offer comments afterwards.
Wagner issued a summary of facts dating back to June 2022 when the district was advised of an unregistered well in Bosque County and found the driller to be GAP. Mize was advised of proper registration procedure.
The district received a similar call in March 2023 about a well in Dublin on FM219 that was not registered, didn’t have a state well report and wasn’t completed to state standards. The district contacted the landowner, who had Mize contact the district. Mize was informed of the need for registration and approval of wells prior to drilling.
The next month, a local resident advised the district about several wells they believed were drilled by GAP in summer 2022. This report led to the discovery of numerous unregistered wells.
Another unregistered well was reported being drilled in Gatesville in August 2023 and Wagner went out to investigate, discovering a GAP rig with an apprentice on scene and Mize acting as supervisor.
In October 2023, the district sent a formal notice of rule violations and intent to prosecute. On November 30, 2023, the district was informed that GAP had drilled a local well, and the registration was received on December 29. (The drilling date on the state report was November 21, 2023.)
The district also discovered state well reports for wells on a site in Comanche County which only had two registrations. Through observation at a distance and collaboration with Google Earth and the Comanche CAD map, the district determined more wells had been drilled than the number of reports submitted to the state.
The district also contacted landowners found to have unregistered wells within the last two years. Several responded GAP had drilled their wells and didn’t know they weren’t properly documented. Wagner said the landowner had been very cooperative.
After his statement, Mize approached the directors and responded to a claim made by Wagner that a rig was discovered on a property in January prior to registration. Mize said the rig was moved there until registration could be handled. He also pledged that he would follow proper protocol going forward and said he had contacted the district to register prior to any drilling for the last couple of months.
“You’ll have them before I start anything,” he pledged.
The directors went into executive session and upon returning to open session, asked for an enforcement order issued by staff to be added to the June 6 meeting for consideration. (The order is subject to change pending new evidence or compliance.)
The order declared Mize had violated regulations by drilling water wells without prior authorization and failing to register beforehand as well as failing to follow well-spacing requirements and failing to submit state well reports to the district after well completion on numerous wells.
GAP was ordered to pay civil penalties of no less than $19,500 plus legal fees, provide the district with all known well locations since 2021, provide state well reports on all existing and outstanding wells in the district, plug 10 specified wells and an open hole on a Comanche property and comply with all directives within 30 days from the order’s approval. (Deadline may only be extended for good cause.)
The directors present unanimously approved amendments to district rules and the compliance policy after no comments were issued from the audience. These changes include setting fines for major and minor violations which are carried per violation, per day until back in compliance. Wagner was asked if these penalties will be for the well driller or homeowner, and he responded it will be determined based on the case.