Belding Farms Petitions Groundwater District to Strengthen Rules

Belding Farms Petitions Groundwater District to Strengthen Rules

Year-Round Protection of Aquifer Sought

FORT STOCKTON, Texas (Sept. 5, 2023) — Belding Farms, a pecan grower in Fort Stockton, filed a petition with the Middle Pecos Groundwater Conservation District (GCD) to strengthen rules intended to protect the Edwards-Trinity Aquifer that underlies Pecos County and feeds Comanche Springs.

The petition asks the district to introduce a year-round threshold for the Edwards-Trinity Aquifer that would trigger cutbacks in groundwater pumping if aquifer water levels fall too low at any time and bolster the current winter recovery thresholds that are manipulable and overly complex. Also, the petition seeks more rigorous measurement of groundwater pumping and more meaningful penalties for breaking the rules.

"Belding Farms is simply asking the groundwater district to do its job of protecting the aquifers in its jurisdiction," said Ernie Cockrell, chairman of Cockrell Investment Partners, which owns Belding Farms. "Our goal is to strengthen the District's ability to manage the Edwards-Trinity Aquifer for long-term sustainability, which is needed by water users in Fort Stockton and Pecos County, including Belding Farms.

"Belding’s proposed rules are designed to help prevent harm to the aquifer because the existing rules are insufficient to do so," Cockrell continued. "Clearer and more protective thresholds are needed on a year-round basis."

Belding Farms uses groundwater to irrigate its pecan orchard and has invested millions of dollars to increase the efficiency of its water usage.

The petition follows a new state law that allows landowners to petition local groundwater conservation districts to adopt or modify their rules prospectively, rather than having to resort to legal challenges after actions are taken. The law took effect on Sept. 1 after being passed by the legislature earlier this year.

The petition is part of a two-pronged effort by Belding Farms to ensure greater protection of the Edwards-Trinity Aquifer ahead of planned groundwater exports from Pecos County by Fort Stockton Holdings, a Williams Family company. The other prong is a legal challenge to the export permit granted by the Middle Pecos GCD to Fort Stockton Holdings in 2017, which may be unnecessary if the district adopts a meaningful year-round threshold with cutbacks.

Since 2017, Cockrell/Belding Farms has filed multiple lawsuits and appeals challenging the validity of the original export permit and renewals in 2020 and 2023.

"Belding Farms is not opposed to water exports as long as adequate rules are in place to protect the aquifer," Cockrell explained. The cities of Midland, Abilene and San Angelo have contracted to buy the water that Fort Stockton Holdings intends to export.

"Aquifer sustainability is just as critical for the cities planning to import water as it is for the exporting area," Cockrell added. "One of the best gauges of the health of the Edwards-Trinity Aquifer is Comanche Springs and they are ailing."

ABOUT BELDING FARMS

Belding Farms (beldingpecanfarms.com) is owned by Cockrell Investment Partners, LP, and has operated for more than 55 years in Pecos County. The farm produces an average of 5 million pounds of pecans a year on 2,200 acres of land. The operation invests $2 million annually in employee payroll and processing plant and has invested millions of dollars in irrigation efficiency over the years. Belding Farms is one of the oldest commercial establishments in Fort Stockton.

Belding Farms Contact:

Zachary Swick, General Manager
E: ZSwick@beldingfarms.com
T: 432.395.2460

Legal Contact:

Ryan C. Reed, Partner
Pulman, Cappuccio & Pullen, LLP
T: 210.892.0425

Water Policy Contact:

Carlos Rubinstein
carlos@rsah2o.com
512-797-0292