Belding Farms Asks Groundwater District to Create Fund for Water Well Mitigation

Fund to be Financed by Water Export Fee

FORT STOCKTON, Texas (Aug. 19, 2024) — Belding Farms, a nearly 60-year-old pecan grower in Fort Stockton, on Monday petitioned the local groundwater district to create a mitigation fund for offsetting water well impacts from lower aquifer levels that result from water exports, the first such petition in the state.

The fund would be financed by a fee on water exports from Pecos County and available to well owners who can show damages from the increased pumping required to supply water to buyers outside the county. The petition follows a new state law passed in 2023 that allows groundwater districts to set up mitigation funds for deepening wells and enlarging pumps, among other measures, to maintain water reliability.

“We are simply asking the groundwater district to ensure that landowners are made whole if their water wells run dry as a result of more pumping needed to export water,” said Ernie Cockrell, chairman of Cockrell Investment Partners, which owns Belding Farms. “A mitigation fund helps balance the desires of those who want to sell their water elsewhere with those who want to use it at home.”

During the last legislative session, lawmakers recognized the need to protect landowners who saw their wells unable to cope with declining aquifer levels that resulted from increased pumping associated with water exports, such as the Vista Ridge Project originating in Burleson County. House Bill 3059 enabled creation of mitigation funds to protect the production capacity of water wells impacted by water exports, following the example of the Post Oak Savannah Groundwater Conservation District.

As a companion petition, Belding Farms on Monday also asked the Middle Pecos Groundwater Conservation District to legally define “unreasonable impacts” that might qualify for the mitigation fund. Such impacts could include a 50 percent drop in the aquifer level.

“The petitions are intended to protect all landowners’ groundwater rights when one chooses to transfer large amounts of water away from the area,” said Ryan Reed, attorney for Belding Farms. “The legislature recognized that checks and balances are needed as water increasingly moves around the state.”

In July, the city of Midland moved a step closer to importing groundwater from Fort Stockton Holdings, which is owned by the Clayton Williams Family, and sharing it with the cities of Abilene and San Angelo. The Midland City Council executed a memorandum of understanding with the two other cities to build infrastructure for the water project, following a 2020 agreement to buy 28,400 acre-feet of water a year from Fort Stockton Holdings.

About 53 percent of the water would go to Midland, 29 percent to Abilene and 18 percent to San Angelo.

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