The Cross Section, Volume 17, Number 5, May 1971 Page: 3
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May, 1971 THE CROSS SECTION Page 3
BOARD OF DIRECTORS
HOLD PUBLIC HEARINGTwo Public Hearings were called
on May 19, 1971, by the Board of
Directors of the High Plains Under-
ground Water Conservation District
No. 1. The Hearings were called as
a means of administratively enforcing
the District's Rules and Regulations.
One situation, in which the District
has alleged a violation of its rules,
resulted in the Hearing being held in
the Al Allison Court Room of the new
Law School at Texas Tech University.
The second Hearing, which had been
scheduled for that day, was not held
since an arrangement was reached be-
tween the party, whom the District
had alleged had caused a violation, and
the District just prior to the Hearing.
In the case in which the Hearing
was actually held the District had al-
leged that Mr. J. E. Franklin of Lub-
bock County, was operating two wells
on a farm he owns and operates, the
two wells being allegedly drilled and
operated in violation of the District's
Rules and Regulations. In that case
the Board of Directors ordered Mr.
Franklin to either close or reequip the
two wells.
After listening to the evidence and
testimony presented at the Hearing
and listening to Mr. Franklin's state-
ment that he did drill the two wells
in question on the land he is farming,
without obtaining permits as is re-
quired by the District's Rules, the
Board issued a finding of their Hear-
ing and then issued an ORDER upon
that finding.
The finding stated that the two wells
were drilled after the date the District
began to require a permit to drill a
well, one capable of producing in ex-
cess of 100,000 gallons per day (69.4
gpm), and that the two wells are pres-
ently equipped in such a manner thatthey are capable of producing in ex-
cess of 100,000 gallons per day. The
finding also stated that the wells were
drilled without benefit of a permit
from the District.
The Board in its ORDER to Mr.
Franklin, requires him to cease oper-
ating the two existing wells in violation
of the District's Rules, and that the
two wells must either be closed or re-equipped by July 3, 1971. If they
are reequipped, they must be re-
quipped in such a manner that they
would not be capable of producing in
excess of 100,000 gallons per day
(69.4 gpm).
Mr. Franklin has fifteen days from
the date of the Hearing in which to
request a rehearing on this matter by
the Board of Directors.
On the same property, but not in
connection with the illegally drilled
wells, the Board also directed Mr. J.
E. Franklin to close or cap two large
open holes which are apparently aban-
doned irrigation wells. They are to
be closed or capped in accordance
with the District's Rule concerning
capping of open wells. They also di-
rected Mr. Franklin to re-complete or
plug two additional wells on the north-
west part of the same farm, in such
a manner that pollution or contamina-
tion of the underground water reser-
voir in the Ogallala Formation will
not be permitted.
In other administrative action the
same day, the Board of Directors unan-
imously accepted an agreement signed
by Mr. Joe Greenlee of Lubbock,
Texas. Mr. Greenlee is the Trustee of
a farm in Lubbock County where the
District had alleged that waste of
groundwater was being committed.
In lieu of the Hearing which had
been scheduled on a tailwater waste
complaint, the Board of Directors ac-
cepted a consent agreement which had
been worked out between Mr. Green-
lee and employees of the District prior
to the Hearing. Mr. Greenlee agreed
to require his leasees to abide by all
rules and regulations of the District.
In the agreement was an acknowledge-
ment of the District's jurisdiction with
regard to tailwater waste as it is out-
lined in both the District's Rules andthe Statutes of Texas.
After accepting the agreement, the
Board instructed the District's Mana-
ger to take the appropriate steps to
abate waste in accordance with the
District's Rules and Regulations and
the Statutes of Texas in the event tail-
water is permitted to escape from that
particular land in the future.-u
Frank Rayner (left) addresses the Board of Directors at their recent Public Hearing
held in the Al Allison Court Room at the School of Law on the Texas Tech Univer-
sity Campus. Members of the Board of Directors are (left to right) Billy Wayne
Sisson, Ray Kitten, Selmer Schoenrock, Ross Goodwin, and Chester Mitchell.-
)-
_-i
Mr. J. E. Franklin (standing left), who had allegedly drilled twcowells in violation of
the District's Rules, is shown presenting his testimony to the Board. The District's
attorney, John Seymour (standing right), is shown listening to the testimony of
Mr. Franklin. Seymour presented information concerning the two wells which the
staff had collected.rw,mll
BUREAU OF RECLAMATION APPOINTS
AREA PLANNING OFFICERAppointment of Norman G. Flaigg,
52, to be Area Planning Officer in
charge of the Bureau of Reclamation's
Austin Development Office, Austin,
Texas, was announced April 14 by the
Department of the Interior.
Commissioner of Reclamation Ellis
L. Armstrong said Flaigg is being pro-
moted to this key position in Texas
water development because of the high
quality of his performance during
many years of experience in planning
activities in the Bureau. The Austin
Office is in the Bureau's Region 5,
which has headquarters in Amarillo,
Texas."Mr. Flaigg's experience includes
more than six years in his present
Area Engineer position in the Bureau's
Oklahoma City Development Office,"
Mr. Armstrong said. "He is familiar
with the West Texas - Eastern New
Mexico Import Project, a major study
being conducted largely by the Austin
Development Office."
Flaigg was born in Deadwood, S.D.
He holds B.S. Degrees in Civil Engi-
neering from the South Dakota School
of Mines and in Sanitary Engineering
from the University of Illinois and a
Master's Degree from the University
of Oklahoma.mana
Mr. Harley Franklin (standing), a neighbor of Mr. I. E. Franklin, is pictured as he
was making a statement to the Board of Directors. Under the District's Rules,
anyone who might have an interest in a case being heard is permitted to present
any statements, testimony, or evidence which is relevant to the issue before the
Board.May, 19 71
THE CROSS SECTION
Page 3
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Reference the current page of this Periodical.
High Plains Underground Water Conservation District No. 1 (Tex.). The Cross Section, Volume 17, Number 5, May 1971, periodical, May 1971; Lubbock, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1532954/m1/3/?q=%22Landscape+and+Nature+-+Water%22: accessed July 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.