Belding Farms Regrets Decision by Groundwater District To Deny Consideration of Proposed Rule Changes

Year-Round Protection of Aquifer Sought

FORT STOCKTON, Texas (March 19, 2024) — Belding Farms, a pecan grower in Fort Stockton, expressed regret over a decision by the Middle Pecos Groundwater Conservation District declining to consider changing district rules to add protections for the Edwards-Trinity Aquifer that underlies Pecos County and feeds Comanche Springs.

The district on Monday denied a petition by Belding Farms to open the rule-making process for consideration of Belding’s proposals to add year-round protections of the aquifer to the current protections that are triggered in winter-time only. The denial ostensibly was based on the district’s belief that its current rules are protective of the aquifer, according to Ryan Reed, Belding’s attorney.

"We regret that the groundwater district passed up an opportunity to boost protection of the aquifers in its jurisdiction,” said Ernie Cockrell, chairman of Cockrell Investment Partners, which owns Belding Farms. “We fear that the district’s current rules leave the aquifer vulnerable to depletion over the long term, a risk that could grow as water is exported out of the county."

Belding Farm’s proposed rules would add aquifer thresholds that trigger cutbacks in groundwater pumping if aquifer water levels fall too low at any time during the year, whereas current rules only contemplate cutbacks based on winter-time levels. The Belding proposals are based on aquifer drawdowns, which is the regulatory method used by most groundwater districts in Texas, rather than aquifer recovery, which the district rules target and is less common.

“Water sustainability is essential for our community, our farmers, our industry and all who depend on our aquifers,” said Pecos County Judge Joe Shuster. “I would prefer discussions now between all parties because of the aquifer recharge period of time, the aquifer drawdown period of time and the unknown impact of pumping 28,000 acre-feet of water someday."

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 water from Fort Stockton Holdings, which is owned by the Williams Family, which will be exported from Pecos County.

“In light of the district’s denial of our petition, Belding Farms will consider all of its administrative and legal options,” said Reed.

The petition is likely the first in the state under a new law that allows landowners to ask 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, 2023, after being passed by the legislature earlier last year.

The farm uses groundwater to irrigate its pecan orchard and has invested millions of dollars to increase the efficiency of its water usage over the 60 years of its operation.

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