Presidio County is drilling down on rules for new wells. A landowner on Chispa Road was sent a cease and desist letter after the discovery of an outlaw well being drilled without a permit. Under Texas water code, all new wells require permits through the local groundwater conservation district.
Cameron McClintock, chair of the Presidio County Underwater Conservation District, said in a recent district meeting that he contacted the landowner where the outlaw well was located. The landowner denied knowledge of the well and then hung up on McClintock. The owner must respond to the letter by July 31 and cease operations, or face fines of $25,000 a day. The district did not make the landowner’s name public.
Well permits have become a flashpoint amid concerns over water usage related to border wall construction and other commercial activity. Residents fear that outsiders will deplete their limited natural resources, and have shown up in force to defend their aquifers.
The Presidio County Underwater Conservation District included a notice for their July 16 meeting that all support or protests to a well permit would be required to be made in person, and would be limited to qualified parties “with justifiable interest related to a legal right, duty, privilege, power, or economic interest” that would be affected by the application directly, and were within the authority of the groundwater district.
The approval process for a new well is typically straightforward, as the state’s right of capture laws dictate that the landowner retains rights to water on their land. The state and county can limit and monitor usage and mandate reductions for the community as a whole, but cannot dictate how the water is used individually.
A well permit for a new, 10-slot RV park in Presidio was unanimously approved following a correction to paperwork, allowing an exempt residential well to become a monitored commercial well through the end of 2026.
Fernando Juarez, who has faced recent scrutiny for his involvement with the groundwater conservation district while working for the Department of Homeland Security and renting his land to border wall contractors, was not present for the vote.
His place on the groundwater conservation board was reaffirmed by the Presidio City Council on July 13. Juarez continues to maintain that there is no conflict of interest between his job as a Homeland Security Investigations agent, his volunteer position on the water board, and his rental lease agreement with a wall contractor. The Department of Homeland Security has a stated policy prohibiting federal law enforcement officers from benefitting from federal contracts, but the agency can do legal reviews to allow for contractual arrangements — something Juarez said he received.
