Letter from Needmore's Attorney to BSEACD

This is a letter written by Needmore's attorney in response to BSEACD's decision to issue Needmore a permit for the full amount they requested--289,080,000 gallons of water a year with special conditions requiring Needmore to reduce production when there are impacts to near by wells.

Essentially, Mr. McCarthy has two main arguments. One, that House Bill 3405, the law that extended BSEACD’s jurisdiction to cover Needmore Ranch, requires the District to conduct a hearing BEFORE issuing the permit. This is not how the District normally does things, it is not the procedure that is in the water code, and it is not how the district interpreted the law when they adopted rules implementing it. The second main argument that Mr. McCarthy is making is that the District should not be allowed to place special conditions on the permit requiring Needmore to reduce pumping if there are impacts—as HB 3405 requires them to issue the permit for the maximum production capacity of the well. He requests a contested case hearing to dispute the district placing special conditions on the permit, pointing out, however, that this contested hearing should take place only after the non contested hearing he thinks HB 3405 requires the Board to conduct prior to issuing the permit.