Atl045FOl-ClToE-ko? M. Pecos County, Texas CAUSE NO. P-7047-83-CV NOV 1 5 2915 GAYLE ENDERSON I I Court FORT STOCKTON HOLDINGS, L.P., By: Deputy PLAINTIFF I v. MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT and GLENN HONAKER, JOHN D. DORRIS, M.R. GONZALEZ, MERRELL DA 60 ETT, VANESSA CA RDWE LL, RONALD COOPER, JANET GROTH, 1" THE DISTRICT COURT WELDON BLACKWELDER, ALVARO 33'd JUDICIAL DISTRICT MANDUJANO, JR., HOUSTON PECOS COUNTY, TEXAS MCKENZIE, and S. EVANS TURPIN, each in their of?cial capacity as DIRECTORS OF THE MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT, DEFENDANTS and PECOS COUNTY, CITY OF FORT STOCKTON, PECOS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1, and BREWSTER COUNTY GROUNDWATER CONSERVATION DISTRICT, INTERVENO R-DEFEN DANTS FINAL JUDGMENT 0N ADMINISTRATIVE APPEAL 0n the J1 day of November, 2015, came on for consideration before the Court Middle Pecos Groundwater Conservation District's (?District's?) application for attorneys? fees, costs for expert witnesses, and other costs incurred by the District before the Court in the above- referenced cause and that should be awarded to the District in the administrative appeal pursuant to Section 36.066 of the Texas Water Code. Also came on for consideration the issue of severing Plainti??s remaining claim and rendering ?nal judgment in this case based on this Court?s prior Order on intervention, plea to the jurisdiction, summary judgment, and Texas Water Code Section 36.066 costs and fees in the administrative appeal. The Court is of the opinion that rendition of this ?nal judgment is appropriate. IT IS THEREFORE ORDERED, ADJUDGED and DECREED as follows: i. The agreed Notice of Filing of Administrative Record of the Middle Pecos Groundwater Conservation District?s Contested Hearing on the Application of Fort Stockton Holdings, LR, and accompanying administrative record, are ADMITTED into evidence in this cause and in the severed Cause denti?ed in Paragraph 5 of this Judgment. 2. Fort Stockton Holdings, L.P.'s motions to strike intervention are GRANTED, and the portion of the plea to thejurisdiction ?led by the City of Fort Stockton, Pecos County, Pecos County Water Control and Improvement District No. and Brewster County Groundwater Conservation District pertaining to Fort Stockton Holdings, motions to strike intervention? is DENIED. 3. The District's motion for partial summary judgment is GRANTED, and therefore the District?s decision to deny Plaintiff?s groundwater permit application is AFFIRMED and Fort Stockton Holdings, administrative appeal is DENIED. 4. The District?s application for Section 36.066 costs and fees in the administrative appeal is GRANTED, and the District is awarded and shall have and recover judgment From and against Fort Stockton Holdings, L.P. for costs and fees in the amount of One Hundred Forty- Seven Thousand Two Hundred Eight and 71/100 dollars which amount Fort Stockton Holdings, L.P., is directed to remit to the District within 30 days of the date of this Final Judgment. 5. Fort Stockton Holdings, L.P.'s claim for a taking or damaging of its property, along with the District?s Original Answer and Section 36.066 request for costs and fees regarding same, is severed from this action and shall proceed in a new and separate cause of action identi?ed as Cause No.9 TOEHA The Clerk of this Court shall include a copy of this Judgment in the file of the severed Cause NofPZ'gf Within twenty days of the signing of this Judgment, counsel for the District and Fort Stockton Holdings, L.P. shall ?le with the Clerk of this Court an agreed list of the pleadings and other documents that should be copied from the Court?s ?le in this Cause No. P-7047-83-CV and included in the ?le in Cause No. - 6. On October 12, 2015, Lou Ann McKenzie, Individually and as successor to Gregg McKenzie; Tom Beard, Individually; and Ruth Ann Ryan, Individually and as successor to LB. Ryan (?Private Landowners") ?led a notice of nonsuit without prejudice, and it is hereby recognized and ORDERED that the Private Landowners are no longer parties to and are hereby dismissed from this cause. 7. All other relief requested by any party that is not granted in this judgment is hereby DENIED. This Judgment ?nally disposes of all parties and claims and is FINAL and APPEALABLE. See Plea to the Jurisdiction of lntervenor-Defendants City of Fort Stockton, Pecos County, Pecos County Water Control Improvement District No. l, and Brewster County Groundwater Conservation District (?led Aug. 31. 20] S) at 11] 12-15. 20F3 AND IT IS SO ORDERED. 6/5/14 JUDGE PRESIDING Signed: APPROVED AS TO FORM: ?ow Mama Edmond R. McCartth Jr. 0 State Bar No. 13367200 Jackson, Sjoberg, McCarthy Townsend, L.L.P. 'm w. Street Austin, Texas 78701 (512) 225?5606 phone (512) 225-5565 fax emccarthijacksonsioberg.com Attorneys for Fort Stockton Holdings. LP. 117% An S. ?Drew? 'Miller State Bar No. 00786857 Kemp Smith, RC. 816 Congress Avenue, Suite 1250 Austin, Texas 78701 (512) 320-5466 phone (512)320-5431 fax dmille?empsmitheom Attorneys for Pecos County, City of Fort Stockton, Pecos County Water Control and Improvement District No. 1, and Brewster County Groundwater Conservation District 3OF3 November! 2015 Mich A. GerS?hon State at No. 24002134 Lloyd Gosselink Rochelle Townsend, RC. 816 Congress Avenue, Suite 1900 Austin, Texas 78701 (512) 322-5800 phone (512) 472?0532 fax mgershon@lglaw? rm.com Attorneys for and Its Directors in Their Of?cial Capacity