Levelland Economic Development Corporation board of directors met in a specially call meeting on November 12.
Economic Development Director, Shawn Kirkpatrick presented to the board what has lead up to today. He stated that the LEDC had purchased 3 different pieces of land in 4 different transactions. Part of those transactions includes 2 transactions in purchasing land from the Post Montgomery. The other one was the Farmers Co-Op Compress where atleast one of the tracts of land currently used by Ki Energy out of Midland, TX.
Over the past weeks LEDC and Levelland City Council has heard from numerous citizens living along East Cactus Dr. concerning Ki Energy pumping water from a well on Lot 11 and another well on Lot 13–they are concerned that the pumping will decrease the amount of water available to homeowners in the area. Following a recent meeting of EDC the board gave orders to their attorney to issue a cease and desist letter to Ki Energy and to use all legal measures necessary to get full compliance. Following that letter Ki Energy did discontinue usage of the well on Lot 11, however they continued on Lot 13 and they sent a copy of an official agreement giving them the right to use the surface land for any reason necessary for their operation. They say this agreement gives them water rights….Attorney Richard Husen said that the agreement is binding. In response to the question, How did this get by when we were looking at buying the property. he states that it was properly filed in Lubbock County but was not filed in Hockley County AND was NEVER recorded as part of the Deed Records at the courthouse thus was never knowledge of the LEDC when they purchased the land. The Surface and Water Use agreement gives Ki Energy the exclusive right to use the surface of the land for any purpose necessary and will only pay for any damages. The agreement in the opinion of the attorney is not a clear Black and White agreement and will likely to be up for more discussion.
After a brief executive session–the board approved a motion made by Elgin Connor for the EDC Director and the attorney to continue negotiation with Ki Energy to work out a new agreement which would supercede this agreement and would strongly limit the pumping of water. The board made it clear this is NOT acceptable to them and they want the water pumping stopped immediately.
According to Husen Ki Energy is interested in continued negotiation and they realize that unlimited water pumping is not acceptable. It was noted that according to the limits imposed on all well owners by HPWD #1 in Lubbock, Ki Energy has only used less than 2% of their annual allowed amount.
We will continue to follow this story as it continues to develop and will bring more updates as they become available.