Documenter: Josef Sibala

Here’s what you need to know:

  • Year to date, the District has under 177,000 acre-feet in supply, which will soon increase to 334,000 acre-feet once additional transfers from the Supplemental Program and some pending water user transfers come in. 

  • The federal infrastructure bill covers $8.3 billion for reclamation, $3.2 billion for aging infrastructure, $1.15 billion for water storage, $500 million for dam safety, $300 million for contingency and other programs.

  • The board unanimously approved option #1 in the Westside Subbasin Groundwater Sustainability Plan, which implements the Groundwater Allocation Program in the aggregate that looks at the sub basins as a whole. 

The Scene

Since 1952, according to its website, the Westlands Water District has provided water services to landowners and water users in Western Fresno and Kings Counties. Their services involve sustainable management and water supply delivery and ongoing education, advanced technology, and innovative methods for environmental conservation.

The board held a meeting on Tuesday, August. 17, 2021, at 1:00 pm through Zoom. 

Officials Present:

  • Westlands Water District Board of Directors:

Ryan Ferguson (President), Frank Coelho (Vice President), Daniel Errotabere (Member), Jim Anderson (Member), William Bourdeau (Member), Stan Nunn (Member), Todd Neves (Member), Ceil Walter Howe III (Member), and Kevin Assemi (Member). 

Committee Officials Present:

  • General Management

Thomas W. Birmingham (General Manager), Jose Gutierrez (Chief Operating Officer), Shelley Cartwright (Deputy General Manager-External Affairs), Jon D. Rubin (Assistant General Manager/General Counsel), Sheila Green (Science Advisor), Karen Clark (Executive Assistant).

  • Finance and Administration Division

Bobbie Ormonde (Deputy General Manager of Finance & Administration), Jim Carter (Information Technology Officer), Stephen Farmer (Supervisor of Customer Accounting), Heather Shepherd (Supervisor of General Accounting), Gilbert Cano (Supervisor of Procurement and Fleet Services), and Ter Vang (Supervisor of Human Resources & Administration). 

  • Resource Division

Russ Freeman (Deputy General Manager-Resources) and Katarina Campbell (Supervisor of Resources).

  • Operations and Maintenance Division

Bill Pierce (Director of Operations & Maintenance), Jon Smith (Supervisor of Mechanical Maintenance), Efrain Gutierrez (Supervisor of Electrical Maintenance), Chuck Serrano (Supervisor of Operations), Wayne Glover (Supervisor of Civil and Preventive Maintenance), and Kelley Vandergon (Supervisor of Field Engineering & Planning). 

Others Present:

  • William Bourbeau, Lindsey Pankhurst, Allison Elgorriaga, Alex Orosco, Cody Tolbert, Jeremy Hudges, Marvin, Chuck Herrin, Maureen Martin, AlexO, RFranson, Sophia Lee, Marguerite Patil (CCWD), Scott Rhodes, Alyse Briody, Mike Henry, Rhett Anderson, (559)-469-6808, Lisa, Mitch Coit, David Vang, RBuchanan, Tommi Saghatelian, Antonio Solorio, Amanda Monaco (LCJA), Mark Coelho, Erick Johnson, Jeff Fortune, Larry Enos, George, Mark, Stacie Ann Silva, Lisa, Sarah Woolf, Cody Tolbert, (209)-617-1381, (707)-508-8659, (559)-659-3359, (559)-269-7470, (858)-775-3352, (415)-254-6397, James Fitzpatrick, Justin Diener, Will Gleason, Brandon Herreman, (559)-884-0800, (559)-269-5447, and Justin Diener.

Discussions/Actions

The Board unanimously approved the following items:

#1 Resolution No. It 111-21, Adopting Water Rates, Charges, and Land-based Charges, to be effective March 1, 2021. 

Deputy General Manager of Finance & Administration Bobbie Ormonde reported that the charges would cover the following: water service costs, long-term water supply acquisitions, district water supply acquisitions, extraordinary repairs and replacements of distribution system pipe, representation of landowners in their dispute with the U.S. over drainage, and representation of landowners and operators of irrigated lands under the Westlands Water Quality Coalition and the Sustainable Management Act. 

The district will collect land-based charges from landowners based on each parcel of irrigable acres, exempt from Sustainable Groundwater Management Act (SGMA) charges, which are based on the gross acre of a parcel. 

The District will collect $23,014,494 of operation and maintenance costs through water rates and charges to cover water and service-related costs.

The District will collect $11,687,800 for the Bureau Capital Repayment Debt Service.

The District gave notice to landowners their intent to implement the charges. The district may adjust the rates.

The resolution includes penalties of 2% on the 1st occurrence, 5% on the 2nd, and 10% on the 3rd and subsequent occurrence. 

As of August 10, the district received one protest of 329 acres. General Manager Thomas W. Birmingham clarified that the district would impose on District #2.

#2 Corrections or Additions to the Agenda of Items, as Authorized by Government Code Section 54950 et seq.

#3 Minutes of the Regular Board Meeting of July 20, 2021.

In the General Manager’s Report, General Manager Thomas W. Birmingham, together with Deputy General Manager for Resources Russ Freeman, informed the board of the following: 

Year to date, the District has under 177,000 acre-feet in supply, which will soon increase to 334,000 acre-feet once additional transfers from the Supplemental Program and some pending water user transfers come in. 

They project that the district will use 180,000 acre-feet through the end of February. 

In July, the District used 33,546 acre-feet, slightly less than the projected 39,500 acre-feet, consisting of rescheduled contract supply, shared landowner transfers, and districts that begin to use their stored supplemental supply. 

In August, the staff projects up to 16,900 acre-feet to be delivered and focusing on delivering some transfer water to growers and some carrying over supplemental water through the middle of January.

On groundwater use in the district, the total for July is under 84,000 acre-feet, with about 27,000 acre-feet from the Groundwater Management Program. The staff is still projecting 570,000 acre-feet through the end of February.

Regarding the supplemental program, requests were 148,620 acre-feet on 359,434 acres. The district can purchase up to 235,000 acre-feet, which costs $1,250 an acre-foot. 

To date, the district pre-allocated about 21,000 acre-feet based on conveyance pumping of water from Dinuba and Contra Costa water districts. The staff projects the bulk to be moved in October, which is 90,000 acre-feet of the district’s participation in the Sacramento Valley Water Transfers.

The Finance and Administration Committee directed staff to pre-allocate 5,000 acre-feet this week and additional 5000 acre-feet. They will decide at the beginning of September. 

With improving conditions in Shasta, Dinuba, and Contra Costa, the US Bureau of Reclamation is “on schedule” in releasing transfer water. 

In Folsom, the American River Contractors pressured the US Bureau of Reclamation to maximize the carry-over transfers due to the lowest target of 245,000-acre carry-over water. 

In the Delta, the Bureau is struggling to meet water quality and outflow standards for June to July. With increased inflow and improved conditions, there will be relaxed standards.

In San Luis, -15,000 feet does not accurately reflect the water exchange from Central Valley Project to Federal Sheriff San Luis. Water levels have stabilized, and demands have dropped off in the South of Delta. 

On Federal & State Legislative Affairs, Deputy General Manager for External Affairs Shelley Cartwright said that the Senate passed the federal Infrastructure bill with a vote of 69-30. 

The federal infrastructure bill covers $8.3 billion for reclamation, of which $3.2 billion is for aging infrastructure, $1.15 billion for water storage, $500 million for dam safety, $300 million for contingency and other programs. 

The Senate passed a $3.5 billion budget resolution. The bill and the resolution will be both turned to the House. 

The state legislature is working on Senate Bill 559, which Appropriations Committee will hear. The district is following funding set aside for habitat restoration and implementation of voluntary agreements.

The district is requesting the reauthorization of the WIIN (Water Infrastructure Improvements for the Nation) Act, which provides for the conservation and development of water and related resources and other purposes. There is no movement on the bill.

On outside agency activities, Deputy General Manager for Resources Russ Freeman said that the San Luis & Delta-Mendota Water Authority approved the first amendment of the Los Pateros reservoir expansion activity agreement and related actions. 

 They are working with a cooperative agreement with the US Bureau of Reclamation for WINN Act funding to pursue the Delta-Mendota Canal (DMC) subsidence mitigation project and the feasibility report for the United States Office of Management and Budget (OMB) on the B.F. Sisk Dam Raise Project

#4. Proposed Article 2 Amendments Incorporating Criteria for Program that Provides Continued Benefits to Non-Irrigable Lands, mainly temporary fallowed lands. 

The amendments are exempt from California Environmental Quality Act. 

The changes will allow the following:

  • Retention of water supply benefits in the district

  • Improve water supply reliability

  • Provide landowners the opportunity to diversify revenue sources temporarily

  • Incentivize landowners to find temporary and long-term agricultural compatible non-irrigable uses of land.

  • To cause no adverse effects to district revenue.

#5. The San Luis & Delta-Mendota Water Authority First Amended and Restated Los Vaqueros Reservoir Expansion Project Activity Agreement and related actions. Director Bourdeau voted against. 

Director Neves said that the Water Policy Committee consider the item at its July meeting. 

Contra Costa Water District has studied Phase 2 of the Los Vaqueros Reservoir Expansion Project to increase the storage from 160,000 acre-feet to 275,000 acre-feet.

It includes constructing a pipeline that transfers the pump station confer water from the Delta to the aqueducts.

The project will help the district transfer water out of the Delta and provide operational responsibility for conveying CVP water and storing rescheduled water.

The amendments will fund the design, permits, and joint powers authority (JPA) development agreement.

In 2022, the district share of the cost of the JPA is $213,000, which will be functional in the next fiscal year. 

#6. Form of State Water Project Analysis Office Agreement for the 2021 Groundwater Pumping and Conveyance Project.

#7. Draft Rules and Regulations that Support the Implementation of the Westside Subbasin Groundwater Sustainability Plan.

The board approved option #1 in the Westside Subbasin Groundwater Sustainability Plan, which implements the Groundwater Allocation Program in the aggregate that looks at the subbasins as a whole. 

Supervisor of Resources Katarina Campbell said that under option #1:

  • The subbasins have the potential to pump up to 708,000 acre-feet.

  • Provides flexibility to growers in the subbasin and additional time for groundwater users to prepare for the implementation.

However, she described the option as follows:

  • Limits the district’s ability to manage subsidence-prone areas in the subbasin.

  • Prevents landowners without wells from benefitting from the allocation program.

  • Could potentially reduce water levels.

  • Require the district to fully implement the 0.6 acre-feet per gross acre allocation program in 2023. 

#8. Rules and Regulations of Article 13. Conflict of Interest Code for the Westlands Water District. 

#9. Revised 2021-22 Water Rates & Charges and Use of District Reserves

The board approved Scenario #3, which takes 20% of the special purpose fund and 20% of the rate stabilization fund along with the drought reserves of $6.1 million in this year’s budget to reduce water rates. 

#10. 2021-2022 Budget Transfer for Fresno Office Audio System, which costs $15,000. 

#11. 2021-2022 Budget Transfer for Membership in California Foundation on the Environment and the Economy (CFEE), with a cost of $10,500. 

#12. Accounts Payable Reports

The Board met in closed session under the Government Code sections noted to discuss the following:         

1. Conference With Legal Counsel – Anticipated Litigation
Significant exposure to litigation under paragraph (2) or (3) of subdivision (d) of Government Code Section 54956.9 – 1 potential cases

2. Conference With Legal Counsel – Anticipated Litigation                                            Initiation of litigation under paragraph (4) of subdivision (d) of Government Code Section 54956.9 – 2 potential cases

3. Conference With Legal Counsel – Existing Litigation
Existing Litigation under paragraph (1) of Subdivision (d) of Section 54956.9

  • Firebaugh Canal Water District et al. v. United States of America et al., United States District Court, Eastern District of California, Case Nos. 1:88-cv-634-DAD/SKO, 1:91-cv-048-NONE/SKO

  • Westlands Water District v. United States, United States Court of Appeal for the Federal Circuit, Case No. 13-5069

  • California Water Impact Network, et al. v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758); Central Delta Water Agency et al. v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758); North Coast Rivers Alliance et al. v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758) (“Delta Plan Litigation”)

  • North Coast Rivers Alliance et al. v. U.S. Department of the Interior et al., United States District Court, Eastern District of California, Case No. 1:16-cv-00307-DAD-SKO (“Challenge to Interim Renewal Contracts & Repayment Contracts”)

  • Hoopa Valley Tribe v. United States Bureau of Reclamation et al., United States District Court, Eastern District of California, Case No. 1:20-cv-01814-DAD-EPG (“Challenge to Repayment Contracts”)

  • Center For Biological Diversity et al. v. the United States Bureau of Reclamation et al., United States District Court, Eastern District of California, Case No. 1:20-cv-00706-DAD-EPG (“Challenge to Repayment Contracts”)

  • Natural Resources Defense Council et al. v. Haaland et al., United States District Court, Eastern District of California, Case No. 1:05-cv-01207-DAD-EPG, on appeal in the United States Court of Appeals for the Ninth Circuit, Case No. 21-15163 (“2005 DMC Contract Renewals Litigation”)

  • The City of Fresno, et al. v. the United States, United States Court of Federal Claims, Case No. 1:16-cv-01276-EDK (“Friant Takings Suit”)

  • North Coast Rivers Alliance v. Delta Stewardship Council, Sacramento County Superior Court, Case No. 34-2018-80002898; Central Delta Water Agency v. Delta Stewardship Council, Sacramento County Superior Court, Case No. 34-2018-80002900; Friends of the River v. Delta Stewardship Council, Sacramento County Superior Court, Case No. 34-2018-80002901; California Water Impact Network v. Delta Stewardship Council, Sacramento County Superior Court, Case No. 34-2018-80002904 (“Delta Plan Amendment Litigation”)

  • State Water Board Cases, Sacramento County Superior Court Case No. JCCP 5013 (“WQCP Phase 1 Litigation”)

  • North Coast Rivers Alliance et al. v. Department of Water Resources, Sacramento County Superior Court Case No. 34-2019-80003057 (“COA Addendum-WaterFix No Harm Litigation”)

  • Westlands Water District v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Providing Project Water Service, San Luis Unit and Delta Division and Facilities Repayment, Fresno County Superior Court, Case No. 19CECG03887 (“Main Contract Validation Action”). Related Appeals:
    Westlands Water District v. County of San Joaquin et al., Fifth Appellate District, Case No. F081181; Westlands Water District v. California Water Impact Network et al., Fifth Appellate District, Case No. F0801182; Westlands Water District v. North Coast Rivers Alliance et al., Fifth Appellate District, Case No. F081174

  • Pacific Coast Federation of Fishermen’s Association et al. v. Raimondo, et al., United States District Court, Eastern District of California, Case No. 1:20-CV-00431-DAD-EPG (“2019 ROC on LTO NGO Litigation”)

  • California Natural Resources Agency et al. v. Raimondo, et al., United States District Court, Eastern District of California, Case No. 1:20-cv-00426-DAD-EPG (“2020 ROC on LTO AG Litigation”)

  • Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket Nos. ER20-2878-000 et al. (“PG&E Wholesale Distribution Tariff Proceedings”)

  • In re Application No. A029657 of the County of San Joaquin for a Permit to Appropriate Water from the South Fork American River at the Freeport Regional Water Authority Facility on the Sacramento River, State Water Resources Control Board (“San Joaquin County Water Right Application”)

  • Center for Biological Diversity v. United States Fish and Wildlife Service et al., United States District Court, District of Columbia, Case No. 1:21-cv-00884-EGS (“Longfin Listing Case”)

  • San Francisco Baykeeper v. United States Fish and Wildlife Service et al., United States District Court, Northern District of California, Case No. 3:21-cv-02566-JCS (“2nd Longfin Listing Case”)

  • In re Application No. A030531B of the City of Stockton for a Permit to Appropriate Water from the San Joaquin River Originating from Wastewater Discharges by the City (“City of Stockton Water Right Application”)

The meeting approximately ended at 3:15 p.m. The next meeting will be on September 21, 2021. 

If you believe anything in these notes is inaccurate, please email us at Documenters-admin@thefresnoland.com with “Correction Request” in the subject line.

Support our nonprofit journalism.

$
$
$

Your contribution is appreciated.