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RECYCLED WATER PROJECT FOR WATER STABILITY, PART 4

Recycled Water Project for Water Stability: Takes Shape, Part 4

By Brian German, Associate Editor and Broadcaster

As part of our ongoing coverage on the North Valley Regional Recycled Water Program (NVRRWP), we spoke with Anthea Hansen, general Manager of the Del Puerto Water District. Over the next few months the project will start to take shape following the U.S. Bureau of Reclamation signing the Record of Decision last month, the high level of cooperation taking place among all the different entities, and positive public response.

Del Puerto Water District dpwdHansen commented, “I can’t speak enough about our good experience thus far. The cities, partners and consultants on the project have come together to really advance this concept—which was all it was seven or eight years ago —into something that will become a reality.

When demands are low in the Del Puerto water district, specifically in the winter months, water deliveries can flow to storage facilities or the San Luis Reservoir for later usage when demand is high. While many areas have already been using recycled water for agricultural needs, the progress by the North Valley program has inspired some communities to improve their own water policies.

Recycled water has long been used in agriculture in other areas of the state, most notably the Salinas Valley and in the south, maybe a little bit up in the north in the winegrape country. The Del Puerto Water District currently relies on water delivered through the Central Valley Project, which had zero deliveries for the previous two years, and are only providing 5% this year. This new program has the potential to produce more than 30,000 acre-feet of water per year as soon as 2018.

NVRRWP map recycled water

NVRRWP map (Source: www.nvr-recycledwater.org/description.asp)

Among an estimated 100 recycled water projects in various stages of development throughout the state, Hansen stated, “For the Central Valley, I think this is definitely a big first. We received about 14 public comments on the joint environmental document. Of those 14, three or four were letters of support, and we received some broad support from the environmental community. 

A project of this magnitude to deliver needed water stability could also be accomplished in other dedicated communities, according to Hansen. “We believe this project to be a model for other municipal and agricultural agencies in ways to regionally solve issues together, and hopefully, it will be a model for the nation.”

Anthea_Hansen

Anthea Hansen, general Manager of the Del Puerto Water District

“Hopefully,” said Hansen, “people are looking at this as a good example of ways to think outside the box and use available technology to solve problems locally and regionally, which is what we have been forced to do here on the Westside.

“With all the complexities of California’s plumbing,” explained Hansen, “it would be impossible for a small district like Del Puerto to really affect any of the big picture changes, but we certainly do have the ability to affect how we act locally and regionally. I also think the Central Valley has not historically been a magnet for a lot of assistance, programs or changes that work to our benefit, so we have to devise these for ourselves or we’ll be out be of business. I’m very thankful that the two cities—Modesto and Turlock—on the east side of the river in our county, were willing to work with us, and I think we have a good partnership going forward.”

AAEES logo Leadership and Excellence in Environmental Engineering and Science

 

The North Valley Regional Recycled Water Program (Phase 3) won the 2015 Excellence in Environmental Engineering and Science™ Competition – Honor Award – Planning from the American Academy of Environmental Engineers & Scientists.

2021-05-12T11:05:52-07:00July 19th, 2016|

Solving Central Valley Water Salinity

Mizuno on Water Salinity Solutions

By Laurie Greene, Editor

 

According to a Central Valley Salinity Alternatives for Long Term Sustainability (CV-SALTS) report, rising salt levels in the soil and groundwater threaten the potable water supply and agricultural productivity for the entire region. Walter Mizuno, longtime lecturer in mechanical engineering at Fresno State and director, Valley Industry Partnership for Cooperative Education (VIP) Program, researches increasing salinity conditions in Central Valley soil and groundwater, as well as methods of desalination.

Mizuno explained, “As the salt level rises, and if the soil salts aren’t leached out periodically, the ground becomes unsuitable for cultivating several crops. Growers either shift to high salt-tolerant crops or essentially idle that land.”CV Salts

Central Valley salinity conditions are serious, according to Mizuno. “Growers have already taken a lot of land out of production on the Westside,” he said, “and they’ll continue to do that until the salt mitigation measures have been implemented. Essentially, we need to get back to where we can currently sustain the amount of farming we have with the type of water that we have.”

“We are looking at desalination of agricultural drainage water,” Mizuno stated. “We’re trying to reclaim water that’s suitable for even human consumption; but right now, we’re looking at reclaiming water that is suitable for Ag use through a desalination process called vapor compression distillation, which takes drainage water from the Ag fields, distills it to make it pure and recovers some of the salts on the backside.”

Mizuno explained salt recovery would enhance the economic viability of this project by eliminating the cost of trucking or disposing the resulting brine and by possibly converting it into a revenue stream. “We’re trying concentrate that brine to a point, using solar evaporation, where we can find other uses for the highly concentrated form or maybe even sell it to a chemical processing company. We are also focusing on minimizing the energy cost to distill the water, to make the process more efficient.”

“We’re trying to combine multiple technologies, using ion exchange as our front end process,” Mizuno explained, “to get rid of some of the hardness in the water. We get rid of calcium and magnesium in the water, which helps the distillation process and protects the equipment for a longer period of time before requiring cleaning or eventual replacement. We’re using the brine stream of the distillation process to actually regenerate, upfront, the ion exchange units—similar to a home water softener.”

Pipe without waterMizuno explained, “When you look at the reasons why desal isn’t used more often—just the cost of energy makes the cost of the water expensive. So, we do a lot of energy recovery. Just take the basic process of distillation in which you heat up the water solution, boil it off, and condense the residue. A lot of that water you use, or a lot of the energy used to boil off the water, is lost; so we recover the heat from that steam to save energy. In other words, we don’t discard that energy; we try to reuse it.”

“We have been conducting studies on some Westside ranches,” he continued, “with our pilot plant that processes only one thousand gallons per hour. A series of ditches on those ranches collect the drainage water to be purified. Now, we have moved everything back to the Fresno State Center for Irrigation Technology (CIT),” said Mizuno, “because we’re building a brand new redesigned unit, which should be operating by the end of this year.

“The second phase of the project,” Mizuno commented, “is to move the unit out to Panoche, and conduct field testing out there. We will evaluate the energy efficacy and also the economics of the unit and process, and we will field-test to determine how rugged and dependable it is out in the actual service area.”

“This is actually a research project,” Mizuno clarified. “We’re still fairly far away from commercializing it. Basically, we will evaluate the scalability of these units so that depending on the size of the farm and everything else, you can either put multiple units out there or design a single-unit system very similar to ours. You could size the system to meet whatever the demands are, but you need a reservoir or holding area, and you’d like to be able to operate 24/7.”

“We are considering using solar to power this,” Mizuno mentioned. “The issue with solar is, obviously, it tends to work during the daylight hours but doesn’t do much during the evening hours. We’re looking at using batteries, electricity, natural gas or some other energy source to keep the process running when the sun goes down, but it’s a matter of economics.”

Mizuno said the research team is optimistiCIT Logoc about the process itself, but he does not anticipate it will be a cure-all. “It is a research project,” Mizuno reiterated, “and we’re trying to see if we can drop the energy cost, and lower the water cost. I think the economics will change though. Water will cost more for everybody in the next few years. As that changes, I think some of these technologies are going to become feasible from an economic standpoint.”

The entire state shoud be aware of these water issues, according to Mizuno. “I think there are still a lot of issues that the common person isn’t aware of and how they fit in, and Ag is no exception. I would like people to understand that we are working to stretch the available amount of water supplies we have and we are working on technologies that are yet unproven. But some of these technologies will require a few more years—to many years to solve. Others are not economically feasible today, but they may be in the future as water supplies get tighter.”

Mizuno has observed that farmers are already doing a lot to conserve water, particularly employing the use of new technologies such as drones to evaluate water stress and nutrient stress in plants. “Right now,” he offered, “we are looking at another piece of the puzzle; we’re trying to stretch the amount of water supply we have, utilize it in multiple-use scenarios, and use it more intelligently to make some waste streams into revenue streams.”

Mizuno urges the general population to just be aware. “Conservation is the first step for a lot of people,” he said. “That’s the easiest way to stretch water supplies, and so I think people need to understand that water is a finite resource in the state of California. The water situation is not likely to get better anytime soon, even if we have normal rainfall and so forth. We are in an overdraft situation with our water supply.”

CV-SALTS participants collaborate to develop a workable, comprehensive plan to address salinity, including nitrates, throughout the region in a comprehensive, consistent, and sustainable manner.

Center for Irrigation Technology (CIT) celebrates 35 years!

 

2021-05-12T11:05:52-07:00July 18th, 2016|

Field Bindweed Control Requires Multiple Programs

Consistent Management Needed to Eradicate Bindweed

By Laurie Greene, Editor

Kassim Al-Khatib, professor, UC Davis Department of Plant Sciences and UCANR Cooperative Extension specialist in weed science, discussed field bindweed, a problematic weed that has the ability to regrow even with chemical and mechanical control.

“This is weed has been around for a long time,” Al-Khatib said. “It adapted pretty well to hot, dry land areas because it has a long root with a lot of reserve in it. Whatever you try to do, the plant still has reserve in the root and can regrow again.”

The weed scientist explained that bindweed is so problematic, it has to be assessed and managed every season in a variety of ways in order to control it. “If you do a mechanical control, the plant can come back. If you do chemical control, the plant will come back. If you think that you can control it with one shot or in one season, you’re going to be disappointed. This is a serious weed problem that requires a program with multiple approaches over multiple years,” he said.

Field bindweed (Photo by Jack Kelly Clark, UC Statewide IPM Program)

Field bindweed (Photo by Jack Kelly Clark, UC
Statewide IPM Program)

The weed is also difficult to eradicate, according to Al-Khatib, “because there’s a huge seed bank, plus these seeds have a hard coat, which means they can stay in the soil longer. If you try to germinate some of them this year, you’re going to have more seeds coming next year.”

Al-Khatib emphasized a multiple approach is still the best way to reach consistent, effective results. “The key point with field bindweed is to be consistent, have a program and envision what you can do over multiple years to get rid of it. Herbicide may suppress and weaken bindweed, but it is not going to control it or eradicate it. You need multiple approaches—chemical, mechanical, some biological.”

He offered that mites, if they can get established, have been found to feed on field bindweed, another example of using a multi-pronged eradication approach. Mildew can also weaken it. “The point I want to make,” Al-Khatib repeated, “is it takes a multiple approach, multiple tools, and multiple years before you get rid of it.”

Resources:

Field Bindweed, How to Manage Pests: Pests in Gardens and Landscapes, UC IPM

 

2021-05-12T11:05:52-07:00July 14th, 2016|

BREAKING NEWS: ACP QUARANTINES IN MERCED AND MONTEREY COUNTIES

ASIAN CITRUS PSYLLID (ACP) QUARANTINES IN MERCED AND MONTEREY COUNTIES

Quarantines are now in place in both Merced and Monterey Counties due to recent Asian citrus psyllid (ACP) detections.  One ACP was detected near the City of Merced in Merced County and two ACP in one trap within the City of Salinas in Monterey County.

The quarantine zone in Merced County measures 123 square miles, bordered on the north by Kenney Avenue; on the south by W Dickenson Ferry Road; on the west by Shaffer Road; and on the east by

SaveOurCitrus

SAVE OUR CITRUS app is a free USDA iPhone to report and identify the four leading citrus diseases: citrus greening, citrus canker, citrus black spot and sweet orange scab. Report your symptoms, upload a photo and citrus experts will respond. ACP

E Yosemite Avenue. Monterey County’s quarantine measures 111 square miles and is bordered on the north by Pesante Road; on the south by the Salinas River; on the west by Castroville Road; and on the east by Gabilan Creek. The quarantine maps for both Merced and Monterey Counties are available online at: www.cdfa.ca.gov/go/acp-maps. Please check this link for future quarantine expansions in these counties, should they occur. Quarantines in new counties will be announced separately.

The quarantine prohibits the movement of citrus and curry leaf tree nursery stock, including all plant parts except fruit, out of the quarantine area and requires that all citrus fruit be cleaned of leaves and stems prior to moving out of the quarantine area.  An exception may be made for nursery stock and budwood grown in USDA-approved structures which are designed to keep ACP and other insects out.  Residents with backyard citrus trees in the quarantine area are asked not to transport or send citrus fruit or leaves, potted citrus trees, or curry leaves from the quarantine area.

ACP county-wide quarantines are now in place in Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, Tulare and Ventura Counties, with portions of Alameda, Fresno, Kern, Kings, Madera, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Clara, and Stanislaus counties also under quarantine.

The ACP is an invasive species of grave concern because it can carry the disease huanglongbing (HLB), also known as citrus greening.  All citrus and closely related species, such as curry leaf trees, are susceptible hosts for both the insect and disease.  There is no cure for HLB and once a tree becomes infected, the diseased tree will decline in health and produce bitter, misshaped fruit until it dies.  In California, HLB has only been detected on residential properties in Los Angeles County.  This plant disease does not affect human health.
Residents in the area who think they may have seen ACP or symptoms of HLB on their trees are urged to call CDFA’s Pest Hotline at 1-800-491-1899 or your local agricultural commissioner’s office (Merced County (209) 385-7431; Monterey County (831) 759-7325).  For more information on the ACP and HLB, please visit: www.cdfa.ca.gov/go/acp.

2021-05-12T11:05:52-07:00July 14th, 2016|

Breaking News: Contracted Contractual Water Deliveries Could Plummet

Breaking News: 

Promised Water Deliveries Could Plummet

Delta Smelt Among Many Reasons for Pumping Constraints

By Emily McKay Johnson, Associate Editor

Farmers in the federal water districts of Fresno and Kings Counties were granted only five percent of their contracted water this year; yet they are at risk of getting even less due to pumping constraints. Jason Peltier, executive director of the San Luis & Delta-Mendota Water Authority, a Los Banos-based federal water district explained, “The original forecast had full pumping in June, July, August, and September.

“Because of the temperature constraints and because of the water quality standards,” Peltier stated, “we’ve been operating only one or two pumps. There’s just not enough water flowing south to meet the U.S. Bureau of Reclamation’s (Reclamation) obligations to the exchange contractors, the [wildlife] refuges and the urban agencies, along with the 5% allocation to the ag services contractors,” he noted.

SLDMWAPeltier is concerned for those in the Central Valley, and water agencies are working frantically to find answers. “We’re working on it,” Peltier affirmed. “We’ve got a lot of engineers and operators preparing spreadsheets and analyzing both the variables and what changes could be made to avoid lower water levels at San Luis Reservoir.”

Commenting on this year’s deliveries, Peltier stated, “No doubt we’re in an unprecedented operating environment. Here we are, eight months into the water year, and we just got a temperature plan for Lake Shasta—that is driving the whole operation—the project. Limiting releases like they are in the temperature plan [designed keep the water cold to protect winter-run salmon eggs]—at least we thought—would allow Reclamation to hold the commitments they made. But we’re on razor’s edge right now,” Peltier explained.

Peltier described how the process is holding up water release, “The National Marine Fisheries Service wants to keep as much water in storage as possible, in order to keep the cold water cool as long as they can. This is all to protect the winter-run salmon eggs that are in the gravel right now, protect them until the weather turns cool and things naturally cool down. Then they can release water. Shasta’s been effectively trumped by another million-acre feed because of this temperature plan.”

Peltier further noted that the Lake Shasta temperature plan has not allowed water to flow into the Sacramento River. It has severely impacted growers in Northern California on a year when the northern part of the state received above average rain and snowfall during the winter.

“People diverting off the river in the Sacramento Valley have had their own water level issues. There hasn’t been enough water coming down the river to get elevation enough adequate for their pumps. There’s been a lot of ground water pumping,” he said.

The nearly extinct Delta Smelt has been a longstanding issue for those affected by California’s drought. After the past five years of sacrifice, even more water is being taken from agriculture and cities to help save the fish from extinction.

“We’ve got the California Department of Fish and Wildlife wanting significant increases in delta outflow over the summer, supposedly for the benefit of delta smelt, another operational complexity that is sadly not based on any science that we could see. The agencies have their beliefs, and they have the power,” said Peltier.

Featured photo: Jason Peltier, executive director of the San Luis & Delta-Mendota Water Authority.

California Ag Today will update readers on Bureau of Reclamation announcements about the 5% contracted water delivery federal water district growers were expecting.

2021-05-12T11:05:53-07:00July 12th, 2016|

Weed Control in Rice Fields

Controlling Herbicide-Resistant Weeds in California Rice Fields

By Emily McKay Johnson, Associate Editor

Whitney Brim-DeForest, UC ANR Cooperative Extension rice farm advisor for Sutter, Yuba, Placer and Sacramento Counties in California, currently works in all rice production areas across the state to identify problematic weeds in rice fields.

Given her background in weed science, Brim-DeForest explained California rice growers flood their fields for weed suppression, as well as use herbicides for weed control and management. “I’d say that we do have quite a few herbicides right now. As we continue to get new herbicide resistant weeds every year,” said Brim-DeForest, “we are starting to run out of options, especially for some growers who encounter herbicide resistance.”

Brim-DeForest believes herbicide resistance was first discovered in the early 1990’s, but “has become significantly problematic for growers within the last 20 years. Because of the herbicides we use and the limited number that we have, we have ended up with an increasing number of weeds that are herbicide resistant every year. Since about 2000,  we’ve had a new species or herbicide that encounters resistance every year,” she stated.

Brim-DeForest treats a multitude of weed species in her line of work. “I would say the watergrass species is our biggest problem,” she noted. “We also have a weedy red rice that was discovered in the early 2000s. It is not widespread, but we do have a few fields with it,” she explained.

Featured Photo: Whitney Brim-DeForest, UC ANR Cooperative Extension rice farm advisor.

2021-05-12T11:03:00-07:00July 11th, 2016|

Jasieniuk on Weed Evolution

Tracking Herbicide Resistance in Weed Evolution  

By Emily McKay Johnson, Associate Editor

 

Marie Jasieniuk, professor and weed scientist at UC Davis College of Agricultural and Environmental Sciences, discussed her groundbreaking research, “I work on the population genetics and evolution of agricultural weeds and invasive plants,” she said. “We use molecular tools to look at the origins and spread of weeds. We also use molecular tools and genetic studies to understand the evolution of herbicide resistance in weeds,” Jasieniuk added, “to be able to propose management approaches that reduce the likelihood of further evolution and spread of resistant weeds.”

UC Davis Annual Weed Day 2016

UC Davis Annual Weed Day 2016

Jasieniuk and her team identify the origins of invasive plants, and determine how they were introduced. “We study how they were introduced, how they have spread and whether they have been introduced multiple times. Again, if we understand how they’re spreading, we can do something to try to stop the spread,” she said.

Italian rye grass, a weed Jasieniuk is currently studying, is problematic because it is resistant to Roundup, a popularly used weed and grass killer by growers. “UC ANR Cooperative Extension specialist, now emeritus, Tom Lanini, and I sampled over 100 locations of Italian rye grass and tested them for resistance to Roundup ten years ago,” she said about the project, funded by USDA. “Last year, we re-sampled all of those sites, and we’re re-testing to see if there’s been an increase or a decrease or no change in resistance to glyphosate, to Roundup,” she said.

Roundup isn’t the only weed and grass killer available on the market. “We’re looking at resistance to three other herbicides,” she said. Working with growers to determine the most efficacious weed treatments that also reduce the likelihood of wood resistance to herbicides,” Jasieniuk explained, “We interview growers about their herbicide use, non-chemical approaches, and integrated management techniques to identify management practices that correlate highly with low or no resistance,” she explained.

Resistance management is found to be more effective with a rotation of various herbicides. “What you want to do is rotate different types of herbicides with different modes of action,” Jasieniuk said. “Perhaps do tank mixes and incorporate non-chemical approaches as well,” she added.

Eliminating weeds can be as simple as disking and digging them out with a shovel when there are only a few. “I think, in many cases, this would have done a lot to prevent new weeds from coming in and certainly resistant weeds from spreading,” she noted.

2021-05-12T11:05:53-07:00July 11th, 2016|

BREAKING NEWS: California Water Authorities Sue U.S. Bureau of Reclamation

The following is a joint statement by Jason Peltier, executive director of the San Luis & Delta-Mendota Water Authority and Tom Birmingham, general manager of the Westlands Water District on today’s filing of a lawsuit to compel the U.S. Department of the Interior, Bureau of Reclamation to reassess its Endangered Species Act (ESA)-related actions.

U.S. Bureau of Reclamation Fails to Consider the Environmental Impacts of Biological Opinions Which Have Been Devastating Communities

FRESNO, CA-TODAY the San Luis & Delta-Mendota Water Authority (SLDMWA) and Westlands Water District (WWD) filed a lawsuit in federal court to compel the U.S. Bureau of Reclamation (“Reclamation”) to examine the effectiveness of the existing measures intended to protect endangered species, the environmental impacts of those measures, and whether there are alternatives to those measures that would better protect both endangered fish species and California’s vital water supplies.

San Luis & Delta-Mendota Water Authority The existing measures, adopted in 2008 and 2009, are based on biological opinions issued under the Endangered Species Act.  The measures are responsible for the largest redistribution of Central Valley Project and State Water Project (water supplies away from urban and agricultural uses and have jeopardized the water supply for waterfowl and wildlife refuges.  Since 2008 and 2009, the farms, families, cities and wildlife that depend upon Central Valley Project and State Water Project water supplies have suffered substantial environmental and socio-economic harm from the reduced water deliveries caused by the existing measures, with little apparent benefit for fish.

Reclamation adopted the existing measures without any review under the National Environmental Policy Act (NEPA).  Federal courts, including the United States Court of Appeals for the Ninth Circuit, held this action violated NEPA, and Reclamation was ordered to perform environmental review.  The Ninth Circuit Court of Appeals wrote:

It is beyond dispute that Reclamation’s implementation of the Biological Opinions (BiOp) has important effects on human interaction with the natural environment.  We know that millions of people and vast areas of some of America’s most productive farmland will be impacted by Reclamation’s actions.  Those impacts were not the focus of the BiOp….  We recognize that the preparation of an Environmental Impact Assessment (EIS) will not alter Reclamation’s obligations under the ESA.  But the EIS may well inform Reclamation of the overall costs – including the human costs – of furthering the ESA.

The court-ordered review provided Reclamation a rare opportunity to reexamine the necessity for and the benefits of the existing measures, as well as the resulting impacts on the environment and water supplies, potential alternative measures, and new information and studies developed since 2008 and 2009.  It provided Reclamation an opportunity to make a new and better-informed choice.

Unfortunately, Reclamation neglected to take advantage of that opportunity. In November 2015 Reclamation completed an EIS that did not examine whether the measures are necessary or effective for protecting endangered fish populations.  Instead of analyzing the existing measures, Reclamation accepted them as the status quo.U.S. Bureau of Reclamation

The EIS did not identify any mitigation for the water supply lost to these measures, despite current modeling that estimated how the existing measures would reduce the annual water delivery capabilities of the Central Valley Project and State Water Project. Loss was estimated to be over 1 million acre-feet on a long-term average and in spite of years of harm caused by implementing the measures.

Nor did the EIS try to identify alternatives that could lessen these impacts.  Reclamation attempted to minimize the impacts of lost surface water supply by unreasonably assuming the lost supply would be made up from increased pumping of already stressed groundwater supplies.  In its Record of Decision issued January 11, 2016 Reclamation announced that it would continue on with the existing measures, and provide no mitigation.

It is inexplicable that Reclamation would pass up the opportunity to reassess the existing measures and make a much more careful and robust analysis than what is found in the EIS.  NEPA requires no less.

The lawsuit filed today seeks to compel Reclamation to do the right thing and perform the analysis it should have.  If successful, the lawsuit may ultimately result in measures that actually help fish, and identify mitigation activities or alternatives that lessen or avoid water supply impacts that millions of Californians in the Central Valley Project and the State Water Project depend on.

Many of those affected reside in disadvantaged communities and are already struggling to pay for a water supply made scarce by layers of other, yet equally ill-advised bureaucratic regulations.  California’s water supply is too precious for Reclamation not to make the best informed decision it can.

2021-05-12T11:00:52-07:00July 8th, 2016|

Final Feasibility Study Begins for Temperance Flat Dam

Temperance Flat Dam Would Provide Groundwater Relief, Jobs

By Patrick Cavanaugh, Farm News Director

Mario Santoyo, executive director, San Joaquin Valley Water Infrastructure Authority (Joint Powers of Authority), described the major and historic event held last week at the Friant Dam regarding the Temperance Flat Dam and California’s future water supply.

“At the event,” Santoyo said, “a Memorandum of Understanding (MOU) between the U.S. Department of the Interior, Bureau of Reclamation and the Joint Powers Authority, basically defines what the scope of work is going to be. In essence, it is full cooperation between their technical people and our Joint Powers Authority.  Our people are working on tailoring the application to the state to optimize how much money we get from them. Keep in mind, we’re talking big dollars here; we’re not talking a million or a hundred million.”

Joint Powers of Authority

At Friant Dam, a Memorandum of Understanding was signed between the Department of the Interior, Bureau of Reclamation and Joint Powers Authority for the Temperance Flat Dam.

Santoyo hopes to receive $1B in funding for the Temperance Flat Dam, although “it is going to cost somewhere around $2.8B. The maximum you could ask from the state is $1.4B. We don’t expect to be getting that because there is a lot of competition and there’s not enough dollars to go around. We’re hoping to shoot for somewhere around $1 billion,” he stated.

“In parallel with our efforts with the state,” Santoyo explained, “we’re working on the federal side with our senators and our congress members to obtain what they call a federal construction authorization—which allows the federal government to move ahead with this project. Then we work on appropriations,” he said.

Santoyo said the funding necessary to complete and complement dollars from the state will be procured in the same fashion as have projects in the past. “The Bureau of Reclamation typically funds the construction of a project and then recovers the cost through long-term water supply contracts or adjustments to existing water supply contracts,” he stated. “In this case, it would be adjustments to existing water supply contracts.”

Santoyo also noted preliminary feasibility studies are underway. Those already completed triggered the final feasibility report, “which is going through a final upper management review before being released to the public. I think we are all pretty confident it will come out in a very positive manner. I would expect that in the next sixty days,” he said.

The expected completion of the project varies. Santoyo estimated physical completion within five years,” but it has to go through design and environmental paperwork, plus legal challenges could cause setbacks as well. By the time you’re good to go, you’ll end up having this project built in probably under 15 years,” he said.

DAM CREATES NEEDED JOBS FOR VALLEY RESIDENTS

Nevertheless, Santoyo said the benefits of the Temperance Flat Dam project is to creates an economic boom and an increase in available jobs. “You’re going to be spending about $3B here for materials, labor, and everything that goes into it. It will be an economic boom; and once it’s built, we get more water reliability, creating a better situation for the farmers, and that creates employment. I wouldn’t look at waiting 15 years, it starts as soon as we start building,” he said.

“The best year for Temperance Flat is when we have high runoff periods, and we have those frequently,” Santoyo elaborated. “What I’ve determined is that there’s a 50% shot every time we have one that we will be dumping more than a million acre-feet into the ocean. That’s equivalent to a full-year of water supply for the east side of the valley. That’s a lot of water.”

DAM PROVIDES GROUNDWATER RELIEF

“The fact is, without this project, we will not be able to meet the ground water sustainability laws that exist because this water will be necessary to move underground to all these regions,” he said. “Right now, as it stands, San Joaquin River Settlement has taken away the Class II water that used by the Friant contractors to replenish the groundwater. Unless we have a means of replacing it, and that would be through Temperance Flat, we’re going to encounter very serious problems,” Santoyo noted.

“Take the typical example of a year in which we can save a million acre-feet in storage. We are not going to keep it there,” he said. “We are going to move it via the canal systems to the various groundwater recharging basins,” which capture and replenish underground water. “It’s not a matter of whether groundwater storage is better [or worse] than above-ground storage; they work in conjunction with each other to maximize storage.”

DAM SERVES A PURPOSE IN TIMES OF CRISIS

“There are a lot of conversations about the San Andreas Fault rumbling. If we had an earthquake, we could have a seismic event in the Delta,” Santoyo said. “What differentiates this project from all the other projects is that we could take Temperance Flat water and go north via the San Joaquin River to the Delta, or south via the Friant-Kern canal, across the valley canal to the California aqueduct then subsequently down to southern California,” he said.

“In a scenario of Delta failure, in which water was no longer moving to the millions of people in Southern California, that would be a crisis,” he stated, “they would be looking for help in any way, shape, and form. Temperance Flat could do that. That’s one of the public benefits being looked at by the California Water Commission, in a category called emergency services. That was written in there specifically because of Temperance’s capability.”

2016-07-08T12:22:21-07:00July 8th, 2016|

Duarte Nursery Loses Battle Against Army Corps Of Engineers

Ruling in Favor of Army Corps is Game Changer for Agriculture

By Patrick Cavanaugh, Farm News Director and Laurie Greene, Editor

 

Startling California family farmer, John Duarte, president of Duarte Nursery, Inc., his attorneys, and others who have also kept a close watch on the case, Duarte was dealt a serious blow recently in the biggest fight of his life—the right to farm his own property. This legal outcome may portend a game changer for American agriculture as a whole.

 

Background

Duarte Nursery and the U.S. Army Corps of Engineers (Army Corps) have been engaged in a long legal dispute over private property rights since the family purchased a 450-acre agricultural property in Tehama County in 2012 and planted wheat that fall.

As reported in, “Duarte Farmland Under Siege,” (California Ag Today, March 11, 2016), John Duarte recalled, “The property is in some slightly rolling grasslands, and has some minor wetlands on it, vernal pools, vernal swales. Like most grasslands, wheat areas and wheat plantings, we had a local contractor go out and plow the field for us, 4-7 inches deep, and we flew on some wheat seed for a winter wheat crop in 2012.”

The U.S. Army Corp of Engineers accused the farm of “deep ripping” the property (three feet deep), “which we were not,” Duarte said. Legal action ensued with the Army Corps issuing a cease and desist notice in early 2013, according to Duarte, without evidence or basis for their accusation. Duarte Nursery attorneys, under the Freedom of Information Act, requested evidence of deep ripping, the assumption that apparently warranted a cease and desist notice.

Without responding, according to Duarte, the Army Corps sustained the cease-and-desist notice without a hearing and without evidence. “They obstructed our farming operations indefinitely,” Duarte said in March 2016.

 

Current Scenario

Duarte’s attorneys are now scrambling to prepare and file appeals to Eastern District Federal Court Judge Kimberly Muller’s June 10 ruling that by plowing his land to grow wheat, Duarte could pollute vernal pools on his land, violating the Clean Water Act.

Pacific Legal FoundationOn behalf of Duarte Nursery, Pacific Legal Foundation attorneys have moved for reconsideration or certification for immediate appeal on several Clean Water Act issues. “We expect a decision from the court any day on this motion, which will determine whether Duarte Nursery can immediately address the trial court’s legal errors in the appellate court, or will have to go through a trial first on whether the government is entitled to a penalty.” (Source: “Duarte Nursery seeks immediate appeals in Clean Water Act case,” Tony Francois, Pacific Legal Foundation, June 30, 2016)

 

Reaction to the Ruling

California Farm Bureau Federation and Pacific Legal Foundation attorneys had great confidence that Duarte would be vindicated in the action brought by the Army Corps several years ago. “They are just astounded,” Duarte said. “I thought we might have to go to trial on some of our issues, but I did not think we would lose our issues and have the judge rule against us on the other side,” he said.

Duarte clarified, “We are talking about farming activity that only occurred on rolling land—land with dismal vernal pools and flails.” Duarte noted there is no controversy as to whether this tillage was four to six inches deep. “Both sides agreed this is four to six inch deep tillage. Both sides agree that this property had farmed wheat before,” he said.

 

Legal Implications

“The Army Corps’ position is they don’t know how long is too long, but at some point if you haven’t farmed wheat, you lose your ability to continue farming wheat,” Duarte continued. “As it is a rangeland, you cannot plow your ground without a permit from the Army Corps, which they’re not going to grant because there are wetlands,” he said.

John Duarte, president of Duarte Nursery.

John Duarte, president of Duarte Nursery.

“All of the Food Security Act protections for farming—our ability to idle ground and then bring it back into production—to ensure available food production resources—are gone,” Duarte said. “This is a very extreme ruling. It’s extreme of the law in a lot of different ways. It’s a game changer for agriculture. We’re meeting with Paul Wenger, the president of the California Farm Bureau and seeing what they want to do. I think it’s on a lot of folks’ radar,” said Duarte.

“According to the Clean Water Rule definition of “Waters of the United States” (WOTUS), everything is a wetland and farmers are not exempt,” Duarte stated. “Any tillage that the Army Corps, by their own standards, does not deem to be an ongoing agricultural operation, farmers have liability. Their settlement discussions were in the $5 million to $6 million range, and we’re talking about shallow tillage through vernal pools that covered maybe fourteen or sixteen acres over this property. We can show that those vernal pools are completely intact,” noted Duarte.

Duarte noted that consultants have been at the land to inspect the vernal pool wetlands that concern the Army Corps of Engineers, and have confirmed that all the biology has been restored. “It’s all wetland plants across the vernal pools. They’re not topographically damaged,” said Duarte. “We didn’t re-contour them, we didn’t till them, we didn’t grade them, we didn’t deep rip them such that the restrictive layers of soil no longer perched water—none of that,” he emphasized.

 

A Game Changer for Ag

“Every property owner should be concerned,” Duarte warned. “Basically, what they’re saying is if wheat is profitable for a window of time because of whatever market or geopolitical reasons, you can farm wheat. If you stop farming wheat for a decade because it’s not profitable, or because you have a lease with a cattleman who’s paying you decent money, or you just don’t have the capital to plant wheat, or you just don’t want to plant wheat, then you will lose the right to farm it in the future. You cannot adjust your farming enterprises to the markets or to your business plans or you will lose your right to farm.”

Duarte believes that the ultimate goal of the Army Corps of Engineers is to be able to tell you what you can and can’t do with your land on any given day. “They want simple control over how you use your property and discretion over what property is put into permanent habitat and what property remains rangeland. They do not believe that private landowners have any inherent right to farm their property to meet market demands.”

As for the ruling, Duarte said he plans to appeal it. “This ruling is in many ways right in the face of several completions that have come down in court last week,” he said. “A lot of this ruling hinges on the opinion in Rapanos v. United States, where senior Associate Justice of the Supreme Court of the United States Anthony Kennedy said wetlands either have to be navigable waters of the United States or tributaries or related.

As summarized in, “The Practical Application of the Significant Nexus Test: The Final Waters of the US Rule,” (by Lowell M. Rothschild, National Law Review, June 8, 2015):

The significant nexus test requires a determination of whether the water in question – alone or in aggregation with other similarly situated waters in the region – significantly affects the chemical, physical or biological integrity of a traditionally navigable or interstate water or the territorial sea (with “significant” meaning “more than speculative or insubstantial.”). The “region” is the watershed that drains to the nearest traditionally navigable or interstate water or the territorial sea, and waters are “similarly situated” when they function alike and are sufficiently close to function together in affecting downstream waters.
supreme court building

“That was one judge, who had none of the other eight judges agreeing with him,” said Duarte. Nevertheless, Duarte said Justice Kennedy was not correct. “We had four judges that said navigable is navigable. If the Clean Water Act says it exempts, it defines what jurisdictional waters are navigable waters in the United States, and then it defines what jurisdictional waters are. If you look in the Clean Water Act, it says that plowing shall never result in a discharge into waters of the United States,”  said Duarte.

“The language in the exclusion of the Clean Water Act is very clear. What this case tells us is that no regulatory legislation can be created with language that is durable to give private parties any protection with the government,” Duarte explained. “There’s no language clear enough that over time will be undermined by agency rule making and judges that give American public any protection against the government.”

“I don’t know how we will solve problems legislatively in the future,” he remarked. “I don’t know that any responsible Congress can pass a law that restricts activity, no matter what the protections,” Duarte said, clearly frustrated. “The Clean Water Act’s protections are incredibly clear. It is not badly worded. The protections are in there. The protections are careful; they’re clearly articulated; they’re very strong, and they’re completely obliterated,” he said.

Duarte is disappointed and has a long way to go in the appeals process. “All I can say is: Warning to all farmers across the land—this is what can happen. We’re just not strong enough, nor is it right for us to carry this entire thing; my family has already spent $1.5 million defending this case, and it’s likely to go to $2 million. We are going to be looking for help.”

___________________

2016-07-23T17:16:17-07:00July 7th, 2016|

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