California Women for Agriculture Anew

California Women for Agriculture Rebrands After Forty Years

By Charmayne Hefley, Associate Editor

Founded in 1975 in Coachella Valley to promote and develop the interest of women in a strong agriculture industry in California, California Women for Agriculture (CWA) marks its 41st year with a rebranding. Jeanette Lombardo, president of CWA, said, “The theme for this year is Innovate, Activate and Motivate. We are really taking a look at everything we do, and trying to change it for the better,” she said.

Lombardo said there are currently 20 chapters with 2000-plus members across the state. Guided by five principle objectives, CWA aims to speak on behalf of agriculture in an intelligent, informative, direct and truthful manner; to keep members informed about pertinent legislative activities; to collaborate in support of agricultural issues and challenges; to improve the public image of farmers; and to develop a rapport with consumers, educators, and governmental & business leaders in communities throughout the State.

The wonderful thing about our organization is the age range,” Lombardo said, “from very young to very old. And the older ladies are wiser ladies, as I like to say; they provide mentoring capabilities to the younger folks who are coming in. And the younger folks are seeking leadership, personal growth, and network and industry knowledge,” Lombardo said.

Likewise, Lombardo said, young CWA members have been reverse-mentoring mentors on matters such as social media, “It is a wonderful thing and my goal is to have chapters in every county,” she noted.

California Ag Today2016-05-31T19:24:06-07:00April 22nd, 2016|

Winegrape Quality In SJV

Nat DiBuduo: Valley Winegrape Growers Must Produce Quality

By Laurie Greene, Editor

Nat DiBuduo, president of Fresno-based Allied Grape Growers believes there are good opportunities for Central San Joaquin Valley winegrape growers. “I think the San Joaquin Valley [winegrape growing industry] will survive because growers are working at producing winegrapes at a higher quality and at a higher price,” said DiBuduo.

“Overall, I think the industry is doing well,” stated DiBuduo, “and we just have to work with our San Joaquin Valley growers to produce a better quality grape. It’s like a chicken and an egg; they’ve got to be able to get paid for that better quality. And of course, growers need a solid contract with a good price to make it worthwhile,” he noted.

DiBuduo noted that the Bureau of Reclamation’s initial announcement at the beginning of this month that federal water users will receive merely a five percent water allocation, fortunately, does not affect many of his grower-members. “Most Allied growers are not Westside growers; but they will be severely affected by the groundwater regulations soon to be in place.”

DiBuduo explained the Sustainable Groundwater Management Act is predicted to create major issues for production agriculture. “Oh yes, we’ve got guys who have sold their property because they didn’t have enough groundwater,” he said.

California Ag Today2016-05-31T19:24:06-07:00April 21st, 2016|

Costa: Westside Water Cut Unconscionable

Jim Costa: Water Allocation is Immoral

By Patrick Cavanaugh, Deputy Editor

Jim Costa, Congressman for the 16^th Congressional District of California that covers all of Merced County and parts of Fresno and Madera Counties and includes vast areas of agricultural land, is not happy with the water situation in California. Costa stated, “To be sure, we are still in a water crisis even though we have had some good [wet] months.”

“Sadly those good months have seen too much of that water going out to sea—as opposed to getting into the San Luis Reservoir and providing water for our Valley—whether for the East side or the Westside. It is a fight that I have been engaged in for years, but most recently, I have been trying to ensure that we are pumping at the maximum levels even under the flawed biological opinions that we are having to contend with.”

Costa explained that while the pumps have been turned up over the past month, sometimes to the maximum level, “the San Luis Reservoir is only 51% full, and now we are are still looking at a 5 percent water allocation for Federal water users. This has been avoidable, and it is unconscionable and immoral. Let me repeat that, it has been avoidable, and it is immoral and unconscionable that we, in fact, are in this predicament. It is largely because we have failed to take advantage of the El Niño months of December and January.”

Assessing our winter water losses,Costa remarked, “Since January 1st, we estimate that we have lost over 440,000 acre-feet of water. This freshwater—440,000 acre-feet—would make a big difference to our Valley, which has been water-starved from a combination of 4 years of drought, plus the flawed biological operations of the Federal and State Water Projects. So, we have to fix this broken water system, bottom line.”

California Ag Today2016-05-31T19:24:06-07:00April 15th, 2016|

Bayer’s Inspiration: Agvocate for Ag

Ag Agvocacy: One Small Pebble Can Cause a Ripple Effect of Change

By Patrick Cavanaugh, Deputy Editor

At the March 2016 AgVocacy Forum in New Orleans, Rob Schrick, strategic business management lead – horticulture at Bayer CropScience, noted we should never give up trying to AgVocate on behalf of the agricultural industry. “It goes back to the pebble and the ripple, which is what Braedon Mannering, founder of Brae’s Brown Bags talked about; you know, little things can matter,” Schrick said.

Braeden Quinn Mannering is an amazing 12-year-old from Bear, Delaware, who founded the nonprofit, 3B Brae’s Brown Bags (3B), to provide healthy food and other items to homeless and low-income people in his community. Mannering’s ongoing mission is not only to feed people today, but also to raise awareness about the problems of food insecurity and poverty and to empower and inspire youth across the nation to become part of the solution.

AgVocacy and Credibility

“The event was the fourth year running of what was the Ag Issues Forum,” Schrick said. “It is a forum that we put on just in front of Commodity Classic because Ag media is there, market influencers are there. So how can we get them together to talk about the issues relating to agriculture? That was a great theme four years ago, but now as the millennial generation is coming onboard [amidst] so much misinformation about production agriculture, we have re-coined this the AgVocacy Forum. What that comes down to is how do we tell our story about agriculture?”

“One of the most interesting things we saw at the meeting,” Schrick noted, “was that we are influenced by people all around us, doctors, lawyers, and our pastors. However in agriculture, the number one influencer is the grower. That really resonated with me and it is true; he is the most credible source, he is the one who produces that food, and he has to make that land he is working on sustainable. He has to make that production come, year after year, after year, and in most cases, he wants to turn that over to the next generation of farmers.

Schrick expanded on the grower, “I think because they are at the point-source, their livelihood depends on it, and they have to get more out of that land and make it more fertile each following year, who is better stewarding that land? And because of that, who is the most credible source?” he asked. “You know, I would love for [the credible source] to be a company—like Bayer; we are very proud of ourselves. Or you could talk to a consumer, [but the story] is going to have a bent to it. But when a grower is talking about production agriculture, that is pretty credible,” he said.

Food Chain Partnership

“At Bayer, our customer is the grower,” Schrick commented, “and we have to meet the needs of that grower. Well that grower is producing a crop and he has a customer, which is the food chain. These retailers, these food processing companies that are buying his product, are putting requirements on that grower. We have a food chain position on our team and a Food Chain Partnership coalition within our company, whose number one job is to understand what these food processors will require the grower. We understand that; we can help the grower meet those challenges; that is what our food chain partnership is all about.

Anticipating Future Agricultural Needs

Bayer CropScience’s West Sacramento facility (Source: Bayer CropScience)

“We have just recently expanded the greenhouse facilities at our integrated West Sacramento Biologics and Vegetables Seeds site. Bayer is an innovation company; our job is to look into the future and ask, ‘What will be the needs of growers ten years from now?’ Part of that is going to be a reduction in residues, and one of the ways to meet that need is through biologics. That is where we are making our investment. In 2012, we purchased AgraQuest, one of several biologics investments we made, not necessarily for the portfolio they had—which was a wonderful portfolio—but for that scientific know-how and the discovery engine that we have created for biologics.”

“We have got to come up with the next generation of crop protection products that can meet lower residue requirements. And as Bayer is Science for a Better Life, we are going to inject science into this and come up with a new portfolio of crop protection products that will meet the needs of the new generation.”

It all goes back to the pebble and the ripple effect.

California Ag Today2021-05-12T11:03:02-07:00April 13th, 2016|

Bill Chandler on Farming

Bill Chandler Builds a Legacy

By Patrick Cavanaugh, Deputy Editor

A third-generation farmer in Fresno County, Bill Chandler farms near Parlier, Selma, and Fowler. The family operation has traditionally produced tree fruit such as peaches, plums and nectarines, but they are certainly expanding their crop diversity. “We have gone more into almonds lately because of unavailable labor,” Chandler commented. “We are looking into citrus, which is not as perishable as soft fruit—which, if you don’t harvest it right away, you’ve lost the whole year’s effort.”

Like so many farm families in California, the Chandlers go back a couple of generations farming here. “My grandfather came out here in 1888 from Illinois,” Chandler expounded, “and looked at this area. It was appealing because the land prices were not that bad compared to Illinois. But the big deal was the weather; we don’t have all that snow in the winter time. We also have relatively level ground and not a lot of rocks in our soil. We, too, have hardpan under the soil, but that can be worked out.”

“My father got out of school in 1921 and started farming in this area,” said Chandler. “I was the only son and I always wanted to farm. I have a sister who was able to inherit some, and I bought my sister out, so that’s what our farm is now.”

Bill Chandler and his wife, Carol, have two sons, Tom and John, who are both back on the farm. “They both majored in ag, which was kind of neat; one in ag econ and the other in food science, and we are very proud that they are both back farming with us now. Tom, the older one, majored in ag econ at UC Davis and was in banking for about 12 years. Now he has come back and has been helping us on that side of the farming, which is very very important. He also did some land appraisal on the side. His brother, John, who majored in in fruit science at Cal Poly, is more into field work, and he does some beekeeping on the side as well.”

Chandler said a lot of success and wonderful things about farming have always been accompanied by a lot of challenges as well. “Yeah, there is always something,” he said. “I don’t care if it’s labor, weather or regulations. We are really fortunate; we stand at a place here, Kearney Field Station*, where the UC has done a great job helping us solve some of these regulations or pests.”

Chandler’s sons, Tom and John, are going to pick up where their dad leaves off, but that may be awhile, “You know,” Chandler philosophized, “a farmer never does retire. Fortunately, I am able to live on the farm. They are doing most of the farmwork, but they do ask me questions.”

This year’s above-average rainfall, along with the snowfall, has been great, but Chandler said, “There is still going to be a lot of work to dig ourselves out of this four-year drought. I have experience and so do many other people. Not only are our trees suffering from lack of proper irrigation, but we are spending a lot of money putting in new wells or new irrigation systems so that we can handle this drought.”

Chandler doesn’t take nearby UC and USDA researchers for granted. He always attends meetings and takes notes. “We can go to these folks and have these seminars that are really helpful.”

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*Kearney Agricultural Research and Extension (KARE) Center

California Ag Today2016-05-31T19:24:07-07:00April 12th, 2016|

Agriculture Science Recognition Awards, Part 4

Elizabeth Mosqueda, Agriculture Science Recognition Award Honoree

By Charmayne Hefley, Associate Editor

Elizabeth Guerrero Mosqueda, a graduate student in the Department of Plant Science at Fresno State, was one of four students to receive the Agriculture Science Award in mid-March presented by Jim Patterson, California assemblymember, along with, Sandra Witte, dean of the Jordan College of Agricultural Sciences and Technology and Lawrence Salinas, Fresno States’s executive director of government relations.

Jim Patterson, California Assemblymember

Jim Patterson, California State Assemblymember

Patterson said Mosqueda, the child of migrant farmworkers from Mexico,“set her sights on overcoming many obstacles from an early age. Elizabeth’s parents worked on the lettuce fields in the Salinas Valley, which led to her understanding the vital role farmworkers have in harvesting crops and the impact of frequent labor shortages on farming. All of that experience led her to study ways to improve lettuce production.”

Patterson said the labor shortage has required the use of automated lettuce thinners to raise lettuce, one of the state’s biggest crops. “But some farmers are hesitant to use new technology,”said Patterson, “so Elizabeth decided to roll up her sleeves two and a half years ago” and conducted her graduate studies on the comparison of using lettuce thinning machines to lettuce work done by hand. “She completed her study and has since traveled nationwide to share her findings with other scientists and agronomists.”

Patterson added Mosqueda was recently selected as one of fifty students nationwide to attend American Society of Agronomy’s Graduate Student Leadership Conference.

“Elizabeth believes that life is a challenge that shapes us into the people that we are meant to be,” Patterson said. “And each and every struggle and accomplishment that life has presented her has made her, and is making her, into the dedicated, hardworking and successful woman she is today.”

While at Fresno State, Patterson said Mosqueda helped to reestablish the Plant Science Club, serving as both the club’s secretary and president. “Elizabeth is also a member and has volunteered for the Central Valley California Women for Agriculture,” Patterson said, “and many other local, statewide and national farming organizations.”

Mosqueda was encouraged to apply for the award by professors in her department. “I’m very proud to be a part of the Department of Plant Science,” Mosqueda said. “I’m very thankful to all my professors, my advisor and all the other mentors who have helped me achieve this prestigious award.”

One month away from completing her program, Mosqueda hopes to obtain a position with the University of California Cooperative Extension (UCCE), Monterey County as a farm advisor either in vegetable crop production or weed science upon graduation. Mosqueda said she would like to “help growers firsthand with the problems that are going on in our agriculture industry today.”

California Ag Today2021-05-12T11:05:57-07:00April 11th, 2016|

Ryan Jacobsen on 5 Percent Water Allocation

Fresno County Farm Bureau CEO on Water Allocation

By Patrick Cavanaugh, Deputy Editor

California Ag Today staff interviewed Ryan Jacobsen, CEO and executive director of the Fresno County Farm Bureau moments after the Bureau of Reclamation announced only 5 percent of contracted water would be allocated to Federal surface water users south of the Sacramento Delta during this El Niño year.

California Ag Today: Forget how you feel about the Bureau of Reclamation’s initial 5 percent allocation for Federal water users. How many times can we say, “Frustrated?”

Jacobsen: Absolutely just despicable—the announcement we heard earlier today. The frustration is that we’ve continually been told over the last couple of years with zero percent water allocations that it’s been Mother Nature.

Even though it’s not necessarily the big bang year we were hoping for in northern California, Mother Nature provided. We’ve seen the reservoirs overflowing. We’ve seen the reservoirs flood-releasing, and here we are with a five percent allocation. We saw outflows in the delta this winter that exceeded the 300,000 acre/feet a day, and yet we weren’t doing anything to capture it. So, it’s just frustration, frustration, frustration that here we are—more of the same—and what does this mean long-term for California agriculture? We can’t be viable without a surface water supply, and when Mother Nature provides, unfortunately the federal government’s not trying to collect it.

California Ag Today: What is going on? Why are they doing this? Do you have any theories?

Jacobsen: Obviously, it has so much to do with the environmental side and the belief that the federal government is doing all they can to protect these species up there. We have seen that it’s doing no good; the fish species are seeing no recovery; it’s actually going in the opposite direction. It is plain mismanagement. The unfortunate part is sound science isn’t even going into this right now; it is purely the emotional side of whoever decides to pull the trigger on the federal side. And here we are on the resulting end, losing millions and millions of dollars in our economy, idling more farmland—the most productive farmland in the country—in the world—and losing the jobs that are associated with it.

San Luis Reservoir -Empty, California Farm Water Coalition

San Luis Reservoir Suffering the 2015 Drought is now barely half filled even after the El Nino rain, runoff and massive flood releases from Shasta an Oroville

California Ag Today: You speak brilliantly on this whole situation. Way more water has flowed out to the ocean than needed for the protection of any of the species or the environment, so who are they listening to?

Jacobsen: Right now, this is simply the administration’s decision. Reclamation falls under the federal side of things, so obviously, ultimately, it lays on the President’s desk. If we talk about resolution: by 9 a.m. tomorrow morning, we could see a resolution to this whole issue. If Congress would get their act together and pass some kind of bill, get it on the President’s desk and get it signed, we could see some resolution.

Unfortunately, here we are, April 1: a good portion of the precipitation season is now behind us, the high flows through the delta are pretty much over. We still have healthy reservoirs up North, but unfortunately it doesn’t mean anything for us down here because we can’t convey it through the Delta to get here. That lack of and the lack of ability on the federal side to make the decisions that would allow us to pump that water makes this just another year of doom and gloom. Again, how much more of this can we take? I think the long-term outlook for those farmers with permanent crops who have tried to scrape by, has to be, “Is this even viable for us to continue to do this anymore?” ‘Because Mother Nature provided, and yet we don’t see the water.

California Ag Today: Very bleak. Ninety-five percent of normal snowfall, too.

Jacobsen: The percentages in northern California, while good, weren’t the El Niño banner year we were expecting. The season looked bright, like it was going to be good. Yet, the fact of the matter is that during the months of January, February and March, when these just incredible numbers of high water flows were going through the Delta, pumps were pumping in single digits. And that’s not even close, or anywhere near where they should have been.

I think the misconception is when we talk about the water that is taken from the Delta, it’s such a small percentage, particularly during those high-flow times; it would have meant no difference to water species. It’s just a frustration that we continue to be bombarded by these environmental restrictions that are having no good effect on the long-term viability of these species they are trying to protect.

California Ag Today: What is the economic impact of these water cutbacks on the Central Valley?

Jacobsen: Well, when you look at the five percent allocation, we are ground zero. Fresno County, right in the heartland of the Central Valley, is ground zero. We are going to see probably in excess of 200,000-250,000 acres of land continue to be fallowed and the loss of the tens of thousands of jobs associated with that, and millions, tens of millions of dollars. It’s obviously a very dire situation when it comes to long-term viability here in the Valley.

California Ag Today: Because they are going to hear a lot of outrage from us, do you think the Bureau of Reclamation would go to a 20 percent water allocation? Farmers must be thinking, “We got to get the seeds ordered today for the crops.” Is there any hope for an increase in water, or do you think farmers just can’t bank on it?

Jacobsen: It’s already too late. For this season, it’s already too late. It is April 1 already, and, unfortunately, this is not a joke. This decision is about one month-and-a-half late. I think the Bureau of Reclamation was hoping the numbers would improve magically. They didn’t.

The five percent allocation, while said not to be our final allocation, is likely to be close. It won’t go up to 20; it won’t go up to 15. Maybe if we pray enough, it may go up to ten, but that would be on the high side. Right now, it looks very realistic that five percent is where we end up, where we are going to stand for the year.

California Ag Today: Okay, I know growers who have planted tomatoes in Fresno County, thinking, “Hey, we gotta get water.” They’re not getting it.

Jacobsen: They’re not getting it, no. And lack of surface water supply continues to make a huge dent in our groundwater supply, so this just can’t continue the way it is going. Plus, upcoming implementation of the Sustainable Groundwater Management Act (SGMA), combined with the lack of federal surface supplies, will absolutely hammer farms here in the Valley.

California Ag Today2016-05-31T19:24:07-07:00April 8th, 2016|

Westlands Water Allocation “Despicable”

By Patrick Cavanaugh, Deputy Editor

Earlier TODAY, the United States Bureau of Reclamation (USBR) stunned the farming industry by announcing a 5% water allocation for most of the farmland to the Westlands Water District on the Westside in the Central San Joaquin Valley. This single digit water allocation to the comes during an El Niño year of wet weather, following four years of drought and restricted water deliveries to Westlands of 40% in 2012, 20% (2013), 0% (2014) and 0% again (2015).

Les Wright, agriculture commissioner for the Fresno County Department of Agriculture—ground zero for agricultural water cutbacks, said, “I can’t think of a word to describe how I am feeling about our federal water managers. It’s despicable what they’re doing to this Valley.”

“You have two major reservoirs in flood stage,” said Wright, “but they are refusing to turn the pumps on. It’s like they want to starve out the Valley, its farmers and communities. Agriculture is the major economic driver for the Valley communities, and they’re doing everything they can to drive the people out of this Valley.”

Established in 1902, the USBR, according to its website, is best known for the building of more than 600 dams and reservoirs, plus power plants and canals, constructed in 17 western states. These water projects led to homesteading and promoted the economic development of the West.

The USBR website reads, “Today, we are the largest wholesaler of water in the country. We bring water to more than 31 million people, and provide one out of five Western farmers (140,000) with irrigation water for 10 million acres of farmland that produce 60% of the nation’s vegetables and 25% of its fruits and nuts.”

Yet, some Western farmers have received a 0% water allocation for each of the past two years, and now may receive only 5% this year. Already, Westlands Water District reports over 200,000 acres of prime farmland in the district have already been fallowed.

Ryan Jacobsen, Fresno County Farm Bureau CEO

“Reservoirs throughout the state have been filling,” said Fresno County Farm Bureau CEO, Ryan Jacobsen, in a statement TODAY. “However, the government’s restrictive interpretation has resulted in the permanent loss of 789,000 acre-feet of water,” said Jacobsen. “Since December 2015, more than 200 billion gallons of water have been forever lost to the ocean, with almost no water being allocated to agriculture.”

Commissioner Wright reflected, “President Obama and both California senators have been here in the Valley, on the ground. They have seen what we are doing. They recognize the crisis; yet they refuse to use their authorities to correct the situation—in a year when we’re dumping millions of gallons of water to the ocean.”

Wright explained the federal government is sending fresh water to the ocean in excess of what is needed for the environment and the protected species. “They are just wasting the water,” he said, “and yet, we have the Governor telling us to cut back 25% to 35%. And all of that water we saved last summer and in the last year, they have more than doubled the waste.”

“Where is the governor on this issue?” Wright asked. “It is despicable what the government is doing to its people.”

California Ag Today2016-05-31T19:24:08-07:00April 1st, 2016|

Mario Santoyo: Recent Temperance Flat Dam Memo is Misleading

By Patrick Cavanaugh, Deputy Editor

A recent memo to the City of Hanford, issued by the Townsend Public Affairs office in Washington D.C., stating the Temperance Flat Dam proposal may not be eligible to receive Proposition 1 funds, was deemed “misleading” according to Mario Santoyo, executive director of the 11-member board of the Joint Powers of Authority that oversees the proposed Temperance Flat Dam.

The U.S. Department of the Interior Bureau of Land Management’s 2014 decision to recommend designation of an 8 mile segment of the San Joaquin River (accompanied by a restricted-use river corridor extending 0.25 miles from the edge of the identified river segment) that falls in the footprint of Temperance Flat as a “National Wild and Scenic River,” has been a concern for awhile, noted Santoyo. “This memo is very misleading,” he said. “It has nothing to do with state bond funding”—California’s Proposition 1 (Prop 1), the legislatively-referred Water Bond (Assembly Bill 1471), passed by state voters on the November 4, 2014 ballot.

Temperance Flat Dam and Reservoir (Source: USBR, “Managing Water in the West: Alternative Water Management and Delivery,” 2014)

“But if the [recommended] designation stays in place,” Santoyo continued, “it would prevent us from building Temperance Flat with any funding. Whether with state funding, federal funding or Prop. 1 funding, it does not get built—period,” Santoyo said.

“To be eligible for Prop 1 funding, you have to have a feasibility report,” said Santoyo. “In other words, the federal government has to determine if the project is feasible under Prop. 1 money.” However, doing the feasibility report is part of doing the environmental paperwork. And, if at the end something changes on the conditions that were originally evaluated, then the project could be determined unfeasible.”

“But none of this has happened,” emphasized Santoyo, as the recommendation of this San Joaquin River segment to be designated National Wild and Scenic River has not yet been legislatively authorized. “We are perfectly aware of that hurdle. The designation is one of many things that we have to deal with.”

Santoyo said there would be a discussion this week with the regional director of the Bureau of Reclamation to talk about the Scenic River designation, the National Environmental Policy Act (NEPA), and the California Environmental Quality Act (CEQA), as well as technical partnership. “There are a series of things that need to happen to keep advancing the ball,” Santoyo said.

And even though the proposed Sites Reservoir is not subject to the Scenic River designation, it has not passed the feasibility study. “So it even has its challenges,” said Santoyo.

“All the projects have big challenges, but the question is: Do you keep moving forward regardless of how hard the issues are or do you just fold the first time you hit a bump? We are not folding; we are moving forward,” Santoyo said. “Either we shoot hard for currently available options or we shut down and do nothing. Why go through 10 years’ worth of effort to give us this opportunity and not take a shot?” he asked.

Editor’s Note: Several calls to James Peterson, director of the Townsend Public Affairs federal office were not returned.

California Ag Today2016-05-31T19:24:08-07:00March 31st, 2016|

Duarte Farmland Under Siege

Duarte Farmland Under Seige By Army Corps of Engineers

By Brian German, Associate Editor

The Duarte family has been in a lengthy court battle with the federal government regarding the right to farm their own property.

John Duarte, a fourth generation California farmer and president of the family-owned nursery in Hughson, commented on how this dispute began, “My family owns a piece of property up in Tehama County that we purchased in 2012 and planted wheat that fall. 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 called us and told us we were deep-ripping the property. I think they were under the misunderstanding that we were getting ready to plant orchards or vineyards there. They looked at it and assumed we were deep-ripping, three feet deep, which we were not,” Duarte said.

“They sent us a cease and desist notice in early 2013, then refused to tell us what their evidence was or how they had drawn their conclusion that we were deep-ripping. We sent two letters from an attorney, under the Freedom of Information Act, requesting evidence we had deep-ripped, the assumption that apparently warranting a cease and desist notice.”

“They refused to answer the first letter. They kicked the matter up to enforcement and then sustained the cease-and-desist notice without ever giving us a hearing and without ever giving us specific cause for their action. They obstructed our farming operations indefinitely,” Duarte noted.

As their request for the evidence against them continued to be ignored, Duarte said, “We went to the Pacific Legal Foundation, where they filed a due process suit against the Army Corps of Engineers on behalf of a farmer’s right to farm their ground. The Army Corps of Engineers now claims that our 4-7 inch tillage through ground that has been tilled 18-24 inches in the past destroyed wetlands.”

“They are making extremely spurious claims that the small plowing furrows through some of the minor vernal pools are now mini mountain ranges and the valleys of those furrows are still wetlands. But the top of the furrow, maybe five inches higher than the bottom of the valley, is now a converted upland and therefore we have destroyed wetlands across the property and are subject to a destruction of wetlands lawsuit filed by the Army Corps of Engineers against Duarte Nursery.”

Nevertheless, Duarte doesn’t think this was strictly in the interest of habitat preservation, “We believe this lawsuit is completely vindictive and retaliatory because we are challenging the Army Corps of Engineers’ ability to simply drive by farms and send cease and desist notices to farmers for very little cause, and then refuse to give any information as to what their cause for the cease-and-desist notice was.”

Duarte believes the lawsuit filed by the Army Corp of Engineers is a somewhat arbitrary enforcement of wetland destruction laws, “Lately, under the new WOTUS Rule, federal administrations [designate that] everything we farm as a wetland. We’ve had experts on both sides out in the field. Everyone agrees that wetlands are still there; the wetlands are still the same size; the wetlands have the same hydrology; the wetlands still have the same pocket water when it rains; the wetlands still have wetland vegetation; the wetlands are all still there by all the parameters one would measure a wetland’s presence by.”

Duarte noted where they are in the process, and why they chose to standup for their rights, “We filed motions for summary judgement, had a motion for summary judgement hearing back in, I think it was early December, we are waiting for the judges rulings on those, so we can proceed to trial on any unsettled matters in the case. We see these types of things happening to our customers all over the state, and that is one reason we wanted to bring this suit. We’re willing to bring this suit and defend our customers, our growers’ ability to take our products and farm their land. Duarte Nursery cannot exist without our growers being able to farm.”

This situation has come at a heavy price for the Duarte family. “This has cost our company over $1 million just to stand up for everyone’s right to farm their property. In a number of important ways, there is a noose tightening around the neck of agriculture everyday, and unless we stand up and fight back, in the courts, where it is appropriate, we are going to lose our ability to farm without federal government permission to do so,” Duarte said.

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