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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 evidePacific Legal Foundationnce 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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Links:

Duarte Nursery

Pacific Legal Foundation

U.S. Army Corp of Engineers

2016-07-23T17:25:28-07:00March 11th, 2016|

Water Regulators Operate in Silos

State Senator Cannella Says Water Regulators Operate in Silos

By Laurie Greene Editor

California State Senator Anthony Cannella, (R-Ceres), who represents District 12, the Westside of the Central San Joaquin Valley from Modesto to Coalinga, knows how growers must feel about so much fresh water from recent rain and early snowmelt flowing out to the ocean instead of being stored for future use. Cannella, who is currently serving as vice chairman of the Agriculture Committee said, “Obviously growers are out there; they have their life savings out there; they have been relying on water from the State Water Project or they have been relying on reservoirs; and the state has been taking more and more of their water due to ESA restrictions.”

“If farmers do not have surface water again this year,’ he continued, “they are going to pump from the groundwater. But state and federal officials do not see the connection that no surface water means more groundwater pumping. It would be much more sustainable if farmers could receive more surface water instead of having it flow out to the ocean.”

Cannella said, “Water regulators operate in silos. On one hand, they say groundwater has to be at an equilibrium; and, on the other hand, they say that they cannot pump much fresh water into reservoirs. They don’t combine the two; they don’t connect the two; and I think that is wrong.”

“If you are going to regulate or take away surface storage, there will be an impact on groundwater,” explained Cannella. “But the state does not operate that way, and that is why we are having the problem we are having,” he said.

2016-05-31T19:24:11-07:00February 22nd, 2016|

Interior Assesses California Water

U.S. Department of Interior’s Tom Iseman Assesses California Water

Tom Iseman, deputy assistant secretary for water and science at the U.S. Department of the Interior, in an exclusive interview with California Ag Today’s farm news director, Patrick Cavanaugh, assessed how California is faring given the drought.

Cavanaugh:  I see you as someone who focuses on not just solutions but also the issues and tragedies caused by the extended drought in California. From your perspective, how is California doing and how could things be better?

Iseman:         First of all, I think California is obviously on the leading edge for a lot of reasons, but the state is in the midst of an extended drought. So it is really forcing us to be smarter about how we address these water scarcity challenges. I have been very impressed with the way we have been able to really work together—the Bureau of Reclamation working with the state, the water users and the conservation groups—to think about how we can stretch our limited water supplies to meet these different purposes.

Tom Iseman, deputy assistant secretary, U.S. Department of the Interior

Tom Iseman, deputy assistant secretary, U.S. Department of the Interior (Source: https://www.linkedin.com/in/tom-iseman-3354aa7)

Cavanaugh:  Obviously the country is not able to build another Hoover Dam, but does the Interior understand that we need more storage in California for the rainy days?

Iseman:         Absolutely. There are different ways to do it, so we are looking at a number of projects. One is raising Shasta Dam; one is a new reservoir possibly on the upper San Joaquin River (Temperance Flats); and Sites Reservoir.

Cavanaugh:  But those projects are a long way off, and they may never be built. What can California do now to increase its water portfolio?

Iseman:         There are smarter ways we can build smaller-scale storage and new ways to operate our facilities to stretch water supplies to our advantage.

Cavanaugh:  Could you talk about how we can use water differently? Desal is more expensive water, but water needs to be more expensive. When water gets more expensive, people conserve more, right? Talk about your vision of desal in America, particularly in California.

Iseman:         Generally, clean water technology is a big part of what we need to be doing. It is not just building new storage; it’s being smarter with what we have. So, technology is a great way to do that. We have desalination, water recycling and water reuse. Having these options creates an opportunity for more partnerships. So now you can have cities recycling their water and sending their water supply to agricultural water users—a win-win situation. The city gets some revenue and deals with its wastewater, and agricultural water users get a new supply. That is the way we should be thinking—about the possible partnerships to take advantage of these options.

Cavanaugh:  People building desal plants in cities like Santa Barbara, mothballed the plants when the rains came. We need to make desal part of the culture of these cities located on the ocean. I mean, does the Department of the Interior see that as a rational thing to do?

Iseman:         It’s interesting. Obviously it has been done in other places, and they have invested quite a bit of money here in California. It comes down to economics; we don’t make the decision about whether a city builds or doesn’t build a desal plant, but it is part of the water supply list, potentially.

The challenges with desal is just the cost right now and how much energy and waste it can produce. And they are comparing that to the other options out there. Are there other technologies out there that we can use? Are there water markets or water rights I can acquire? Is there potential for new storage? I think the cost will help sort that out.

The part that cost doesn’t address in some ways—and it can be built in—is the uncertainty. One thing, I think, about a desal plant that people like is that you know there is going to be a water supply if you are on the ocean. And if you have the money and can generate the energy, you can get the water. As you see more uncertainty in our climate and in our existing water supplies, that would be one argument in favor of desal.

Cavanaugh:  It is stable.

Iseman:         Yes, and we need reliability.

Cavanaugh:  Well, you talked about the cost and the economics, but we all need to pay more for water, and I’d be the first one. It would make everyone conserve more, right?

Iseman:         Absolutely.

Cavanaugh:  Maybe, raise the cost of water $10 a bill?

Iseman:         Well, I’m not going to say we are going to raise people’s water rates, but if you talk to the industry and look at the future of the industry, a lot of people say, ‘People need to pay more for water.’ That is how you get the investments.

The federal budget is constrained; they are not going to be there when we are going out and building Hoover Dam in ten years. We just don’t have that kind of resources anymore. So the question is, how do you get more revenue stream in to help contribute to the cost of those investments? And that goes back to rates. And at some point, we will have to decide how much we pay for water and how much we value our water.

Cavanaugh:  Thanks for being aware of all this. Are you encouraged we will find solutions?

Iseman:         We talk about California everyday; we are all very aware of the things that are happening. But I really gained an appreciation of the innovation, the energy and the cooperation of people here—the commitment they have in dealing with these issues. I was glad to be a part of it.

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Link:

U.S. Department of the Interior

2016-05-31T19:24:12-07:00February 19th, 2016|

LA Included in Water Priorities Act

CaWater4All-Proposed Water Priorities Act Includes Los Angeles

By Patrick Cavanaugh, Deputy Editor

The Water Priorities Constitutional Amendment and Bond Act is good for all of California—people, farms and the environment. Should the required 565,880 petition signatures necessary for inclusion on the November 2016 ballot be collected by the April 26, 2016 deadline, and should the Water Priorities Act receive a majority of affirmative votes in November, it will provide big benefits to cities such as Los Angeles.

“The availability of regional water projects is massive for our urban centers,” stated Aubrey Bettencourt, executive director of the California Water Alliance, the ballot initiative’s sponsor. “The ability for urban centers to create water in their own regions and become less dependent on other parts of the water system, actually helps the other regions in the system as well.”
CaliforniaWater4All

The proposed water priorities act creates flexibility all around. Bettencourt explained, “Consider that the Los Angeles (LA) River loses as much water in an average storm event as the water supply for 180,000 homes annually—in one storm! In an average normal water year, Los Angeles loses the equivalent of the Shasta Reservoir in stormwater runoff, and they are under state and federal mandates to capture that water, recycle it and put it back in their water supply. This helps clean up their beaches and ocean water, which would otherwise end up with a lot of pollution through runoff,” she said.

“This ballot measure would increase their regional water supply by capturing and injecting stormwater runoff back into their groundwater supply. That would providing flexibility and reliability to the water supply for Southern California, but also affordability, which is such a key part of this effort,” Bettencourt noted.

“And Governor Brown just extended the drought cut mandates through the end of October of this year, and a lot of communities are conserving and conserving,” she said.”They are conserving so much that they using less; and, now they have to pay more because they are using less. So they are using less water, paying more for it, and still being punished. And that should not have to happen if we have a system big enough to supply all of our diverse water needs: agricultural, urban and environmental.”

Bettencourt noted, “The system hasn’t been updated since the late ’60’s-early ’70’s, in terms of some of our large-scale infrastructure. And you have to remember, our population was half the size it is today, and we didn’t have the same type of demand on that system that we do today,” she emphasized.

“Currently, we allocate 50% of our surface water to environmental protection. That is not wrong; but what is wrong is that we didn’t expand the system enough to take care of that allocation and our people. That is what this water ballot initiative is aiming to provide:  to increase our infrastructure to meet the demands of the 21st century,” said Bettencourt.

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Links:

California Water Alliance Initiative Fund

California Water Alliance

2016-05-31T19:24:12-07:00February 18th, 2016|

EPA on Agriculture, Part 2

Ron Carleton, EPA on Agriculture, Part 2

By Laurie Greene, Editor

Editor’s note: In an exclusive interview with Ron Carleton, EPA Counselor to the Administrator for Agricultural Policy, we asked how the EPA views agriculture.

“Look, we want to work with agriculture,” said Ron Carleton, former deputy commissioner for the Colorado Department of Agriculture. “We have a number of issues and challenges we face across the country with water quality and other things. The thing that we often talk about is the adoption and implementation of conservation measures and best practices, and our producers are doing that,” he noted.

“Farmers are taking those very important steps,” explained Carleton, “to help get us from here to there. EPA Administrator Gina McCarthy is very committed to working with agriculture, to have that dialogue, to have that discussion, to have those two-way communications. So, hopefully, we can work better together as we go forward and find those opportunities to collaborate and to partner. That is so key, and something that I strongly am committed to and strongly support.”

Ron Carlton, EPA Counselor to the Administrator for Agricultural Policy

Ron Carlton, EPA Counselor to the Administrator for Agricultural Policy

Carleton elaborated, “I absolutely believe the EPA is always willing to look for outreach opportunities to be with our producers to sit down, to have those discussion with farmers,” towards a common goal.

“We’ve worked with our pesticide folks around the state very closely to resolve any issues that might arise with pesticide issues. We want to get those tools and those products out to our producers, but to do so in a safe way, in a way that also protects the environment. So, I think it is about collaboration. It is about discussion and dialogue, and we are committed to doing more of that.”

With the EPA’s commitment to collaboration and partnership, Carleton said hopefully in the long run, we could address the many challenges that we all have—not only in agriculture—but in the environment as well.

“I’ve always said that our farmers and ranchers are the best stewards of the land,” said Carleton. “We at the EPA need to continue working with them to support them to promote those efforts as best we can.”

“Now, we are not without challenges out there—environmental challenges with water quality, for example, with nutrient pollution in some cases, and air issues in other cases. But I think that the way we lick those problems, again, is by working together promoting those voluntary efforts. We must look for and embrace those opportunities to work together, not only with our Ag stakeholders, but also with the USDA and the NRCS.

“I think we just need to continue what we are doing, engage even more farmers and ranchers,” Carleton said, “and continue to seek technological advances, not only in irrigation, but land management and water quality. I’m confident and I’m optimistic that even with the challenges we have, climate change, a doubling of the population by 2050 and all the problems these will pose, I have every confidence in the world that we are going to find solutions to these problems, and I think that our farmers and ranchers are going to lead the way.

USDA Horizontal Logo“Farmers and ranchers are innovative and always trying to do the best they can to protect their land and water; but we all can do better. I think our producers respond to change in very good ways. Look, we have gone through technological advances; we are more technically precise in using fertilizers and water,” Carleton said.

He noted, “Water is going to be an interesting issue as the population doubles and as we have more development, particularly in the Western part of the United States, which is drier. But I think our farmers and ranchers are good at responding to that change, and good at helping to develop, adopt, and implement those technical advances in a way that not only is environmentally good, but increases productivity.”

“They are doing more with less,” Carleton said, “particularly given the challenges of a growing population, not only here in this country, but around the world, the loss of productive agricultural land everyday to development and the increase in extreme weather events, including droughts, floods and the like—and California farmers know all too well the weather extremes.”

2016-05-31T19:24:12-07:00February 12th, 2016|

California Weed Science Society Meeting

California Weed Science Society Meeting

By Charmayne Hefley, Associate Editor

The California Weed Science Society (CWSS) held their annual meeting in Sacramento from January 13-15, 2016. The meeting fostered collaboration between Pest Control Advisors (PCAs) and farmers as they gathered to learn the newest innovations in weed science.

John Roncoroni, weed science farm advisor for the UC Cooperative Extension in Napa County, as well as the outgoing CWSS president, said four Fresno State students gave presentations at the meeting on their research. “We’ve had really great student participation—the amount of student scholarships we’ve given is up this year, the posters, the students and our attendance this year is up,” Roncoroni said. Pre-registration was about 530 people.

CWSS LogoRoncoroni suspects that rain pushed people to attend, “becausewith that rainwe’re looking at more weeds this year. So people are looking for the newest information on weeds. This year’s conference really has done a really good job of putting that information together. Kate Walker, our program chair, has really done a fine job of putting together a great program.”

Kate Walker, technical service representative for BASF Corporation, is also the new, incoming CWSS president.

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Links:

California Weed Science Society (CWSS)

The CWSS recently updated its published textbook, Principles of Weed Control, 4th Edition, that focuses on the applied aspects of weed control.  The purpose of this textbook is to provide access to the fundamental principles and concepts of weed management in California. The book is designed for use at the college level by students who have an interest in pursuing a plant science or associated background of course work. It is also a useful resource for individuals studying to become PCAs and applicators or for consultants who work in weed science. For more information, go to the CWSS website Publications page.

2021-05-12T11:03:04-07:00February 5th, 2016|

EPA on Farming

EPA: Domestic Farming is Critical

Importing All Food from Other Countries is Risky, Part 1

 

By Laurie Greene, Editor

 

Editor’s note: California Ag Today was granted an exclusive interview with Ron Carleton, counselor to the U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy for agricultural policy. While we know that air and water quality are top priorities for the EPA, we asked Carleton to describe the outlook of the EPA on farming.

“The importance of our agricultural sector to our country, to our consumers, to our economy, to our job creation, to our rural communities: Absolutely, we have to preserve that,” said Carleton.

“We used to have discussions in the ’70’s, and the 80’s and the 90’s about energy independence,” he said, “because of the problems caused by importing so much of our energy from abroad, particularly in instances from countries that weren’t necessarily friendly to us.”

Carleton noted the same can be said with food imports. “Imagine we have that same situation for most of our food. I think that poses a serious risk to food safely. I think that poses a serious risk to affordability. I think that poses a serious risk to quality and quantify, and we can’t do that,” Carleton said. “It is incredibly important that we preserve our agricultural productive capability in this country.”

“I believe our country can preserve our agricultural base, and I think we can do that in a way that is also environmentally friendly,” noted Carleton. “So, interesting times; interesting challenges. But I firmly believe the men and women who farm in our country are up to the challenge.”

2016-05-31T19:24:13-07:00February 3rd, 2016|

California Water Priorities Ballot Measure

Petitioning for California Water Priorities Ballot Measure Kicks off Friday in Fresno

 

California Water Alliance (CalWA) executive director Aubrey Bettencourt announced TODAY that a petition drive for the California Water Priorities Ballot Measure will take place Friday, January 29, 2016, at KMJ Studios, 1071 W. Shaw Avenue in Fresno, from 2-6 pm.

Earlier this week, the proposed ballot measure was approved by Attorney General Kamala Harris, opening the door to begin signature-gathering efforts with initiative supporters. Since the measure’s approval, CalWA has received an overwhelming amount of support and requests for petitions to circulate.

Electronic copies of the petition are not available, as use of them would disqualify the signatures gathered. Requests for petitions may be made online at www.CaWater4All.com. CalWA will begin mailing petitions on Friday, January 29.

A second signature drive is being scheduled February 9-11, 2016, at the World Ag Expo in Tulare. More information on this event will be available on the CaWater4All website.

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The California Water Alliance is a statewide nonprofit organization dedicated to raising awareness about the nature of water and promoting long-term, sustainable solutions that meet the health and security needs of families, cities, businesses, farmers and the environment. 

The California Water Alliance Initiative Fund Committee (FPPC ID#1381113), sponsored by the California Water Alliance, a non-profit IRC §501(c)(4) organization, is a state primarily formed ballot measure recipient committee organized to qualify two or more state ballot measures for the November 2016 ballot. It is permitted to accept unlimited, non-tax-deductible donations from individuals, corporations, partnerships, nonprofit organizations, and any other lawfully permissible sources. For more information and restrictions, please visit http://cawater4all.com/.

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Resources:

 

The Water Priorities Constitutional Amendment and Bond Act Fact Sheet

California Water Explained

California Water Use Facts

California Water Polling Infographic

2016-05-31T19:24:14-07:00January 28th, 2016|

Water Initiative Approved by AG

California Water Priorities Initiative Goes to Ballot

The Attorney General of California, Kamala Harris, has prepared the following title and summary of the chief purpose and points of the proposed water initiative:

WATER BOND. REALLOCATION OF BOND AUTHORITY TO WATER STORAGE PROJECTS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE.

Prioritizes water uses in California, with domestic uses first and irrigation uses second, over environmental, recreational, and other beneficial uses. Reallocates up to $10.7 billion in unused bond authority from existing high-speed rail ($8.0 billion) and water storage ($2.7 billion) purposes, to fund water storage projects for domestic and irrigation uses.

Removes requirement that water storage projects funded by the $2.7 billion amount also benefit the environment. Creates new State Water and Groundwater Storage Facilities Authority to choose the projects to be funded by reallocated bond amounts. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

No significant increase or decrease in the state’s anticipated debt payments from the redirection of up to $10.7 billion in bonds from previously approved measures, assuming these bonds would have been sold in the future absent this measure. Unknown net fiscal effects on state and local governments due to measure’s changes to how water is prioritized in the State Constitution, as well as potential changes to funding levels available for capital projects.

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“Measure is an opportunity for California’s people to influence the state’s priorities directly” said California Water Alliance, executive director Aubrey Bettencourt, executive director of the California Water Alliance, which is the sponsor of the water initiative.

“It’s a rare chance for the people of California to tell the state to get its priorities straight,” Bettencourt said. “High-speed rail is an unpopular boondoggle and a reliable water supply means more to the people and economy of this state in light of the current drought than ever before. Californians want to prepare the state for inevitable new droughts yet to come.”

Bettencourt emphasized that adding more storage to the state and federal water project systems will benefit more than just people and food producers, it will mean that wildlife refuges and habitats throughout the state will benefit from additional water when new droughts inevitably arrive. “The measure will give the system more operational flexibility and more options,” she said.

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About the California Water Alliance

The California Water Alliance is a statewide nonprofit organization dedicated to raising awareness about the nature of water and promoting long-term, sustainable solutions that meet the health and security needs of families, cities, businesses, farmers and the environment. 

About the California Water Alliance Initiative Fund Committee

The California Water Alliance Initiative Fund Committee (FPPC ID#1381113), sponsored by the California Water Alliance, a non-profit IRC §501(c)(4) organization, is a state primarily formed ballot measure recipient committee organized to qualify two or more state ballot measures for the November 2016 ballot. It is permitted to accept unlimited, non-tax-deductible donations from individuals, corporations, partnerships, nonprofit organizations, and any other lawfully permissible sources. 

2016-05-31T19:24:14-07:00January 26th, 2016|

Ag Collaboration with the Netherlands

Karen Ross: Ag Collaboration with the Netherlands

By Charmayne Hefley, Associate Editor

 

One of the best ways to overcome the challenges that arise in farming, is ag collaboration with countries that have already found solutions to the issues we face.

Karen Ross, secretary, California Department of Food and Agriculture, led a delegation of Californians to the Netherlands last month, “for shared discussion on all of the ways we can collaborate on climate-smart agriculture,” Ross said, “including water-use efficiency and improved fertilizer use.”

“In particular, the Netherlands has a shared issue with us—nitrates in groundwater—and what we can do to improve our water management and fertilizer management to avoid that. They’re doing some interesting things with greenhouse technologies and salt-tolerant crops, so we saw some real opportunities. We had university people with us to do some trials here.”

Ross’s group was able to visit Wageningen UR (University & Research centre), Netherlands’ prominent agriculture university. She said between the University of California, Davis and the Dutch university, “we found ways that we can collaborate together to find the solutions that are not just about here in California,” Ross said. “If we can solve these problems on water-use efficiency, desalinating brackish water, and salt-tolerant crop issues in California, we will make a contribution to solving these problems on a global basis.”

Ross’s team also visited many farmers, primarily of specialty crops. Ross commented, “We saw some of their digester technology, which we know is one of the solutions for our dairies. We really want to advance that technology, make it affordable and provide value to our dairies.”

2021-05-12T11:05:58-07:00January 22nd, 2016|
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