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.

Peltier 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.

California Ag Today2021-05-12T11:05:53-07:00July 12th, 2016|

CULTIVATING COMMON GROUND: The State of the Wealthy Class in California

CULTIVATING COMMON GROUND:

The State is Sinking, and Its Wealthy Class Is Full of Hypocrites

Editor’s note: We thank Victor Davis Hanson for his contribution to California Ag Today’ CULTIVATING COMMON GROUND.

By Victor Davis Hanson

There was more of the same-old, same-old California news recently. Some 62 percent of state roads have been rated poor or mediocre. There were more predications of huge cost overruns and yearly losses on high-speed rail—before the first mile of track has been laid. One-third of Bay Area residents were polled as hoping to leave the area soon.

Such pessimism is daily fare, and for good reason.

The basket of California state taxes—sales, income, and gasoline—rate among the highest in the U.S. Yet California roads and K-12 education rank near the bottom.

After years of drought, California has not built a single new reservoir. Instead, scarce fresh aqueduct water is still being diverted to sea. Thousands of rural central-California homes, in Dust Bowl fashion, have been abandoned because of a sinking aquifer and dry wells.

One in three American welfare recipients resides in California. Almost a quarter of the state population lives below or near the poverty line. Yet the state’s gas and electricity prices are among the nation’s highest.

– Victor Davis Hanson

One in four state residents was not born in the U.S. Current state-funded pension programs are not sustainable.

California depends on a tiny elite class for about half of its income-tax revenue. Yet many of these wealthy taxpayers are fleeing the 40-million-person state, angry over paying 12 percent of their income for lousy public services.

Public-health costs have soared as one-third of California residents admitted to state hospitals for any causes suffer from diabetes, a sometimes-lethal disease often predicated on poor diet, lack of exercise, and excessive weight.

Nearly half of all traffic accidents in the Los Angeles area are classified as hit-and-run collisions.

Grass-roots voter pushbacks are seen as pointless. Progressive state and federal courts have overturned a multitude of reform measures of the last 20 years that had passed with ample majorities.

In impoverished central-California towns such as Mendota, where thousands of acres were idled due to water cutoffs, once-busy farmworkers live in shacks. But even in opulent San Francisco, the sidewalks full of homeless people do not look much different.

What caused the California paradise to squander its rich natural inheritance?

Excessive state regulations and expanding government, massive illegal immigration from impoverished nations, and the rise of unimaginable wealth in the tech industry and coastal retirement communities created two antithetical Californias.

One is an elite, out-of-touch caste along the fashionable Pacific Ocean corridor that runs the state and has the money to escape the real-life consequences of its own unworkable agendas.

The other is a huge underclass in central, rural, and foothill California that cannot flee to the coast and suffers the bulk of the fallout from Byzantine state regulations, poor schools, and the failure to assimilate recent immigrants from some of the poorest areas in the world.

The result is Connecticut and Alabama combined in one state. A house in Menlo Park may sell for more than $1,000 a square foot. In Madera, three hours away, the cost is about one-tenth of that.

In response, state government practices escapism, haggling over transgender-restroom and locker-room issues and the aquatic environment of a three-inch baitfish rather than dealing with a sinking state.

What could save California?

Blue-ribbon committees for years have offered bipartisan plans to simplify and reduce the state tax code, prune burdensome regulations, reform schools, encourage assimilation and unity of culture, and offer incentives to build reasonably priced housing.

Instead, hypocrisy abounds in the two Californias.

If Facebook billionaire Mark Zuckerberg wants to continue lecturing Californians about their xenophobia, he at least should stop turning his estates into sanctuaries with walls and security patrols. And if faculty economists at the University of California at Berkeley keep hectoring the state about fixing income inequality, they might first acknowledge that the state pays them more than $300,000 per year — putting them among the top 2 percent of the university’s salaried employees.

Immigrants to a diverse state where there is no ethnic majority should welcome assimilation into a culture and a political matrix that is usually the direct opposite of what they fled from.

More unity and integration would help. So why not encourage liberal Google to move some of its operations inland to needy Fresno, or lobby the wealthy Silicon Valley to encourage affordable housing in the near-wide-open spaces along the nearby I-280 corridor north to San Francisco?

Finally, state bureaucrats should remember that even cool Californians cannot drink Facebook, eat Google, drive on Oracle, or live in Apple. The distant people who make and grow things still matter.

Elites need to go back and restudy the state’s can-do confidence of the 1950s and 1960s to rediscover good state government — at least if everyday Californians are ever again to have affordable gas, electricity, and homes; safe roads; and competitive schools.

Victor Davis Hanson, as described on his website, is the Martin and Illie Anderson Senior Fellow in Residence in Classics and Military History at the Hoover Institution, Stanford University, a professor of Classics Emeritus at California State University, Fresno, and a nationally syndicated columnist for Tribune Media Services.

He is also the Wayne & Marcia Buske Distinguished Fellow in History, Hillsdale College, where he teaches each fall semester courses in military history and classical culture.

Hanson was awarded the National Humanities Medal in 2007, the Bradley Prize in 2008, as well as the William F. Buckley Prize (2015), the Claremont Institute’s Statesmanship Award (2006), and the Eric Breindel Award for opinion journalism (2002).

Hanson, who was the fifth successive generation to live in the same house on his family’s farm, was a full-time orchard and vineyard grower from 1980-1984, before joining the nearby CSU Fresno campus in 1984 to initiate a classical languages program. In 1991, he was awarded an American Philological Association Excellence in Teaching Award, which is given yearly to the country’s top undergraduate teachers of Greek and Latin.

The opinions, beliefs and viewpoints expressed by the various participants on CaliforniaAgToday.com do not necessarily reflect the opinions, beliefs, viewpoints or official policies of the California Ag Today, Inc.

California Ag Today2016-08-09T15:32:36-07:00July 12th, 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.

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.

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.

California Ag Today2021-05-12T11:00:52-07:00July 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.

On 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.

“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.”

Clean Water Rule, EPA

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.

“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.”

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California Ag Today2016-07-23T17:16:17-07:00July 7th, 2016|

Historic Temperance Flat MOU Signing

Assemblymember Bigelow on Historic July 1 MOU Signing

By Patrick Cavanaugh, Farm News Director

East of Fresno at Friant Dam last Friday, July 1, the San Joaquin Valley Water Infrastructure Authority (SJVWIA) and the United States Department of the Interior, Bureau of Reclamation signed an historic Memorandum of Understanding to coordinate and complete feasibility studies of the proposed Temperance Flat Dam.

Historic July 1, 2016 MOU Signing for Temperance Flat Dam

State Assemblymember Frank Bigelow, 5th Assembly District (serving a large portion of Madera County, along with all the foothill and mountain communities north of Madera to the Sacramento area) noted the critical importance of getting Temperance Flat Dam built to store freshwater for the citizens and farmers of California.

Bigelow, a Madera rancher and farmer of pistachios, figs, and persimmons, said, “This is a huge event to enable us to have additional [water] storage. I just am so thankful to the people who put the water bond forward. Without the money that the people have made possible by voting to support the water bond, none of this would be possible; that’s a clear message.”

Friant Dam and Millerton Lake State Recreation Area (Source: U.S. Bureau of Reclamation)

“Without water,” Bigelow explained, “none of our communities would continue to survive in the way they have for years and years. Much of the water we see is being used in different ways; it is not all going to agriculture, and it is not all going to residential. It is going to the environment. So we’ve got to divide that up by the law now, and in equal proportional value.”

“Right now,” he detailed, “Millerton Lake captures 526,000 acre-feet of [fresh] water, but we have millions of lost acre-feet that flow past every year into the Delta, then ultimately to the ocean.” Upon completion, the Temperance Flat Dam would hold more than twice the amount of water that Friant Dam holds—”especially important for capturing freshwater during heavy rain and snow years,” noted Bigelow.

California Ag Today2016-07-07T10:05:08-07:00July 7th, 2016|

Recycled Water Project for Water Stability, Part 2

North Valley Regional Recycled Water Program Projected Completion

By Brian German, Associate Editor

In our continued coverage of the monumental North Valley Regional Recycled Water Program (NVRRWP), Anthea Hansen, general manager of the Del Puerto Water District, talked about the projected completion for the project.

Anthea Hansen, general manager, Del Puerto Water District

“We estimate the pipeline will be completed by December 2017—less than two years,” Hansen stated. “The first year’s combined quantities, if both cities (Turlock and Modesto) are online at the start date, will be somewhere between 25K and 30K acre-feet per year,” Hansen calculated.

NVRRWP will convey recycled water from Turlock and Modesto, currently being discharged into the San Joaquin River, instead to the Delta-Mendota Canal via pipeline for storage purposes and later use. “The sense that we all have here,” said Hansen, “is that this transaction and this accomplishment will change the future of the Del Puerto Water District for the better. It will give us some stability in our base [water] supply that we know will come year in and year out.”

After many years of working with various agencies and collaborating with multiple cities, the project has passed all of its major hurdles and is set to break ground within the next few months. Using recycled water from treatment plants will reduce reliance on unsustainable groundwater supplies and also lower the amount of water pumped from the Delta.

NVRRWP map (Source: NVRRWP map)

“People use water in the cities every day, 365 days a year,” explained Hansen. “The reliability of the supply is so important to us because, for such a long time, we have not had reliability in our water supply,” Hansen noted.

“We have 40-year agreements in place with both cities,” she continued. “As a result of the program, even in the first years, each irrigable acre in the district will receive somewhere between one half to three-quarters of an acre-foot of guaranteed water supply, year in and year out.”

Hansen added the project will sustain a growing population. “Over time,” she remarked, “as the cites grow and the populations expand, the quantities of water are projected to grow over the build-out period for the project.”

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Additional Benefits of the North Valley Regional Recycled Water Program

California Ag Today2021-05-12T11:05:53-07:00July 5th, 2016|

Temperance Flat Dam Brings Five Valley Counties Together

Key July 1 Signing Ceremony to Launch Temperance Flat Dam Process

by Patrick Cavanaugh, Farm News Director

Mario Santoyo, executive director of the San Joaquin Water Infrastructure Authority (SJWIA), which represents the five-county joint powers of authority in the Central San Joaquin Valley, has announced an important event will launch the process needed for Temperance Flat Dam: the Temperance Flat Project Partnership Agreement Signing Ceremony outside Old Fresno County Courthouse overlooking Millerton Lake at 10 a.m. sharp on Friday, July 1, 2016.

“This is a major event, a significant milestone in terms of the process to get Temperance Flat Dam built.” Santoyo said. “In essence, it is a partnership between the new joint powers of authority and the U.S. Bureau of Reclamation, and, more specifically, their study team who worked on the technical studies and the feasibility reports for Temperance Flat.”

Merced, Fresno, Kern, Kings and Tulare Counties are joining forces with leaders of cities, Tribes, and other agencies to begin this significant move towards building the Temperance Flat Dam. “Working together, we are going to put the application together and submit it to the California Water Commission for their consideration for funding through Proposition 1, Chapter 8,” Santoyo said. “It’s a solid statement that needs a signature.”

“It’s a memorandum of understanding between the Bureau of Reclamation and the joint powers of authority,” he said, “that defines the scope of work. In essence, it’s full cooperation between their technical people and our joint powers of authority. Our people are tailoring the application to the state to optimize funding. Keep in mind, we’re talking big dollars here; we are not talking a million or a hundred million; we are talking a billion.”

Temperance Flat Dam would create nearly 1.3M acre-feet of new water storage, according to the SJWIA, 2.5 times the current capacity of Millerton Lake, and would be a part of the Federal Central Valley Project.

“Chapter 8, which is the storage chapter in Prop 1, has $2.7 billion in it,” Santoyo explained. “Projects that are submitted for funding are limited to up to 50% of the capital costs of their project. If we were to take Temperance Flat, for instance, that’s going to cost somewhere around $2.8 billion. The maximum you could ask from the state is $1.4 billion, but we don’t expect that because there is a lot of competition. There’s not enough dollars to go around. We’re hoping to shoot for somewhere around $1 billion.”

“I see [the July 1 event] as being historic,” Santoyo reflected, “because it is one of the most critical things to happen—to be able to build Temperance Flat, as well as a good opportunity to be at a place where history’s being made.”

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For more information, contact Mario Santoyo at 559-779-7595.

Featured image: Mario Santoyo, executive director of the San Joaquin Water Infrastructure Authority (SJWIA)

California Ag Today2021-05-12T11:05:53-07:00June 29th, 2016|

VIDEO: Other Stressors, Not Pumps, Leading to Delta Smelt Decline

VIDEO: Wasted Freshwater in Failed Attempt to Save Delta Smelt and Salmon

By Laurie Greene, Editor

“Other Stressors, Not Pumps, Leading to Delta Smelt Decline,” a video produced by Western Growers, explains why the communities, business, and farmland in the Central Valley and southward still experience regulatory water cutbacks that are extreme in some cases, while 3 billion gallons of extra freshwater flow out to sea in the failing effort to save the Delta Smelt from extinction.

The VIDEO addresses this loss of freshwater unused by California residents and businesses still suffering from both drought conditions and environmental water cutbacks and that could have gone into water storage.

Western Growers accuses government agencies in charge of managing California’s water of restricting the Delta pumps far beyond what is required by the law. “As a result,” the association said, “billions of gallons of El Niño water have been flushed out to sea. Shutting down the pumps has not helped the Delta smelt and salmon recover, and government regulators are ignoring other stressors such as predation, invasive species and wastewater discharges.”

Delta Smelt Troll, Survey 6, 2016: “There were no Delta Smelt collected.”

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Western Growers, founded in 1926, is a trade association of California, Arizona and Colorado farmers who grow, pack and ship almost 50% of our nation’s produce. Their mission is to enhance members’ competitiveness and profitability by providing products and services with agriculture in mind. Services include Affordable Care Act (ACA) compliant health benefits for farmworkers, cost-saving and environmentally-focused logistics, food safety initiatives and advocacy for members.

They ask, “If you enjoy fruits, vegetables and nuts, support our members and the produce industry.”

Featured Photo: Delta smelt by metric ruler (Source: USFWS)

California Ag Today2021-05-12T11:05:55-07:00June 10th, 2016|

ILRP Changes Target All Calif. Farmers

Proposed Changes to Irrigated Lands Regulatory Program (ILRP) Could Impact Farmers Statewide

By Patrick Cavanaugh, Deputy Editor

The recently proposed changes to the Irrigated Lands Regulatory Program (ILRP), open for public comment until Wednesday, May 18, could significantly impact farmers, according to Casey Creamer, coordinator for the Kings River Water Quality Coalition. “The proposed modifications concern the east San Joaquin Region, within Madera, Merced and Stanislaus Counties,” Creamer said. “That’s the scope of it.”

According to the State Water Resources Control Board’s (SWRCB) website, ILRP “regulates discharges from irrigated agricultural lands. This is done by issuing waste discharge requirements (WDRs) or conditional waivers of WDRs (Orders) to growers.” Discharges include irrigation runoff, flows from tile drains and storm water runoff, which can transport “pollutants including pesticides, sediment, nutrients, salts (including selenium and boron), pathogens, and heavy metals, from cultivated fields into surface waters. Orders contain conditions requiring water quality monitoring of receiving waters and corrective actions when impairments are found.”

While ILRP currently targets only the east San Joaquin region, Creamer said, “It’s a precedent-setting deal, so everything in there is going to affect not only the entire Central Valley, but the Central Coast and the Imperial Valley—that may not have near the issues or the current regulatory programs that we have here in the Central Valley. So, its very important statewide.”

Creamer emphasized, “Farmers need to know that this is not a minor issue; this is a big issue that affects their livelihoods and their ability to operate. They need to get involved. They need to communicate with their other growers, communicate with their associations, get involved and have their voices heard.”

__________________

The State Water Board is hosting a public workshop on the proposed order on Tuesday, May 17, in Fresno—one day prior to the closing of the ILRP public comment period. The workshop will be held at 9:00 a.m. in the San Joaquin Valley Air Pollution Control District, Central Region, 1990 E. Gettysburg Avenue, Fresno.

The SWRCB is also soliciting written comments on the proposed order. Written comments must be received by 5:00 p.m., Wednesday, May 18, 2016. Please indicate in the subject line, “Comments to A-2239(a)-(c).” Electronic submission of written comments is encouraged. Written comments must be addressed to:

Ms. Jeanine Townsend

Clerk to the Board

State Water Resources Control Board

1001 I Street, 24^th Floor [95814]

P.O. Box 100

Sacramento, CA 95812-0100

(tel) 916-341-5600

(fax) 916-341-5620

(email) commentletters@waterboards.ca.gov

__________________

The Kings River Water Quality Coalition is a non-profit joint powers agency established by the irrigation districts in the Kings River service area. It is governed by a board of directors of landowners from each of the districts. Staffing of the Coalition is administered through an agreement with the Kings River Conservation District located in Fresno. The Coalition was formed in 2009 in order to allow growers within the region a cost-effective avenue to comply with the regulations developed by the Central Valley Regional Water Quality Control Board. The Coalition conducts regional monitoring and reporting and assists members in compliance with regulations. The Coalition is not a regulatory agency. Enforcement of the ILRP is handled by the Regional Water Quality Control Board.

California Ag Today2016-05-31T19:24:04-07:00May 4th, 2016|

Talk, Merely Talk

Farmer Hears Plenty of Talk But Sees No Action on Water Management

Erik Hansen, Legacy Farmer in Kings County

By Patrick Cavanaugh, Deputy Editor

Erik Hansen, a big legacy farmer down in the Tulare Lake Basin in Kings County, is quite frustrated by how the state’s freshwater has been managed this year. “The most important thing,” he said, “is that people realize politicians in this state do not have your best interests in mind when it comes to how the water is run. We have infrastructure that is out of date and needs to be improved, but they are not even using the existing infrastructure at the full capacity it should be used, even though we are in a water emergency.”

“Now there is just nobody who can tell me that that’s OK,” stated Hansen. “Plenty of people can talk around it; they can say, ‘environmental this’ and ‘environmental that.’ But in the end, we need to take a very hard look at how these decisions are being made at the top levels—where people should be losing their jobs in a big way. ‘Starting from the governor having to explain—How do you have a water emergency; yet your appointments at the State Water Resources Control Board are not running the water as they should?

Hansen expects water mismanagement will continue and worsen until the California public holds their feet to the fire. “It is a power move,” Hansen declared.”They are able to hold off one of our most precious resources in the state, and currently two thirds of the state is suffering for it. Northern California has plenty of water, and that is where all the votes are. They forgot about the southern two thirds, and there are plenty of people here who are not happy about it.”

Hansen recounted, “There are higher bills in just about every municipality. Wells are running dry. Certain areas of the state are completely dry to the point where they require 250 gallon totes of water by truck delivery. This is unsustainable, and hopefully the politicians in Northern California can understand that word.”

California Ag Today2016-05-31T19:24:05-07:00May 2nd, 2016|

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Breaking News:

Promised Water Deliveries Could Plummet

Delta Smelt Among Many Reasons for Pumping Constraints

By Emily McKay Johnson, Associate Editor

CULTIVATING COMMON GROUND:

The State is Sinking, and Its Wealthy Class Is Full of Hypocrites

By Victor Davis Hanson

Ruling in Favor of Army Corps is Game Changer for Agriculture

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

Background

Current Scenario

Reaction to the Ruling

Legal Implications

A Game Changer for Ag

Resources

Assemblymember Bigelow on Historic July 1 MOU Signing

By Patrick Cavanaugh, Farm News Director

North Valley Regional Recycled Water Program Projected Completion

By Brian German, Associate Editor

Key July 1 Signing Ceremony to Launch Temperance Flat Dam Process

VIDEO: Wasted Freshwater in Failed Attempt to Save Delta Smelt and Salmon

By Laurie Greene, Editor

Proposed Changes to Irrigated Lands Regulatory Program (ILRP) Could Impact Farmers Statewide

By Patrick Cavanaugh, Deputy Editor

Farmer Hears Plenty of Talk But Sees No Action on Water Management

By Patrick Cavanaugh, Deputy Editor

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