Salinas Valley SGMA Agency Progresses

Salinas Valley SGMA Agency Development Makes Headway

By Patrick Cavanaugh, Farm News Director

 

The Sustainable Groundwater Management Act (SGMA) empowers local agencies to adopt groundwater management plans that are customized to the resources and needs of their communities. All such designated groundwater sustainability agencies (GSAs) in the State’s high- and medium-priority groundwater basins and subbasins must be identified by June 30, 2017.

 

A GSA is responsible for developing and implementing a groundwater sustainability plan (GSP) to meet the sustainability goal of the basin to ensure that it is operated within its sustainable yield, without causing undesirable results. The GSP Emergency Regulations for evaluating GSPs, the implementation of GSPs, and coordination agreements were adopted by DWR and approved by the California Water Commission on May 18, 2016.

 

“We’re coming down to the wire pretty quickly,” commented Norm Groot, executive director of the Monterey County Farm Bureau in Salinas. “We’re moving forward with our SGMA implementation and moving closer to a proposal for our groundwater sustainability agency. We hope to have something presentable to the public entities sometime this fall.”

 

“We are meeting with stakeholders in the Valley and hopefully we can move forward with some of the solidification of the proposals and get into the nitty-gritty details of how to work that particular agency through the process,” Groot continued. “We have options to either take an agency that we have here in our county and rework it legislatively, or perhaps create a brand new agency. It just depends on the complexities of that particular issue based on the proposal that we come up with,” said Groot.

 

Groot noted local agricultural leaders have proposals on the table and various different options are under consideration. “The complexity of reworking an existing agency through a legislative process is rather daunting,” explained Groot. “The complexity of creating a new agency from the scratch is also very daunting and probably very expensive.”

 

Certainly any of these proposals under scrutiny will not be approved overnight. “It’s going to take some thought; some time, effort, and energy; and definitely some money to do,” said Groot.


Resources:

2016-09-08T08:02:22-07:00September 8th, 2016|

Tulare County Ag is Down But Strong

Tulare County Annual Crop Report is Down But Still Strong

 

By Patrick Cavanaugh, Farm News Director

 

The numbers are in for the 2015 Tulare County Annual Crop and Livestock Report.  Marilyn Kinoshita, Agricultural Commissioner/Sealer of Tulare County, reported, “We had an overall value of $6.9 billion, compared to last year, which was more than $8 billion,” which means the County led the nation in total crop value and dairy production, despite a decrease of nearly 14% in one year.

Tulare County’s top ten crops [crop value] in 2015 were:

  1. Milk
  2. Cattle & Calves
  3. Oranges- Navels & Valencias
  4. Grapes
  5. Almonds Meats & Hulls
  6. Tangerines – Fresh
  7. Corn – Grain & Silage
  8. Silage – Small Grain
  9. Pistachio Nuts
  10. Walnuts

Kinoshita explained, “Dairy is our number one industry here. Our milk production was off a little bit. We have fewer dairies in business now because of the low milk prices. Anytime your fresh market milk is off, that’s going to affect our overall value. A good 2/3 of that billion-dollar decrease came from the dairy industry. The price was low the entire year, as opposed to the year before.”

Marilyn Kinoshita, agricultural commissioner, Tulare County

Marilyn Kinoshita, Tulare County Ag Commissioner

 

Thus far, the reported 2015 county crop reports in the Central Valley are down this year. “Fresno County, for instance, was down 6.5% off its record $7 billion in 2014,” Kinoshita said.

 

“It has a lot to do with low water deliveries in Fresno and Tulare Counties,” she continued. “The smaller the water deliveries, the more efficient those growers have to be with that water. Anytime you’re pumping water out of the ground, it’s terribly expensive,” she noted.

 

“Some of our growers have had to decide, ‘All right, I’ve got this much water; I’m going to keep those blocks alive and I’m going to push an older block that isn’t producing as well.’ The returns aren’t as good as some of the newer plantings,” said Kinoshita.

 

Despite all of that, Kinoshita said agriculture does sit at the head of the table in Tulare County. “Yes, and we need a successful Ag industry to thrive here,” she said.

 

To view a video of the interview, click HERE.

 

Tricia Stever Blattler, executive director of the Tulare County Farm Bureau, noted the crop report demonstrates the strength of the agricultural industry. “I think every year when this crop report comes out, it is always a testament to the resiliency of this industry. This industry takes hard knocks, gets knocked down, then steps right back up to the plate and keeps swinging,” Blattler said. “The agricultural sector has a lot of outside challenges that impact the number that we see reported every year.”

 

Tricia Stever Blattler

Tricia Stever Blattler, executive director , Tulare County Farm Bureau

Blattler acknowledged the crop value numbers do not reflect net revenue for growers. “It’s always really important for our listeners to know that the crop value is a gross revenue number. When our Ag Commissioner steps to the microphone and speaks to our Board of Supervisors about this report each year, she’s reflecting values that are attributed to all of the gross revenue, and it’s not only the field value,” Blattler said.

 

“That gross number reported each year also represents our packing houses, our milk processing facilities—the creameries, the butter plants—the packing shedsall those other parts of our industry that [create] value in our industry,” said Blattler.

 

Blattler noted up or down, it’s all about the resiliency of farmers. “The industry has its years that are really blockbuster and it has its years when it falls back and we see a reduction acreage. We see reductions in surface water deliveries. The drought is still certainly playing a significant role in the numbers we’re seeing,” she explained.

 

With regard to surface water, Tulare County is in a bit of a unique position. “As an Eastside county, some of our water deliveries are not as subject to the situation that the Westside is in. In the same sense, we have some significant cutbacks that have been attributed to the San Joaquin River’s restoration and the biological opinions in the Delta—all have had an impact on the Central San Joaquin Valley [water] deliveries regardless of whether you’re Eastside or Westside.

 

“Also, as the exchange contractors either take greater deliveries of water or give up water, that also impacts the amount available to Eastside growers here in Tulare County,” she said.

 

In summary, 2015 Tulare Crop Report covers more than 120 different commodities, 45 of which have a gross value in excess of $1 million. Although individual commodities may experience difficulties from year to year, Tulare County continues to produce high quality crops that provide food and fiber to more than 90 countries worldwide.


Featured photo: Tulare County 2015 Crop Report

2021-05-12T11:17:12-07:00August 31st, 2016|

BREAKING NEWS: Historic Monterey County Farmworker Safety Initiative

BREAKING NEWS

Ag Commissioner & Farmworker Advisory Committee Announce Historic Pesticide Initiative for Farmworker Safety

 

Monterey County Agricultural Commissioner, Eric Lauritzen and the Farmworker Advisory Committee, formed with the assistance of the Center for Community Advocacy (CCA), announced an historic initiative TODAY aimed at providing additional pesticide protections for farmworker safety. The initiative launches a pilot program with leading growers to enhance worker notification through warning signs when pesticides are used in the fields.

 

“California has the toughest farm pesticide restrictions in the nation, and Monterey County already imposes local rules that further protect farmworkers,” said Lauritzen at TODAY’s press conference. “But we are going to do even more to communicate our commitment to safety in the fields.”

 

“We are excited about this initiative that adds an additional element of protection for farmworkers by providing the time and date when it is safe to reenter the fields that require posting,” said Lauritzen. “Farmworkers are the backbone of Monterey County’s $4.8 billion Ag industry, and they are entitled to the highest standard of pesticide safety.”

 

Eric Lauritzen, Monterey County Ag Commissioner

Eric Lauritzen, Monterey County Ag Commissioner, speaking at Press Conference TODAY on Historic Farmworker Safety Initiative

Intended to protect farmworkers, the initiate “has created a relationship between our office, the regulators and the farm worker community,” said Lauritzen. “And it’s really building trust and confidence with our office and the regulatory program there to protect farmworkers,” noted Lauritzen.

 

Additionally, every farmworker in Monterey County (approximately 50,000) will receive a business-card-sized information card (in Spanish) advising them to call the Agricultural Commissioner’s Office if they suspect violations of safety rules. The cards also advise employers that it is illegal to retaliate against farmworkers who seek the help of the Agricultural Commissioner’s Office.

 

The information card reads:

If you have questions or complaints on pesticides, the Monterey County Agricultural Commissioner’s Office will help.

The card includes phone numbers and advises workers that state law also protects them against retaliation if they report a pesticide problem.

 

Currently, regulations for posting pesticide warning signs do not require information indicating the date or time when it is safe for farmworkers to re-enter the fields. The pilot program will include the addition of one sign that will be prominently marked with a red flag and include the date and time that the law allows workers to safely reenter the field. Only the grower or his/her officially designated representative may remove the signs, after first showing the crew leader proof that the re-entry restrictions have expired.

 

Osvaldo Cisneros, a lettuce worker and member of the Farmworker Advisory Committee, feels that the change is very important. “Some farmworkers have been showing up for work and have been told by their mayordomos (supervisors) to re-enter fields even though warning signs are still up,” said Cisneros. “They have to depend on the word of the mayordomos even though they have no way to verify what they are told. This change will allow farmworkers, themselves, to tell when it is safe to enter fields.”

 

The posting and information card initiatives were developed in cooperation with the Farmworker Advisory Committee, a group formed jointly by Lauritzen and the non-profit Center for Community Advocacy. “Many farmworkers are unaware of their right to a safe working environment,” said CCA Executive Director Juan Uranga. “That’s why it is important to provide farmworkers with the information they need to both protect themselves and also gain access to the agencies, like the Monterey County Agricultural Commissioner’s Office, that exist to protect them.”

 

A second member of the Farmworker Advisory Committee, Maria Elena Andrade, added: “It is important for our community to know that the Agricultural Commissioner’s Office exists to serve us, as well as the other parts of the agricultural industry. We are trying to create that message through the Farmworker Advisory Committee, even as we work with the Ag Commissioner and his staff to improve safety for farmworkers.”

 

Growers involved with the initiative include Sea Mist Farms, Tanimura & Antle, Bayview Farms, Scheid Vineyards and Costa Family Farms. Lauritzen recognized these leading growers for their, support, innovation and dedication in their effort to provide additional protections for farmworkers.

 

Lauritzen briefed officials at the state Department of Pesticide Regulation (DPR) on the pilot warning sign program and the information card campaign. DPR Director Brian Leahy praised the Monterey County initiative. “We all know that farmworkers are the most vulnerable population in terms of potential exposure to pesticides,” said Leahy. “When we protect farmworkers more effectively, we also enhance protection for the environment and the community at large. This initiative represents an important step forward for farmworker safety, and it underscores California’s leadership in environmental protection.”


Historic Note:

The accord reached two years ago between the Office of the Monterey County Agricultural Commissioner, the agency that oversees pesticide regulations and other worker safety matters, and the Center for Community Advocacy (CCA), a farmworker advocacy group, established the Farmworker Advisory Committee for the Office of the Agricultural Commissioner of Monterey County—the first of its kind in the State Of California.



 

2021-05-12T11:05:48-07:00August 29th, 2016|

CULTIVATING COMMON GROUND: Economic Analysis of Drought on California Agriculture

Editor’s note: We thank Aubrey Bettencourt for her contribution to California Ag Today’s CULTIVATING COMMON GROUND commenting on the report, “Economic Analysis of the 2016 Drought for California Agriculture,” released this week. Lead UC Davis author Josué Medellín-Azuara’s response can be read below. 

 

By Aubrey Bettencourt, executive director, California Water Alliance (CalWA)

 

Josué Medellín-Azuara, Duncan MacEwan, Richard E. Howitt, Daniel A. Sumner and Jay R. Lund of the UC Davis Center for Watershed Sciences, ERA Economics and the UC Agricultural Issues Center reported their views on the economic impact of California’s continuing drought on agriculture this week. The study, “Economic Analysis of the 2016 Drought For California Agriculture,” proved to be uncommonly riddled with errors, questionable metrics and inaccuracies; it’s a continuation of a disturbing recent trend.

CA Water Alliance logo

 

The authors claim that about 78,800 acres of land might be idled due to the drought, but a quick Google search shows a single water district that had more than 200,000 acres of fallowed land in 2016. There are more than a hundred other water districts throughout the state, and most are reporting idled acreage.

 

In another irrigation district in Yuba County, more than 100 agricultural users have been cut off entirely, leaving their nearly-mature crops and fruit and nut trees without water.   [North Yuba Water District (NYWD)]

 

This year the federal and state water projects announced they would provide agriculture with 55% of their water. Two months ago, they reduced the estimate to 5% south of the Delta, and they are struggling to even deliver that amount.

 

Across the state, water prices have increased dramatically, whether pumped from the ground or bought on the faltering water-exchange market. Water that costs less than $250 per acre foot in 2012 now costs up to $750 or more.

 

It doesn’t take a doctoral or economic degree to understand that when the price of water goes up, the cost to produce food also goes up. Farmers may be getting more money for the produce they grow, but they are watching their bottom line shrink because it costs more to grow it. Even water from their wells isn’t free; pumping takes energy, and energy costs money too.

 

Adding to rapidly increasing costs are the new minimum wage, capped work hours, and hundreds of regulatory mandates from the 80+ local, state, and federal agencies that oversee every aspect of California farming and bury farmers in paperwork and red tape. Compliance takes time away from growing food, and it costs money.

 

Take a look at rice farmers. Growing rice today is a losing proposition. After the labor, cost of rice plants, fuel, fertilizing, care, harvesting, drying and milling, growers pay substantially more to grow rice than they can charge for their crop. Many have converted rice paddies to other uses, and some sell their water or take money from federal agencies and conservation groups to create wildlife habitat in order to simply stay afloat. Some are selling off their land to developers, a lose-lose decision affecting everyone.

 

On main street, consumers are another group taking a second, alarmed look at their grocery, water and sewage bills. All are rising far faster than inflation. Whether you are talking about the price of fruit, bread and eggs or the cost of taking a shower, all have been increasing over the past five years because of the drought.

 

To really understand what’s happening, take a drive out of the city and into the countryside where your food is grown. Stop at a roadside produce stand or park your car and strike up a conversation with some ranchers and farmers in a small town cafe.

 

After you hear their stories, you may realize that almonds and pistachios are not as labor intensive as strawberries, tomatoes, cucumbers, grapes, beef, lamb or many others out of the nearly 450 crops grown in California. Some crops are thirstier than others, too. This doesn’t diminish the value of these fruits, nuts, vegetables, and proteins. The value of water is what it provides us: in this case, safe, local, and hopefully affordable food.

 

But commonsense interviews and case studies of actual operations — once the heart of any competent agricultural economic study — are virtually missing from the report’s statistical models built on university computers, research hypotheses and tables of statistics.

 

The drought has hurt California farmers, and it is hurting Californians wherever they live. Gross income may be up, but net profits are down, and the rate of decline hasn’t hit bottom yet. 


Aubrey Bettencourt is the executive director of the California Water Alliance (CalWA), a leading educational voice and authority on California water. CalWA advocates for the water needs of California families, cities, businesses, farmers and the environment.



Editor’s note: California Ag today thanks Josué Medellín-Azuara, senior researcher, UC Davis Center for Watershed Sciences, and lead author of “Economic Analysis of the 2016 Drought For California Agriculture,” published this week, for his response to several claims made by Aubrey Bettencourt (above).

UC Davis Center for Watershed Sciences
Josué Medellín-Azuara told California Ag Today, “I will not go over debating the comments which I very much welcome and respect, but I would like to provide some thoughts instead.”

 

1)  “Through remote sensing,” Medellín-Azuara said, “we estimated summer idle land in Westlands by the end of the irrigation season to have been 170K acres in 2011 and just above 270K acres in 2014,” based on NASA data. The difference can be explained by some drought effects and other conditions, according to Medellín-Azuara, “so idled land differences should be taken with a grain of salt. As a point of interest, most of the fallow land we estimated was on the Westside of the south San Joaquin Valley.”

 

2) In addition, Medellín-Azuara clarified, “My understanding is that there is a cost issue and a cutoff issue. We estimated about 150 TAF (Thousand Acre-Feet) of [water] shortage in the Sacramento Valley in our study. At current conditions for North Yuba Water District (NYWD) agriculture is no more than 3 TAF from my reading of the attached document. I am not saying the cutoffs are not hard for the more than a hundred users, but [I] also want to put numbers into perspective.”

 

3) “From what I’ve heard and read,” Medellín-Azuara stated, “the timing [of] more than quantity of the projected releases is unfortunate. One of the things we highly encourage in this and past reports is easing of low environmental impact water transfers among users.”
2021-05-12T11:05:48-07:00August 22nd, 2016|

UC Davis Researchers Point to Government as Culprit for Fallow Land

Government Policies—not Drought—Blamed for Fallow Land

 

By Patrick Cavanaugh

“Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed”¹ water deliveries.

Not even drought can be blamed for land fallowing due to lack of water deliveries to Central Valley federal water users.

 

Jason Peltier, manager of the Federal water district, San Luis and Delta-Mendota Water Authority, said, a UC Davis study released this week, “Economic Analysis of the 2016 Drought For California Agriculture,” has confirmed that failed government water policiesnot a lack of rainfall and snow pack—are responsible for the widespread water shortages and the fallowing of more than 300,000 acres of land in the federal water districts on the Westside of Fresno and Kings Counties.

San Luis & Delta-Mendota Water Authority

“It raises this question,” Peltier asked, “When do we get honest and start talking about the regulatory drought—the man-made drought, the policy-induced drought, the policy-directed drought? We can’t even have an honest conversation about that.”

 

 

“That our opponents want to deflect and obscure that whole conversation is telling,” he continued, “because we have a tremendous story of adverse economic impact as a result of failed policies. When they tried to protect the fish, they took our water away and they made the supply unreliable. ‘Just a huge failure and they don’t want to address it; they don’t want to deal with it. The same agencies are fixated with their false confidence or their false certainty, their false precision, in terms of how to help the fish.”

 

Peltier explained the regulators failed to deliver all of the 5% allocation [née water delivery reduced by 95%] to growers california drought fallow landin the federal water districts south of the Delta. “It’s nonsense,” he reiterated, that part of the insufficient 5% was never delivered this season. “It’s avoidance of the reality that the regulators have constricted the heck out of the water projects and made it so—even in wet years, and like this year, a normal to wet year—we’ve got huge amounts of land out of production,” Peltier said, adding that almond growers in the federal water districts are not getting a late, post-harvest irrigation, which can hurt next year’s production.


¹Inscription on the James Farley Post Office in New York City

2021-05-12T11:05:49-07:00August 19th, 2016|

Breaking News: The 5 Percenters May Not Receive All of Their Water Allocation

5 Percenters and Endangered Fish May Both Lose 

By Patrick Cavanaugh, Farm News Director

 

Will the 5 Percenters—the Federal water users in California who were restricted by a 95% water allocation reduction this year—actually receive the promised 5% allocation? This scenario follows a more-than-average winter rainfall and snowfall throughout the state.

Ryan Jacobsenexecutive director and CEO of the Fresno County Farm Bureau, said, “arguably it’s turned out to be much worse. Right now, for the initial 5% allocation to even be questionable right now is just absolutely insane. It all boils down to the amount of water being held up in Lake Shasta for fish purposes, which has put a major stranglehold on what’s happening down here at this point,” noted Jacobsen.

Central Valley Project (CVP) Water

Central Valley Project (CVP) Water

At Shasta Reservoir, a keystone reservoir of the Central Valley Project, the U.S. Bureau of Reclamation essentially discharged flood releases earlier this year just to make room for the water that was expected to come in.  Shasta now stands at a above average full for this time of year, because the Feds are holding all the water for release for salmon later.

This is part of the plan to have cold water available to release for the salmon. And Shasta actually has 30 percent more cold water than what they thought, and water leaders are pushing hard to get the Feds to release it for agriculture.

San Luis Reservoir dead pool

San Luis Reservoir at Dead Pool Status

And San Luis Reservoir is  at a dead-pool status, which insures no more water can be sent south from that reservoirDead pool means no more water can be drawn from San Luis Reservoir, which does not bode well.

Jacobsen said, “This means our federal contractors’ 5% is in question. And that’s the irony: we were looking at such a strong year—or at least an average year [of precipitation]—and ending up now where our meager water supply is in jeopardy. This is incomprehensible and inexcusable from the federal side.”

Shasta has both federal and state water, and the federal side is essentially nothing at this point, explained Jacobsen. “Farmers rely upon San Luis Reservoir water for July and August irrigation, “and the water is essentially gone at this point,” he said. “It just shows you the major mismanagement we’re seeing from the federal side and the inability to capture water even when it is available, and not at the demise of any of these species.”

Jacobsen reiterated, “Back when the precipitation was falling [last winter], water was available at some extraordinarily high levels; yet, we never saw the increase in pumping that we would have expected under the normal conditions. “Of course, we’ve seen less pumping this year for the farmers and the cities south of the Delta,” noted Jacobsen. “During the times of the rainfall this year, it was essentially excuse, after excuse, after excuse. Some newer excuses pertained to why the pumps were not operating or operating at a very reduced capacity,” explained Jacobsen.

“The situation has been frustrating for a couple of years, but the anger continues to build because right now, this is not a ‘Mother Nature’ issue. It is completely a man-made regulatory drought that is, again, just incompetency at its best.”

“When we talk about the water stored behind Shasta [Dam] right now, really it is for the fish,” noted Jacobsen. “The most-watched fishery, at this point, is the salmon fishery. We’re in year four of this drought, but when it comes to the critical side of fish, the salmon essentially operates in three-year cycles. The last two years have been arguably two of the worst years on record for them, and this potential third year is a kind of make-it-or-break-it for salmon fisheries in the Delta region.”

Unfortunately, per Jacobsen, many decisions have been based on guesstimates. “There are a lot of folks who think we need to reserve all of this cold water for a fishery that may or may not be responding to what has been done in the past for this [contracted irrigation] water that has been given up for those purposes,” Jacobsen explained. “Right now, I think we’re doing a lot of experiments at the cost of jobs and employment, and most importantly, the farms here in the San Joaquin Valley. The frustration is that science is really not playing a big part in it. A lot of decisions are just simply, ‘We think we should be doing this versus what the science actually says we should be doing.’”

Jacobsen’s leading frustration is that all that water taken from farmers and given to fish has not helped the fish at all. In fact, the smelt and salmon numbers continue to decline. “I talk about growing frustration and anger from so many folks in the last couple of years… specifically because it hasn’t made a difference,” said Jacobsen. “An exorbitant amount of water has been given up for these fisheries, [endangered fish populations] continue to decline and crash, and as we’ve been saying for years, it is beyond time to look at just the water exporters,” he added.

Jacobsen maintains other stressors should be seriously investigated. “Many other issues taken place in the Delta should be pulled into play here, but again the regulators and the environmentalists continue to look only at the exporters as the sole issue for fish decline. There are so many other factors out there that need to be looked at,” he said.


Highly recommenced reading: “We are the 5 percenters, stretching our water supplies to get by,” by Joe Del BosqueContributing writer, The Orange County Register, July 14, 2016.

2021-05-12T11:05:50-07:00August 3rd, 2016|

Duarte Nursery v. U.S. Army Corps of Engineers Update

PLF Attorney Reports Duarte Appeals Court Decision—Once Again

By Patrick Cavanaugh, Farm News Director

 

Damien Schiff, principal attorney at Pacific Legal Foundation (PLF) who has been representing the Duarte family in their legal battle with the U. S. Army Corps of Engineers (Corps), provided this update after Judge Kimberly J. Mueller, U.S. District Court for the Eastern District of California dismissed their summary judgment motions on June 10, 2016, and ruled the Corps’ February 23, 2013 cease and desist order did not deprive Duarte of liberty or property. Schiff said his client’s next course of action is filing for an appeal of the judgment.

“It’s disappointing, in particular, because earlier in the case, we had received a very favorable decision from U.S. District Judge Lawrence K. Karlton, the original Federal Judge assigned to our case who ruled in our favor on our due process challenge to the Army Corps’ cease and desist order.” Judge Karlton retired from the bench in 2014 and passed away in 2015. “It was particularly disappointing to see Judge Mueller reverse Judge Karlton’s decision.”

“Launching the appeals process will take some time,” Schiff explained. “Unfortunately, the case is complicated because there are a lot of claims going on and not all of them have been resolved by Judge Mueller’s decisions. The general rule in Federal Court is that you cannot appeal until a final decision has been made that decides all the claims against all the parties.”

Damien M. Schiff

Damien M. Schiff, Principal Attorney, Pacific Legal Foundation’s National Litigation Center

Considering the preponderance of hills and valleys across the United States, the magnitude of this case has growers—not just from California, but nationwide—concerned about the outcome and precedents resulting from this case, as well as the significance of future Army Corps-issued cease and assist orders.  “It is an amazing assertion of power by the United States Environmental Protection Agency (EPA) and the Corps,” Schiff said, “and I think that’s why we see not just farming groups and property rights groups, but also a majority of the states, challenging the Agency’s Waters of the U.S. (WOTUS) Rule.”

EPA Fact Sheet Clean Water Rule_Page_1A significant point of contention in the case, Schiff explained, stems from Judge Mueller’s ruling that because the Duarte property had not seen any farming activity since 1998, the Clean Water Act’s farming exemption was no longer applicable. “That’s, in part, why we challenged the cease and assist orders,” said Schiff, “because the Corps issued this directive without giving any prior notice, much less any opportunity to present contrary information. The reality is, this property, and the other properties in the entire area, have traditionally been used for agriculture, and are, in fact, zoned for agricultural use.” EPA Fact Sheet Clean Water Rule_Page_2

The Duarte case is so multifaceted,” Schiff said. “The land was always agricultural, and what was done on the property is consistent with normal agricultural farming practices; there is really nothing exceptional about what went on. What’s particularly problematic for the Corps here is that Duarte went above and beyond the call of duty by having a wetlands consultant ensure that all of the areas assessed to have vernal pool or wetlands characteristics were marked and avoided entirely.”

Whatever the outcome, the Duarte case will have far reaching effects on legal precedent throughout the agricultural community as well as on the cease and assist orders issued by the Army Corps to families throughout the country. “Surprisingly, there isn’t very much case law on what process, if any, is owed to the landowner before the agency issues these orders,” Schiff remarked. “However the Duarte case ends up, I think that will have to be litigated in other parts of the country.”

2021-05-12T11:05:50-07:00August 2nd, 2016|

Poultry Industry Doing Well, for Now

Poultry Industry Shines, Like a Canary in a Coal Mine

By Patrick Cavanaugh, Farm News Director

 

Bill Mattos, president of the California Poultry Federation, based in Modesto, reported the state’s poultry industry is doing well despite new regulations and wage increases. “First of all,” he explained, “it looks like chicken has taken over as the [category of] highest meat consumption now in the United States. It’s getting more and more popular, so that’s good,” Mattos noted.

“Also, the best thing is the industry seems to be weathering the Highly Pathogenic Avian Flu (HPAI) A (H5N1) storm,” he continued. “In California, we’re doing our due diligence with biosecurity. We don’t have any Avian Influenza. We’ll knock on wood for that.”

California Poultry Federation logo“The industry is also enjoying lower feed costs. That’s 60% of our cost, so that’s good news,” he added.

And, poultry industry employees have job security. “It doesn’t look like there will be fewer employees in the industry over the next few years, and we’d like to have more,” he said.

Notwithstanding the good news, challenges loom on the near horizon. “The Air Quality and Water Quality Control Boards are regulating a lot of different industries,” Mattos observed. “They’re starting to look at the poultry industry now that they have completed the dairy rules. We’re very concerned about those issues, so we are trying to work with the boards to explain to them what we do and how our business runs,” noted Mattos.

The updated minimum wage requirement may hurt the California poultry industry, another big concern of Mattos. “We supply half the chicken consumed in California. The other half comes from out of state. Without the same minimum wage requirements, we’re going to be at a disadvantage. We’re looking into the different possibilities—what we can do—to offset that.”

“You will be seeing some new things coming out from the poultry industry as we look at the ramifications of the new minimum wage,” explained Mattos. “We can’t compete with that. They are going to be taking a lot more percentage away from us, which may cost us some jobs if we don’t work this out.”

“With the minimum wage hike, California lawmakers are trying to appease workers. But it really affects businesses. Ours happen to be mostly in the Central Valley, which is the hardest-pressed area for unemployment. It isn’t a good place to have to follow wage requirements like you’re seeing in San Francisco and Los Angeles. It frankly makes no sense in the Central Valley,” said Mattos.

2021-05-12T11:17:13-07:00July 21st, 2016|

Breaking News: Contracted Contractual Water Deliveries Could Plummet

Breaking News: 

Promised Water Deliveries Could Plummet

Delta Smelt Among Many Reasons for Pumping Constraints

By Emily McKay Johnson, Associate Editor

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

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

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

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

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

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

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

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

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

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


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

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

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.

Finally by Victor Davis Hanson

– 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.

2016-08-09T15:32:36-07:00July 12th, 2016|
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