Modesto Irrigation District Files Legal Action Against State Water Board

MID Lawsuit Challenges CA Water Board On Misguided Plan

News Release from Modesto Irrigation District

Modesto Irrigation District (MID) filed a lawsuit on Jan. 10 against the California State Water Resources Control Board in response to their vote to approve Phase 1 of the Bay-Delta Water Quality Control Plan.

MID’s lawsuit primarily challenges the State Water Board for failing to comply with both the United States and California Constitutions and the California Environmental Quality Act.

MID is among many parties—including our partners in the San Joaquin Tributaries Authority—who are pursuing independent legal action against the State Water Board.turlock irrigation canal

“The State Water Board misused its power to adopt a misguided and devastating plan,” said MID Board President Paul Campbell. “Given their current plan, we’re left with no choice but to pursue legal action. We must protect our more than 130-year old water rights, our water supplies, and the communities we serve.”

To balance the needs of our environment and customers, MID continues to advocate with our Tuolumne River partners for a durable solution composed of both flow and non-flow measures. Parallel to filing this lawsuit and consistent with the State Water Board’s direction, we’re working collaboratively to present a voluntary agreement for the State Water Board’s consideration in the coming months.

“Our voluntary agreement will ensure water security and reliability, includes environmental improvements, enhances fish populations far beyond what is projected in the state’s current plan and most importantly, guarantees timely implementation,” said MID Board Vice President John Mensinger. “Their plan threatens not only Central Valley ag and urban water users, but also the water supply of more than two million people living in the Bay Area.”

MID’s legal action reinforces our commitment to protect the environment, our customers, our region, and our water supply. For more information and to read MID’s full filing, visit www.mid.org.

EPA Blasts State’s Water Grab

EPA’s Acting Secretary Andrew Wheeler Visits The Valley With Congressman Denham

News Release Edited by Patrick Cavanaugh

Following his recent visit to the Valley, U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler sent a letter to the State Water Resources Control Board (SWRCB) in Sacramento, expressing concern over several aspects of the proposed Bay-Delta plan. A copy of the letter is available here.

In the letter, Wheeler questions the effectiveness of drastically increasing flows to improve native fish species when studies show several additional factors contribute to their dwindling populations—including predation from non-native species, which the Bay-Delta plan does not address.

“I’m pulling every available resource to stop the state’s dangerous water grab,” said U.S. Representative Jeff Denham (R-Turlock). “Both the Department of Interior and EPA have now directly weighed in against Sacramento’s plan to steal our water.”

Oakdale Irrigation District General Manager Steve Knell said: “Finally, EPA Administrator Wheeler’s letter has put common sense back on the table in addressing the State’s draconian Water Plan. Thank you Congressman Denham for your efforts in bringing Mr. Wheeler to our area to hear our concerns.”

“This State Water Plan will devastate water storage in our dams, drive river temperatures to lethal levels and destroy the very fish species we at the local level are trying to protect. Our rivers deserve better. We have the science to show this, we have provided it to the State, and they have ignored it. We continued to advocate that sending more water down the river and not addressing other stressors is not an answer, and the State has ignored that too.”

South San Joaquin Irrigation District General Manager Peter Rietkerk said: “On behalf of the South San Joaquin Irrigation District, I would like to thank you and your staff for bringing Acting EPA Administrator Andrew Wheeler to our region on October 11, 2018. The meeting was a success, and our message was clearly heard, evidenced by today’s letter from the EPA to the State Water Board. We’ve continued to lament the devastating impacts of State’s plan to local drinking and irrigation water supplies, and to protected fish species within our rivers, and it is great to know that the EPA has listened and will be looking for balance and accountability from the State Water Board if they choose to approve this outrageous plan.”

At Denham’s request, several key administration officials have visited the Central Valley and have been actively engaged in policies to fight Sacramento’s water grab and increase water storage for our farmers and residents. This is the latest result of many such actions.

On July 27, Bureau of Reclamation Commissioner Brenda Burman submitted a strongly worded comment expressing serious legal concerns with the latest Bay-Delta amendment. The comment followed a visit by U.S. Department of Interior (DOI) Secretary Ryan Zinke to our impacted reservoirs at request of Denham on July 20. Additionally, Zinke sent an internal memo to DOI agencies on August 17 requesting all Central Valley Project authorities be provided to him for disposal to combat the state’s plan.

Following Denham’s September 28 letter requesting executive action, the President signed a memorandum to bring more storage to the Valley and address hydroelectric relicensing at Don Pedro, requiring agencies to consider local plans like the Tuolumne River Management Plan developed by Modesto and Turlock Irrigation Districts. Denham previously released an animated video on NMFS Sacramento’s dangerous water grab.

As a follow-up to the presidential memorandum, Denham recently hosted a call with senior administration officials from the Bureau of Reclamation to discuss the details of the memorandum, next steps in the process, and allow irrigation districts and farm bureaus an opportunity to ask questions.

The president’s order supplements legislation authored by Denham to support innovative financing opportunities for water projects throughout the western United States. Denham’s New WATER Act (H.R. 434) passed and was signed into law as part of America’s Water Infrastructure Act of 2018 (WRDA). Eligible projects include new reservoirs, below ground storage projects, recycling and desalination projects. This legislation supports large projects like enlargement of Shasta Dam, construction of Sites Reservoir and Temperance Flat Dam, and expanding Los Vaqueros Reservoir.

First the Feds, Now The State Plans More Water Diversions From Farms

More Planned Water Diversions From Farms to Fish-Not Just by Federal, but Also State Officials

By Patrick Cavanaugh, Farm News Director

 

California’s State Water Resources Control Board (SWRCB), regulators and environmental organizations want more water diversions to flow into the San Francisco Bay Delta Watershed to help save the declining Delta Smelt and Salmon. They have targeted three tributaries of the lower San Joaquin River; one of which is the Tuolumne River. Phase 1 of the Bay-Delta Plan is a real threat to all Modesto Irrigation District (MID) and Turlock Irrigation District (TID) customers including ag, urban water, and electric.

Coalitions for a Sustainable Delta, water diversionsMichael Boccadoro a spokesperson for the Coalition for a Sustainable Delta, commented on the SWRCB: “They need to be pushed back. They need to be told no.” Boccadoro explained the water in question represents about 400,000 acre-feet taken from communities, businesses and farms. Ironically 400,000 acre-feet is roughly equivalent to the capacity of Hetch-Hetchy Reservoir (360,400 acre-feet) that funnels water, unabated, to San Francisco.

“This is only Phase One of the Boards’ decision,” said Boccadoro. “This is going to eventually encompass the Sacramento River; this is just the beginning. This isn’t by any stretch of the imagination the only potential impact agriculture would feel,” he said.

Boccadoro, like other people in the industry, cannot fathom why the SWRCB needs to take this water when it doesn’t seem to be doing anything beneficial for the endangered fish species. “This issue of continuing to take water that is providing no benefit—or no clear benefit—for fish, while we do nothing [to mitigate] the other stressors that are having a huge impact on the fish, has to stop,” Boccadoro said.

Boccadoro noted, “It looks like Governor Brown has it in for farmers. We have problems with groundwater and increasing water scarcity in the state, and the result of this [plan] would be increased groundwater pumping—until they tell us we can’t pump groundwater. At that point, they are basically telling us, ‘You can’t farm any more.'”

“It’s a huge problem, said Boccadoro. “For whatever reason, it appears that the Brown administration has declared war on California agriculture. Enough is enough. We need to push back hard against the Water Board’s decisions,” noted Boccadoro.

“This is as good a place to fight as any as I can think of,” Boccadoro explained. “We need to start the fight and continue the fight, which is the only way it’s ever going to be turned back. The regulators and environmental groups must address the other stressors [to the endangered species]. Taking water from agriculture has not corrected the problem.

In the meantime Boccadoro hopes the farmers are taking notice. “I sure hope they’re willing to come up here [to Sacramento] and demand that the state not take their water,” he said.