Friant Farmers Insist Lawmakers Hammer Out Water Solution

The passage and letter below from the Lower Tule and Pixley Irrigation Districts was released yesterday by Families Protecting the Valley. These districts are Friant contractors and key members of the Friant Water Authority. They are recommending a revision of the San Joaquin River Restoration program to accomplish a ‘live river’ but not decimate the farms and communities of the East Side that have relied on this surface water for decades.

This is a well written and courageous letter, and the directors listed on the correspondence and General Manager, Mr. Dan Vink, deserve praise. We implore the other Friant Water Authority contractors to quickly send a similar letter reflecting the same views, and vote to have the Friant Water Authority to do the same. This issue will be decided in two weeks after the federal legislators return from their recess.

It is rare when we in the Central Valley have an opportunity to be a part of the discussion especially when something positive is being discussed concerning our water use.

In addition to Friant contactors, other organizations (e.g., farm bureaus) that are involved in agriculture or are dependent on this water (e.g., cities, counties, chamber of commerce, etc.) need to also send in letters of support.

Several of our directors have been involved in this effort, and it is a long standing recommendation of FPV to do exactly what is recommended.

The Honorable Senator Dianne Feinstein

United States Senate

331 Hart Senate Office Building

Washington, D.C. 20515

The Honorable Congressman David Valadao

Washington, D.C. Office

1004 Longworth House Office Building

Washington, D.C. 20515

Re: Support for S. 2198 and HR 3964

Dear Senator Feinstein and Congressman Valadao,

The Boards of Directors of the Lower Tule River and Pixley Irrigation District wholeheardedly support S.2198(California Emergency Drought Relief Act of 2014) and HR3964(Sacramento-San Joaquin Valley Emergency Water Delivery Act). Specific to S.2198, we urge passage by the Senate immediately so these bills can be discussed in a joint process with Senate and House representatives.

More important than any of the words in these bills, we support, and insist you and your colleagues begin the process of rolling up your sleeves and working together to hammer out a balanced solution on California water issues. We are in a serious crisis and the partisan bickering, finger pointing blame game back home is doing nothing to solve the problems. It is nonsense and serves no purpose other than to divide the good people of the Valley. We urge you to rise above the petty noise and hammer out a solution. The water supply reductions we are facing this year are having devastating consequences made worse daily by the inaction of the agencies and Congress to find a balanced approach to distributing water throughout California.

We must have a reasonable set of export rules for the Delta. Our districts know the importance of this now more than ever. It is the failure to capture flows in the Delta that is directly causing a zero projected allocation for the Friant Division, on which we rely. The fish agencies and the courts have not been able to establish viable rules in the Delta, and the result is unmitigated disaster for agriculture in California. We expect the eventual drought bill to address this crucial issue in a real way in order to get water to California farms and stop the damage caused by wasteful use of water on fish programs that do not actually serve fish.

HR 2964 calls for a repeal of the San Joaquin River Settlement Act. We cannot unwind the clock and “do away with the Settlement” and anyone who advocates that position never completely understood the settlement issues in the first place. We agree with both of you when you have publicly said that Restoration has been difficult and expensive to implement and that it is time to reassess the plan(See, for example,Fresno Bee, March 8, 2014). The idea of restoring salmon to the San Joaquin in the timeline envisioned at the outset, and with the money it was projected to cost, was always a long shot. We all knew that Restoration was going to be an evolving plan – it is time for it to evolve.

We want to see a viable San Joaquin River for fish, farming and families. If we are going to get there, it is going to take all the parties coming to the table and dealing rationally with the facts on the ground. We welcome that opportunity and insist it is needed to protect the investment in time and money we have all made to date. Repeal is not an option, but reassessment is a requirement. If we are going to have a sustainable fishery program on the San Joaquin River and a vibrant farming economy in the Valley, we must begin the process.

Both of you have shown a willingness in the past to lead on this issue, and that is why we want to support both of your bills, despite having differences with some of their individual terms. We are confident the two of you working together will become a dynamic combination for us to follow once again. The pending release of Reclamation’s revised implementation plan for San Joaquin River Restoration should provide the framework for the discussion.

The impacts facing our collective constituents require we all work together to get legislation passed and changes made. Failure is not an option. Our Districts look forward to working with you and your colleagues to find common sense solutions to serve the interests of all Californians.

Thank You,

Gary Fernandes,  President, Lower Tule River Irrigation District

Frank Junio,  President,  Pixley Irrigation District

cc: Senator Barbara Boxer,  Congressman Devin Nunes , Congressman Jim Costa,  Congressman Tom McClintock,  Congressman Doug LaMalfa , Congressman Jared Huffman,  Friant Water Authority,  Westlands Water District , San Luis and Delta Mendota Water Users Authority , Exchange Contractors

Lower Tule Board : Gary Fernandes, President;  John Roeloffs, Vice President ; Jim Costa, Director ; Tom Barcellos, Director ; Alex Garcia, Director

Pixley Board : Frank Junio, President;  Russell Schott, Vice President;  Bill DeGroot, Director ; Randall Parreira, Director; Neal Westbrook, Director; Daniel G. Vink, General Manager;  Eric Limas, Business Manager ; Beth Grote-Lewis, Assessor;  Alex Peltzer, Legal Counsel

CALIFORNIA, OREGON SENATORS INTRODUCE DROUGHT RELIEF LEGISLATION

California Emergency Drought Relief Act Of 2014 Would Fund $300 Million For Drought-Relief And Assistance

Federal Agencies Mandated To Maximize, Expedite Drought-Relief Efforts

Senators Dianne Feinstein and Barbara Boxer (both D-Calif.) and Ron Wyden and Jeff Merkley (both D-Ore.) TODAY introduced the California Emergency Drought Relief Act of 2014, a bill to help California and Oregon farmers, businesses and communities suffering from historic drought conditions.

The legislation comes on the heels of weekend rain in California and Oregon and snow in the Sierra; nevertheless the drought, which could be worse than the historic dry conditions of 1976 and 1977, already threatens California’s $44.7 billion agriculture sector. Safe drinking water is also in danger of running out in at least 10 California communities.

In a press release, Senator Feinstein said: “This drought has the potential to devastate Western states, especially California, and Congress and the president must take swift action. This bill provides operational flexibility to increase water supplies and primes federal agencies to make the best use of any additional rain. With so little water available, we must focus on streamlining federal programs and provide what assistance we can to those farmers and communities being hit the hardest.”

Senator Boxer said: “Our bill will require all agencies to use their existing authority to help provide relief to communities hardest hit by this unprecedented drought and make investments to move and conserve water to help our entire state. The goal of this bill is to bring us together to address this crisis, rather than divide us.”

Senator Wyden said: “Drought is already hitting Southern Oregon farmers and ranchers in the Klamath Basin, with Klamath County issuing a drought declaration two months earlier than last year. This bill can provide sorely needed relief by making sure that agencies can send scarce water to the communities that need it the most.”

Senator Merkley said: “Even though the Willamette Valley was hit hard by snow over the weekend, Oregon is still experiencing a terrible drought, especially in Southern Oregon. Snowpack in the Klamath Basin is only 20% of normal. We need to start preparing now because water shortages are nearly inevitable. This bill will provide emergency funding for important drought-relief projects that will help conserve water where we can and make sure the water we have gets to where it’s needed most.”

Unlike the House bill, this Senate bill does not waive any federal or state law, but includes a range of provisions that require federal agencies use existing powers to maximize water supplies, reduce project review times and ensure water is directed to users whose need is greatest. The bill also provides $300 million in emergency funds to be used on a range of projects to maximize water supplies for farmers, consumers and municipalities and provide economic assistance.

Maintaining sufficient supplies of safe drinking water to meet minimum public health and safety needs is a top priority in the bill. One key grant program, the Emergency Community Water Assistance Grants, will receive $25 million for projects to increase the availability of drinking water.

Additionally, the bill prioritizes grant funding under EPA’s Drinking and Clean Water State Revolving Funds and the Bureau of Reclamation’s WaterSMART program for projects that boost drinking and municipal water supplies.

Westlands Water District issued a statement TODAY that it is encouraged by the California Emergency Drought Relief Act of 2014, and Westlands supports the passage of the legislation. “Water supply reductions resulting from extraordinary dry conditions have been exacerbated by the implementation in prior years of regulations imposed under federal law on the operations of the federal Central Valley Project (CVP) and the California State Water Project (SWP).”

The legislation introduced today would provide much needed relief for the public water agencies that receive water from these projects and for the people, farms, and businesses they serve.

The legislation mandates that federal agencies act with a sense of urgency and be as flexible as the law allows in order to minimize water supply reductions resulting from the application of those regulations. In particular, direction to manage reverse flow in Old and Middle Rivers, as prescribed by the 2008 biological opinion issued by the United States Fish and Wildlife Service, to minimize water supply reductions for the CVP and the SWP and direction to maintain a one-to- one inflow/export ratio during the period from April 1 through May 31 to enable voluntary water transfers and exchanges, have the potential of generating in excess of 500,000 acre-feet for public water agencies that receive water from the CVP and the SWP.

Through its work with Senator Feinstein and Senator Boxer, Westlands knows that they are genuinely interested in working with their colleagues in the House of Representatives to find a legislative solution to the chronic water supply shortages that have devastated the San Joaquin Valley and other regions of the State. The District looks forward to working with them and members of the House of Representatives to find common sense solutions that serve the interests of all Californians.

Key provisions in the bill:

•Provides federal authorization and orders the Interior and Commerce Departments to cooperate with a California Water Resources Board plan to keep the Delta Cross Channel Gates open as long as possible to allow more water to be delivered without endangering migrating salmon. This action is expected to save thousands of acre feet of water from upstream reservoirs each month this spring;

•Mandates that federal agencies use flexibility under existing law to maximize water supplies using Delta pumping. Under the Delta smelt biological opinion, which is required by the Endangered Species Act, pumping that results in “reverse flows” of water between -1,250 and -5,000 cubic-feet-per-second is permitted for the Old and Middle Rivers between December and June. This “reverse flow” occurs when the state and federal water pumps are turned on to draw water from the rivers into the South Delta for water users. The bill requires federal agencies to operate the pumps within this range to maximize water supplies while remaining consistent with the biological opinion and the Endangered Species Act;

•Directs the Department of the Interior to maintain in April and May a 1:1 “inflow-to-export ratio” for San Joaquin River flows that result from water transfers and exchanges. This means water districts willing to sell or trade surplus supplies to districts with less water can move 100 percent of that surplus water through the Delta instead of just a fraction. This will also allow greater water transfers if California receives additional rain.

•Amends the Stafford Act to provide additional individual emergency assistance for major droughts when a state of emergency declaration is made by the president;

•Authorizes additional expenditures above existing funding caps for the Reclamation States Emergency Drought Relief Act (from $90 million to $190 million) and the WaterSMART program (from $200 million to $250 million). These programs channel funds to water projects that can lead to increased water supplies;

•Prioritize WaterSMART grants to provide emergency water supplies to communities at risk of losing access to water sufficient to meet basic public health and safety needs; to prevent the loss of permanent crops; and to minimize economic damage caused by the drought;

•Mandates that the federal government issue final decisions for projects and operations that can provide additional water supply benefits within 10 days of a request from the state;

•Authorizes funding for federal agencies to develop other water sources, such as groundwater wells and water purchases, for Central Valley Project wildlife refuges so that surface water saved can be used for drinking water and crops;

•Authorizes water planning and management activities to reduce water use in the Klamath Basin;

•Extends the period during which water contractors can take deliveries of 2013 water from February 28 to April 15, allowing them more flexibility to manage their 2014 supplies; and

•Authorizes contractors facing economic hardship to delay federal fee payments related to water deliveries.

Funding increases for drought assistance programs:

•$100 million in emergency funds for Department of the Interior projects to rapidly increase water supplies;

•$100 million in emergency assistance for farmers to fund water conservation measures that protect lands and sensitive watersheds;

•$25 million to the Emergency Community Water Assistance Grants program for water conservation projects and to protect and upgrade water systems. These grants of up to $1 million are to complete projects that boost the availability and quality of drinking water, including in California communities at risk of running out of safe drinking water;

•$25 million for Pre-Disaster Mitigation Grants that fund community projects to reduce harmful effects of the drought;

•$25 million in grant funding for public and nonprofit institutions to provide emergency assistance to low-income migrant and seasonal farmworkers who are directly harmed by the drought;

•$25 million in grants for private forest landowners to carry out conservation measures in response to drought and wildlife risks; and

•Allows the Secretary of Agriculture to help cover losses caused by the drought through the Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish Program.

This bill is the product of a series of discussions and meetings with a wide range of federal and state departments and agencies that oversee water deliveries and economic assistance programs. Federal agencies consulted include the Bureau of Reclamation, the Fish and Wildlife Service, the National Marine Fisheries Service, the Federal Emergency Management Agency, the Environmental Protection Agency and the Department of Agriculture. State agencies include the California Resources Agency, the California Water Resources Control Board, the California Department of Water Resources and the California Department of Fish and Wildlife.

While California is the only state that has declared a statewide drought emergency, other states could benefit from this legislation. All 17 Western states covered by the Bureau of Reclamation could qualify for Department of the Interior water grants. In addition, states that have declared local drought emergencies could qualify for USDA emergency funding including Arkansas, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Louisiana, Mississippi, Nebraska, Nevada, New Mexico, Oklahoma, Oregon, Texas and Utah.

Experts say California’s two-year drought could be worse than the record drought of 1976 and 1977, resulting in the fallowing of more than half-a-million acres of farmland.

California precipitation data

•Rain and snow: Between Thursday and Sunday, the San Joaquin Valley saw average precipitation amounts less than one inch, while the Sacramento Valley received between two and three inches. Precipitation in the Northern Sierra between Friday and Monday was about seven inches, while the Southern Sierra saw more than three inches.

•According to the state, California would need to experience heavy rain and snow regularly between now and May to achieve average annual rain and snowfall, and even then the state would remain in drought conditions.

•Snowpack: Snowpack in the Sierra is well below average. As of February 10, the northern Sierra is at 19percent of normal for the date; the central Sierra is 36 percent of normal for the date and the southern Sierra is 26 percent of normal for the date. Statewide, snowpack is 29 percent of normal for the date.

Other California data

•Reservoirs: Storage in major reservoirs in California remains around one-third of capacity. As of February 9, Lake Shasta (California’s largest reservoir) and Lake Oroville (the State Water Project’s primary reservoir) were both at 37 percent of capacity. San Luis Reservoir, key for South-of-Delta contractors, was at 30 percent of capacity.

•Drinking water: As of the beginning of February, at least 10 communities are in danger of running out of drinking water in the next two months.

•Drought emergency and conservation: Governor Jerry Brown on January 17, as part of his emergency drought declaration, called for a 20 percent reduction in water use. And on January 31, for the first time ever, the state Department of Water Resources announced a projected allocation of zero.