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.

Groundwater Recharge at Terranova Ranch

Major Groundwater Recharge Program at Terranova Ranch Progresses

By Patrick Cavanaugh, Deputy Editor

Don Cameron, manager of Fresno County-based Terranova Ranch has been working with the Kings River Conservation District (KRCD) on a groundwater recharge plan for nearly 20 years to convey floodwaters from the Kings River across Terranova Ranch and other properties in the area. “It has been a long, hard, committed struggle,” said Cameron, “but in 2011, we got Natural Resources Conservation Service (NRCS) involved.

“Once we submitted our grant application to the California Department of Water Resources (DWR), they reviewed it and awarded us a $5 million grant, which really got the project off the ground,” said Cameron.

“We are in the third year of work with the grant and we are currently doing the environmental studies with California Environmental Quality Act (CEQA). We are still very much involved in the engineering phase and we are putting a lot of agreements together with all the neighboring agencies that we have to work with,” Cameron said.

Logistically, Terranova Ranch is in an ideal location to capture potential floodwaters from the Kings River. Adjacent to the North Fork of the Kings River where floodwaters move though the James Bypass to the Mendota Pool, Terranova Ranch, provides the operation a unique opportunity in terms of groundwater recharge.

“We are taking farmland that is in production, and when the floods come, we will direct floodwaters across that land and neighboring land, to recharge the groundwater in our fields,” said Cameron. “We have proven that we can recharge in existing vineyards and tree-crop orchards, as well as in tomato, onion and carrot fields before we plant. We can use the floodwater across our farmland so that we do not need a dedicated basin dug out just for a recharge.”

“We know we can recharge anywhere on our land,” explained Cameron. “We can even turn off our pumps and use the water on the land to irrigate, through our drip systems. There are a lot of different ways to attack the problem. We think this is the best fit for our area, and we hope to be successful in rebuilding our groundwater supply,” said Cameron.

“The plan is to dedicate about 250 acres of ground for recharge,” said Cameron. Low levies will be built around the land when floodwaters are anticipated. We may have crops planted on the fields,” but Cameron hopes to be able to predict floods prior to planting a crop. Nevertheless, Cameron said, “We will flood crops if we need to.”

When the fields are flooded, the water may be as much as 2 to 3 feet deep, or as little as six inches deep. But the goal is to keep the water continuously on those fields to continue the recharge.

And since this is a large project involving state money, CEQA must be involved. Cameron emphasized, “We want to be sure that there is no environmental damage to any possible endangered species anywhere near our farm or near the project we are doing. There are state and federal laws that we have to abide by and so we need to jump through those hoops to get the project approved to completion,” said Cameron.

“We have been working with the project for a long time and we think its time has come,” said Cameron. “We are in the fourth year of a drought now and there is a lot of interest in putting water underground now, rather than building dams. We think dams are necessary as part of the overall water storage for irrigation, but we need both aboveground and below-ground storage.”

Cameron contends this groundwater recharge plan could improve groundwater quantity and quality fairly quickly, and be implemented faster than trying to build a large dam in the state. “We want to do our part here,” he said. “We would hate to see all the floodwater flow by during flood periods. It’s smarter to capture those stormwater flows on the land and into the ground water reservoir. We think it’s a real win for the whole state,” he said, adding there has been a lot of interest in duplicating this type of project throughout the state.

Cameron noted the project is perfect for the Sustainable Groundwater Management Act, which went into effect Jan. 1, 2015. “We are going to be ahead of the game on this, which is where we want to be,” he said.

Yet, not fast enough. Though a sizeable El Niño may pound California this fall and winter, bringing potential floodwaters to many rivers, the paperwork for the Terranova Ranch recharge program will not be completed in time. Cameron and the KRCD have been pushing to complete the project, but the agencies that need to sign off are numerous, including:

  • California Department of Transportation (Caltrans) – because floodwaters will be moving to additional landowners east of 145.
  • Pacific Gas and Electric Company (PG&E) – because water will need to flow under a natural gas pipeline.
  • U.S. Army Corps of Engineers – because a major cement structure with gate valves must be in place for the floodwater to be extracted from by-pass. “This will essentially mean that the levies will be breached,” said Cameron.

Again, the floodwaters will be flowing north and to the east, to several landowners in the region. Cameron and KRCD have been doing all the setup for everyone, not just themselves. “We hope, in long term, to expand the recharge project to 16,000 acres,” said Cameron.

We are being lied to!

Assembly Member Patterson Accuses NRDC and Governor’s Office of Bias

By Laurie Greene, Editor

 

We are being lied to,” declared Jim Patterson, who represents the 23rd Assembly District in the California State Assembly since 2012, at his recent drought forum in Clovis.

“I have come to the conclusion there is a power structure led by the Natural Resources Defense Council (NRDC), the governor’s office and in the bureaucracies,” Patterson explained. “They are not telling us the truth. They do not abide by their own agreements, and they have a bias against the very water technology and the water systems that have made California a ‘Golden State’. They are biased against dams, reservoirs and conveyance, and every time I turn around, I find another example.”

Jim Patterson, California Assembly Member
Jim Patterson, California State Assembly Member

“We need to have regulatory relief from the State of California in order to build Temperance Flat (a proposed dam project on the San Joaquin River) and its conveyance systems and to build the improvements at Shasta Dam and Reservoir and at Sites Reservoir,” said Patterson.

“And yet,” he continued, “I know for a fact that we are not going to get that regulatory relief. Nevertheless, the governor and this legislature have given that very same regulatory relief to the Kings’ Basketball Stadium in Sacramento (Golden 1 Center) and to two big NFL football stadiums in the state.”

To build water saving and conveyance systems, Patterson expects to face a gauntlet of litigation from the NRDC. “Though we have tried over and over again, unsuccessfully, to get the California Environmental Quality Act (CEQA) reformed,” he stated, “the Democrats will do it for basketball and football, but they won’t do it for water. That demonstrates to me they are absolutely disingenuous.”Map_of_proposed_Temperance_Flat_Dam_and_reservoir

“Secondly, we were promised money in this budget for the Central California InterConnect,” Patterson said. “Putting an interconnect between the federal Central Valley Project (CVP), best illustrated by the Kings River and San Joaquin River Watersheds in the Central Valley, and the state’s California State Water Project (SWP), exemplified by the San Luis Reservoir system, is critically important. We need to connect those projects so we have water conveyance alternatives to improve water reliability and to save us from the kinds of hard decisions that we’ve had to reach now—to starve a portion of the Valley. Because we can’t get water between the two systems, the situation is real and dire.”

“The governor promised those of us who negotiated the bond the budget would include appropriations for the InterConnect,” Patterson reported. There is no such thing. It doesn’t exist, and it didn’t show up in this budget. The governor didn’t come through on his promises.”

“I have tried repeatedly to talk with the water bureaucracies—appointees of the governor—and ask how I could help them understand the importance of giving us back the water,” Patterson commented. “For example, the water behind Shasta Dam right now has been paid for and banked by our farmers. I’ve asked repeatedly, ‘Why can’t we get the InterConnect funded? You promised us that you would do that.’ I’ve asked, ‘What is it going to take for you to understand the importance of storage in the San Joaquin River Watershed?’ It’s like talking to a wall; I get no answer.”

“So, I have had to come to the conclusion that we’re being misled, and it’s on purpose,” he said. “I just don’t believe this governor anymore. That’s a sad conclusion to have to come to, but I think we are seeing a ‘behind-the-scenes hand of power’ called the NRDC, that runs the governor’s office and the state legislature.

When asked what concerned citizens can do, Patterson answered, “Today we heard a lot of passion. I think we need to turn that passion into significant efforts, politically and organizationally. We have to make a real nuisance of ourselves to the governor and to the legislature until they pay attention to us. I have learned in public life, as mayor and now in the legislature, that those people who stand up and are persistent and persuasive get heard. We have got to continue to step up in ever-increasing numbers and be heard.”

Sign of drought Westlands Water District Turnout“We also have win some elections,” he emphasized. “We are under a one party-dictatorial rule right now. And I would be saying this even if Republicans were the party in rule. Our founders believed there should be separated powers in government and people in office from all walks of life. These kinds of checks and balances get us to good policy for most people, most of the time.”

“You can’t do that in a dictatorship,” Patterson explained, “and that’s really what we have—one party that has all the levels of power and is using them all against us in Central California. And we’re seeing the result of it.”

Patterson tells other members of the legislature on the committees he serves, “You are literally putting a bait fish that striped bass are eating, ahead of the lives and the wellbeing of people and their property, and you’re blaming us for it. The reality is you’re making a drought that is bad into a drought that is a nightmare.”

“If this were to be compared, for example, to a forest fire,” Patterson conjectured, “and the firefighters were told by the governor, ‘Stop trying to save lives and stop trying to save property; go make sure you save that tree over there because there’s a spotted owl in it,’ people would very quickly tell the governor where to go and what to do.”