Commentary on Water Issues from Families Protecting The Valley

Unintended Consequences

By Families Protecting The Valley

As Californians endured the drought, they did an excellent job conserving water—maybe too good.  As the article below from Families Protecting The Valley explains, all the low flow toilets, all the 1-minute showers meant less water pushing waste through the sewers.  All that “resulted in corroded wastewater pipes and damaged equipment, and left sewage stagnating and neighborhoods stinking. Less wastewater, and thus more concentrated waste, also means higher costs to treat the sewage and less recycled water for such things as irrigating parks, replenishing groundwater or discharging treated flows to rivers to keep them vibrant for fish and wildlife.”

So now some water agencies are pushing for more outdoor conservation efforts rather than indoor to keep the wastewater flowing.  Adam Link, director of operations with the California Association of Sanitation Agencies asks the key question:  “At what point are you causing more harm than the benefit you are getting from saving those drops of water?”

Another major point we would point out is with the reduced VOLUME of water flows, it has created higher concentrations of pollutants per each gallon of water that gets discharged into the Bay-Delta. With low flow toilets’ rates at 1/2 or lower previous volumes and appliances using less water, all the pollutants that impact fish and people are at double or more on a per-gallon basis getting dumped into the Bay-Delta. Some permit to dump 180 million gallons of sewage water into the Bay-Delta, but the pollutant concentration is double or more.  This makes the pollution from sewage plants going to the delta that much more troubling.

Remember, in 2010, water authorities determined the Sacramento Regional Wastewater Treatment Plant “was discharging too many pollutants into the Sacramento River, threatening public health and harming aquatic life in the Sacrament-San Joaquin Delta.”  The water board found that high volumes of ammonia in the water were disrupting the food chain and endangering fish such as salmon and Delta smelt. Single-celled organisms posed health risks to people who came in contact with the river water.

Wastewater authorities were given until 2021 to remove the ammonia, giardia, and cryptosporidium which endanger fish and humans.  In the meantime, the pollutants keep coming and the policy of cutting off water for farmers is still the favored solution.

This is why farmers are so frustrated.  They see the wastewater situation as the real threat to endangered fish, but water the bureaucrats sole solution to Delta health problems is withholding water from farmers.

More Information at Familiesprotectingthevalley.com

Imperial Irrigation District Files Legal Brief in Abatti Case Appeal

IID Files Appeal of a Local Court’s Decision Challenging District’s Water Rights

News Release

On Friday, the Imperial Irrigation District filed a legal brief with California’s Fourth Appellate District Court in its appeal of a local court’s decision challenging the district’s water rights.

The appeal is in response to the August 2017 decision by an Imperial County Superior Court judge against the district that invalidated IID’s method of apportioning water, known as the Equitable Distribution Plan.

That judgement also encompassed other provisions of great concern to IID, including a fundamental misunderstanding of the nature of the water rights held by IID and other legal errors that could jeopardize the Imperial Valley’s historic water rights and restrict the district’s ability to provide reliable water supplies to all of its customers in the future.

In its combined reply and response brief, the district argues that IID “legally acquired and owns the water rights to the Colorado River water that it diverts and delivers to the Imperial Valley,” and that those rights are held by IID “in trust for its uses and purposes” under irrigation district law.

IID was therefore, “well within” its powers when it adopted the EDP to apportion water to all its water users.

“The outcome of this case will dictate the future of the Imperial Valley’s water rights and who controls them,” said IID Board President Erik Ortega. “For the IID, this case is about many things but none more important than protecting and managing this resource for the benefit of all water users.”

The IID Board of Directors is expected to address the brief in open session during its meeting next Tuesday.

More information about the suit can be found at:

https://www.iid.com/water/rules-and-regulations/equitable-distribution

California Farm Bureau Sues Water Board on Proposed Water Grab

Farm Bureau Sues to Block Flows Plan for Lower San Joaquin River

By David Kranz, Manager, Communications, California Farm Bureau Federation

A plan for lower San Joaquin River flows misrepresents and underestimates the harm it would cause to agricultural resources in the Central Valley, according to the California Farm Bureau Federation, which filed suit recently to block the plan.

Adopted last December by the State Water Resources Control Board, the plan would redirect 30 to 50 percent of “unimpaired flows” in three San Joaquin River tributaries—the Stanislaus, Tuolumne, and Merced rivers—in the name of increasing fish populations in the rivers. The flows plan would sharply reduce the amount of water available to irrigate crops in regions served by the rivers.

In its lawsuit, filed in Sacramento County Superior Court, the Farm Bureau said the flows plan would have “far-reaching environmental impacts to the agricultural landscape in the Central Valley,” and that those impacts had been “insufficiently analyzed, insufficiently avoided, and insufficiently mitigated” in the board’s final plan.Tuolumne River-Modesto Irrigation District

“The water board brushed off warnings about the significant damage its plan would cause to agricultural resources in the Central Valley, labeling it ‘unavoidable,’” CFBF President Jamie Johansson said. “But that damage can be avoided, by following a different approach that would be better for fish and people alike.”

The Farm Bureau lawsuit says the water board failed to consider reasonable alternatives to its flows-dominated approach, including non-flow measures such as predator control, food supply and habitat projects for protected fish, and said it ignored “overwhelming evidence” that ocean conditions, predation and lack of habitat—rather than river flows—have been chief contributors to reducing fish populations.

The water board’s analysis of impacts on agricultural resources “is inadequate in several respects,” the Farm Bureau said. The lawsuit says the board plan fails to appropriately analyze its impact on surface water supplies and, in turn, how cutting surface water would affect attempts to improve groundwater under the Sustainable Groundwater Management Act—all of which would cause direct, indirect, and cumulative effects on agricultural resources.

“California farmland is a significant environmental resource, providing food, farm products and jobs for people throughout the state, nation and world,” Johansson said. “Before cutting water to thousands of acres of farmland for dubious benefit, the state must do more to analyze alternatives that would avoid this environmental harm.”

The California Farm Bureau Federation works to protect family farms and ranches on behalf of nearly 36,000 members statewide and as part of a nationwide network of nearly 5.6 million Farm Bureau members.

Surface Water is the Key to SJV Farming Future

Water Projects Were Built to Deliver Surface Water to Farmers

By Patrick Cavanaugh, Editor

Water is always a concern while farming on the west side of the San Joaquin Valley. Daniel Hartwig is the resource manager of Huron-based Woolf Farming and Processing. The company is a multi-generation and multi-crop farming business. Hartwig explains how monitoring and being proactive helps them stay ahead of some of the water issues.

Like everybody, we’re concerned that there’s not going to be enough water to do everything we’re currently doing,” Hartwig said. I think we’re just waiting to see and trying to be proactive and get ahead of a lot of these water issues, but at the same time, we’re monitoring it and hopeful that there will be more surface water to make up for what we might be stopped from pumping.”

Not having surface water is a big problem on the west side.

The entire reason the California Aqueduct and other canals were built was to have surface water to mitigate against the issues they had back in the twenties, thirties, and forties. Back before there was surface water available,” Hartwig explained.water

Hartwig said he thinks that President Trump’s memorandum could be helpful.

“Anything that’s going to help give us water and allow it to be more reliable is very helpful. However, the issue is timing and … anything that’s going to take more time is more water loss, and that creates a struggle for all of us, he explained.

“Regarding pump drilling, there are always discussions going on, but I don’t think we’re at the point yet where we can make any of those decisions just because we don’t know for sure what’s … going to come down the pipeline,” Hartwig said. We’re evaluating, and we’re monitoring, and trying to be involved in these groundwater sustainability plan (GSP) discussions.”

Again, having surface water is the key to the future, noted Hartwig.

“The lack of surface water is a huge problem. I mean, we would not have to pump as much groundwater if we were able to get as much water as we are supposed to be receiving from the state and federal water projects,” Hartwig said.

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.

Water Board’s Water Grab From Rivers Will Impact Domestic Water

State Water Resources Control Board Plan is “Pseudo-Science”

By Jessica Theisman, Associate Editor

Over one thousand farmers and stakeholders gathered at the California state capital building in Sacramento in August to protest the California Water Resources Control Board’s recent proposed Water Grab.

Ronda Lucas, General Counsel with the Modesto Irrigation District, explained to California Ag Today that the water board’s plan would severely impact Modesto citizens.

Modesto Irrigation District provides surface drinking water to the city of Modesto.

“If you take away Modesto Irrigation District surface water, you take away the domestic water supply for the entire city of Modesto, and they did not consider any of that in there,” Lucas said.turlock irrigation canal

The California Water Resources Control Board seriously underestimated the impact that their water grab would have on surrounding communities.

“Their science is shaky at best; it’s pseudo-science frankly,” Lucas said.

Modesto Irrigation District has spent more than $25 million in studies for over a decade specifically on the Tuolumne River with their partner, Turlock Irrigation District.

“We have presented them with a plan that gives them more fish that is sustainable, that protects groundwater, that protects surface water, and that allows everybody to get better together. This is our river,” Lucas said.

Also, Don Pedro is one of the few reservoirs and facilities that has zero state funding. The residents of Turlock, Turlock Irrigation District, and the Modesto Irrigation District paid 100 percent with a little federal money with Army Corp to build that facility.

“Because of that foresight, the state is going to come and try and take it and it is not theirs to take and we cannot let it happen,” Lucas explained.

40 Percent Water Grab Continues to Be Big Concern

Growers Will Fight Back

By Jessica Theisman, Associate Editor

Recently, over one thousand farmers and other stakeholders attended a rally in Sacramento outside the capital building, protesting the California State Water Resources Control Board’s proposed Water Grab, which consists of over 40 percent of the water from Stanislaus, Tuolumne, and Merced rivers to increase flows for salmon. California Ag Today spoke with Ronda Lucas, General Counsel with the Modesto Irrigation District.

Unfortunately, the state does not need to pick this fight, but they are choosing to.

“In ignoring our science in the process, one of the major deficiencies of the plan is the state board’s refusal,” Lucas said.

Rhonda Lucas

Lucas would like the water board to be intellectually honest about the linkage and the impact this will have on groundwater.

“They simply say that we’ll just get more water. There is no more water,” she said.

California is not in a critical overdraft area.

“Our sub base in the Modesto subbasin is in better shape than many, but that’s because we’ve been such good stewards,” Lucas said.

This plan will destroy the health of the groundwater basin.

Lucas says that many communities in the area could be impacted heavily. Some communities’ sole water source is groundwater, and this plan will dry up their drinking water.

“There will be school children that don’t have the basic needs to live, and we know it. And we’ve told the state board that, and they don’t seem to care,” Lucas said.

The bigger problem that is not well known is that the state is trying to come in and run the dam operation long-term.

“If the state is in charge of Don Pedro and the running of our facilities, which we believe to be illegal, we do not know what they are going to do because they have not had a good track record thus far,” Lucas explained.

State Water Resources Control Board Grab for Salmon Will Impact Federal Water

Feds and State Usually Do Not Work Well Together

By Jessica Theisman, Associate Editor

California Ag Today continues our report on the recent water rally in Sacramento at the capital building. Farmers and stakeholders attended to protest the California State Water Resources Control Board Proposed Water Grab 40 percent of the water from the Stanislaus, Tuolumne, and Merced rivers redirected to increase flows for salmon.

U.S. representative for the 16th district Jim Costa explained how federal and state water projects would be drastically impeded.

There are distinctions between state and federal laws as relates to water. However, there are federal water projects. In this case, New Melones  Dam, a Federal Central Valley Water Project site, will be severely impacted, which could be a problem for the Water Board’s plan,” Costa said.  “With all of the challenges in water, none in the last 20 years have worked together between the Central Valley Water Project and the State Water Project.”

 Adam Gray, 21st district assemblymen representing Merced and Stanislaus counties, explained the fight with the water resources board over the years.

“For the six years I’ve been in the assembly, we have been fighting this fight with the state water board, and despite repeated concerns that we have raised, testimony that I provided and members of my community have provided, the state continues to ignore the concerns and the farmers are not happy,” Gray said. “We are going to raise our voices as loud as they need to be and talk to whoever we need to talk to to get a fair deal on this.”

“The irrigation districts have science-based plans that involve habitat restoration, water, rebuilding a river, and dealing with non-native predators,” he said. It is not going to be easy, and it is going to take sacrifice to make a fair deal. All they want to do is take, take, take, and it is all water with no consideration for those other things.”

Steve Malanca Voices Frustration Regarding Water Grab

More Water Storage is What is Needed

By Jessica Theisman, Associate Editor

At the capitol building in Sacramento, more than one thousand farmers and other stakeholders attended a big rally to protest the California State Water Resources Control Board’s proposed water grab of 40 percent of the water from the Stanislaus, Tuolumne, and Merced rivers to increase flows for salmon. California Ag Today met with Steve Malanca, co-founder of My Job Depends on Ag, as he explained the concerns for water storage.

“Being in western Fresno County at Ground Zero, where the water take has been going on for 30 years, we have continually asked for more storage,” he said.

Steve Malanca
Steve Malanca

The lack of surface delivery water and the lack of storage in the state of California is not good for anyone.

“The fish need water. The farms need water. We need fresh drinking water, and the problem continues to get worse with the amount of water we lose every winter out to the ocean,” Malanca said. “If that water could be saved and properly stored … this would generate more cold water for the salmon to live and spawn in. We just want them to know that we need help, but we need more water.”

U.S. Representative for the 16th district Jim Costa also attended the water rally and explained the devastating impact of the water restrictions.

“If there are 40 percent unimpeded flows were allowed to go through, it would have a devastating impact on those counties,” Costa said.

Jim Costa

California has reallocated water in the past and has not had very good results.

“What we have really got to do is talk about other proposals that take into account habitat, non-native predator species, non-point discharge and a balance that makes sense,” Costa said.