Dire Need for Temperance Flat

Temperance Flat Dam Could Minimize the Devastation of SGMA

By Jessica Theisman, Associate Editor

Mario Santoyo, Executive Director at San Joaquin Valley Water Infrastructure Authority, explained the dire need to build Temperance Flat Dam to California Ag Today recently, and the possible consequences if it is not built.

“With the new groundwater sustainability law coming into play, it is going to basically shut down a lot of farming,” he said.

If farmers cannot prove that they are replenishing the amount of groundwater as they are taking out, they are not going to be allowed to use the groundwater pumps.

“With the continuing extraction of our surface water by the environmental community and by governmental regulations, farming in the Central Valley is in for a world of hurts,” Santoyo said.

The Temperance Flat Dam would give the ability to manage the high run-off water that is otherwise lost into the ocean.

“We are losing millions and millions of acre-feet into the ocean that makes absolutely no sense to anyone,” Santoyo explained.

Temperance Flat would provide additional storage opportunities—up to an additional 1.2 million acre-feet—and will allow farmers to have carryover water from year to year. This will carry the farmers through the dry years, and it will give the allowance to stabilize the groundwater condition.

This dam needs funding from federal, state, and local water agencies.

“The JPA that we represent secured 171 million dollars, which is enough money to pay for the environmental paperwork and initiate the engineering,” Santoyo said.

The remainder of the funds has come in chunks from the federal government through the WIIN Act.

“The bulk of it will have to be the end users, the beneficiaries, i.e. the water agencies,” Santoyo said.

Right now, they are working on the process to evaluate the level of investment that they want to partake in.

“The way this project will work is multidimensional. But the key element will be storage management,” Santoyo said.

The investors would be buying chunks of storage cells in that reservoir to manage.

“In some cases, if you have a bad year in which you have water and others don’t, you’d be able to work something out with them,” Santoyo explained.

“Temperance Flat was a part of the focus when the WIN Act was being put together by Senator Feinstein and Congressman McCarthy,” Santoyo said.

The money allocated is enough to keep the project moving forward on an annual basis.

President Trump signed a memorandum a few months ago, however, Santoyo said, “Since I’ve been involved for a longer period of time, unfortunately, that memorandum that was signed in effect really didn’t do anything.”

Federal courts had already ruled previously that the biological opinions needed to be redone.

“All this memorandum did was just accelerate the study of it,” Santoyo explained.

A resolution on the Delta does not look like it will be here anytime soon.

“That’s why I think that if you have an opportunity to do something positive that doesn’t affect usage of the Delta water you should take it,” Santoyo said.

That’s what Temperance Flat does.

“Three billion dollars represents the full construction of the dam,” Santoyo said.This is the targeted budget for the dam. If the funds can be collected and in time, the dam will be fully operational by 2033.

Congressman McCarthy: Water Projects Needed Instead of High Speed Rail

McCarthy Introduces Legislation to Repurpose High-Speed Rail Funding to Water Infrastructure Projects

News Release

Congressman Kevin McCarthy introduced legislation recently that would repurpose recovered federal funding from the California High-Speed Rail project to critical water infrastructure projects in California and the West. McCarthy released the following statement on this legislation, H.R. 1600, the Repurposing Assets to Increase Long-term Water Availability and Yield (RAILWAY) Act:                                                                                   

“The California High-Speed Rail project is a boondoggle that California and American taxpayers must move on from. Since its inception, the project’s costs have ballooned while oversight and accountability within the California High-Speed Rail Authority has been nonexistent. Last month, Governor Newsom in his State of the State rightfully recognized these shortcomings and announced an end to the project as it was put to the voters.”

Congressman Kevin McCarthy

“The RAILWAY Act would end the Federal government’s involvement in this failed endeavor by repurposing up to $3.5 billion in recovered Federal funding for the California High-Speed Speed Rail project to water storage infrastructure projects as outlined in the bipartisan WIIN Act. Under the WIIN Act, five storage projects in California are advancing, and when completed, could provide 5 million acre-feet of additional water storage in our state. This is a far better use of taxpayer money that can address more important needs in our state.

 “California has experienced over five years of drought, and people across the state have felt the consequences, with entire communities on the brink of disaster due to lack of water. The RAILWAY Act would address this crisis head-on by providing significant funding for what California really needs: infrastructure projects that help our state capture and store water during wet years for use in dry ones. The RAILWAY Act builds on the success of the WIIN Act by continuing to increase California’s drought resiliency and helping ensure our communities, families, and farmers have access to life-sustaining water.” 

 Every Republican Member of the California Congressional Delegation joined McCarthy as cosponsors of the RAILWAY Act. Below are their quotes:

 “California farmers and families need a reliable water supply, not an extravagant high-speed rail line. This bill will redirect crucial funds and resources where they’re most needed—particularly in water infrastructure projects—to help ease the burden on Central Valley communities struggling through the water crisis.” –Congressman Devin Nunes (CA-22)

“The RAILWAY Act repurposes funding from the most wasteful project in California’s history and invests it into some of our most critical water storage projects. That’s a win for taxpayers and a win for California’s future. We know California experiences periods of droughts followed by periods of significant rainfall. The RAILWAY Act provides a common sense solution to this problem by building storage projects to capture more water in wet years in order to sustain California families and our economy through the dry years. Building water storage is long overdue. It’s time to stop watching water be diverted into the ocean and start acting to capture and store that water.” –Congressman Ken Calvert (CA-42)

“Years of drought in California brought entire cities within months of exhausting their water supplies. In extremely wet years, we have watched our dams spilling millions of acre feet of water to the ocean because of lack of storage. The infrastructure funding provided in the RAILWAY Act will begin to turn this tide in support of water abundance.” –Congressman Tom McClintock (CA-04)

“California’s high-speed rail project has been a very expensive disaster, with costs ballooning so much that voters are no longer getting anywhere close to what they were sold. I agree that all federal funding given to California for this project should be promptly returned and invested in commonsense projects people need, be it water storage or transportation. I have a bill, the High-Speed Refund Act, with a similar goal of reinvesting these funds into useful transportation infrastructure, such as widening Highway 70, three lanes for I-5, improving Highway 99 or 395, or many other real world projects that are actually useful to people in Northern California. Almost any type of infrastructure will be more beneficial and, one way or another, taxpayers deserve a stop to additional waste for this misguided pipedream of high-speed rail.”Congressman Doug LaMalfa (CA-01)

“The last major reservoir in California was built forty years ago. Since then, our population has grown significantly, and we’re ill-prepared to endure droughts. It’s time we take action to increase our water supply and modernize our water infrastructure. This bill makes good use of funds that were already going to be spent in California. I hope that Congress will pass this legislation quickly.” –Congressman Paul Cook (CA-08)

“Efficient water storage and management is California’s greatest need. The high-speed rail project is California’s greatest waste of time. The RAILWAY Act corrects this problem by implementing a common-sense plan to address a significant concern in our state by investing significant and critical resources to ensure we have water availability for the future. I am proud to be part of this effort and will continue working with my colleagues to lead on this important ongoing issue.”  –Congressman Duncan Hunter (CA-50)

Background

  • The Federal Railway Administration (FRA) made two grant awards to the California High-Speed Rail Authority for the High-Speed Rail (HSR) project totaling approximately $3.5 billion.
  • On February 12, the Governor of California, in his State of the State address summarized the reality that the HSR project costs too much, will take too long to build, and that “there simply isn’t a path to get from Sacramento to San Diego.”
  • On February 19, the FRA notified the California High-Speed Rail Authority it is de-obligating $929 million in unspent FRA grant funding for the HSR project after determining that the Authority “has materially failed to comply with the terms of the funding agreement and has failed to make reasonable progress on the HSR Project.”  The FRA also indicated it is “exploring all available legal options” to recover approximately $2.5 billion in Federal funds already expended on the HSR project.
  • To view the FRA letter click here.

The RAILWAY Act would accomplish three important things:

  • Ends the California High Speed Rail (HSR) Project: The RAILWAY Act would reflect reality and end Federal participation in the HSR project—consistent with the FRA notification of February 19—in the Central Valley and repurpose funds to critical water infrastructure projects.
  • Increases Drought Resiliency in California and the West: The RAILWAY Act would provide significant funding to the Water Infrastructure Improvements for the Nation (WIIN) Act program that the U.S. Department of the Interior (DOI) uses to design and construct various large-scale water infrastructure projects in California and the West, including expanding existing and building new reservoirs, thereby increasing drought resiliency in western states.
  • Helps Keep Federal Funds in California: By providing significant funding to the WIIN Act program that the DOI is using to advance the Shasta Dam and Reservoir Enlargement Project, the Sites Reservoir Storage Project, the Upper San Joaquin River Basin Storage Project, the Los Vaqueros Reservoir Phase 2 Expansion Project, and the Friant-Kern Canal subsidence correction project, all which are located in California, the RAILWAY Act would help ensure repurposed Federal funds remain in California to create jobs and build needed infrastructure.

The RAILWAY Act would also repurpose a portion of HSR project funds to the U.S. Department of Agriculture to award grants to projects designed to help small, rural communities by:

  • Developing new sources of water when residential wells run dry; and
  • Reducing or eliminating elevated nitrate levels in drinking water.

Agricultural Guestworker Act Won’t Help California

Proposed Legislation Long Way from What State Needs

By Joanne Lui, Associate Editor

Virginia Congressman Bob Goodlatte’s Agricultural Guestworker Act is moving forward for the full Ag Committee to consider it, but according to Paul Wenger, President of the California Farm Bureau Federation, it’s a long way from what California needs.

“They did something with the H2C proposal. It’s a long, long, long ways from what we need here in California. We’ve been very clear on that … with Kevin McCarthy’s office, being the leader of the Republicans and really our key architect for all things that go through the Legislature, and so we’re in constant contact with Congressman McCarthy,” Wenger said.

The ag leaders in California are pretty astounded that Congress is doing anything about labor.

“We’re glad we finally got something to discuss, but there’s a long ways to go,” Wenger explained. “As it’s written, as it came through the subcommittee, there’s really nothing there that would work for our employees here in California and give us the kind of flexibility that we need, but we need a vehicle to start the discussion. … Talking to Congressman [David] Valadao’s office, Jeff Denham and others on the Republican side because it’s really got to be led by the Republicans.”

“We  now need a lot more that will allow for some portability of our workforce, in order to get legal documentation for those folks that don’t have good documentation that are already here in our state working without touchback, because we know folks aren’t going to go back and stand in line for 20 years waiting for some kind of a work authorization.”

 

Paul Wenger: We Must Take Advantage of Signal to D.C.

California Farm Bureau Federation says Republican President, House and Senate are good news for California Ag

By Patrick Cavanaugh, Farm News Director

At the recent 98th Annual Meeting of the California Farm Bureau Federation (CFBF) there was definitely a positive buzz in the air regarding the recent election.

Walnut and almond grower and CFBF President Paul Wenger said agriculture should take quick advantage of what is an unexpected trifecta.

president of the California Farm Bureau Federation
Paul Wenger

“During the Bush administration, the Republicans controlled the house and the Senate and also the White House, and we didn’t quite get done the things that we want to get done, but I think there was a signal sent in this last election,” Wenger said.  “It surprised everybody. It surprised the Republicans, the Democrats, the Independents – everybody. The establishment. The non-establishment.”

Wenger said the industry has an opportunity to work with the incoming Trump Administration to actually get some things done. “I think the voters sent a very clear signal. We don’t want business as usual. We want to see things get done. People need jobs. People need to be able to not be held down by all this regulatory morasses out there, and so I think in the first 100 days and definitely within the first 14 months, it will make or break this administration,” Wenger said.

“We need to work together. We need to get moderate Democrats with the Republicans. We cannot allow … divisions within the Republican party. We’re lucky to have California Congressman and House Majority leader Kevin McCarthy in a very influential position,” Wenger said. “We have a great list of congressmen around the state – not only in the Republican but the Democrat side – to work together. So let’s solve some problems.”

Wenger noted that agriculture needs relief from the Environmental Protection Agency.

“I think one of the things that the Trump Administration wants to do through the Interior and the EPA is to get some relaxation or some equity in the Endangered Species Act,” Wenger said.

“The Endangered Species Act was put in under a Republican administration, but nobody thought it would be carried out to the extreme that it is. It’s a very immovable object. Let’s get some flexibility in this that gives mankind the same equal footing that we have for other species because we’re dependent upon that water,” Wenger said.  “We can have a healthy environment and a healthy economy and produce food, but so far, those doors have been slammed shut, and it’s only one way, and that’s the species way.”

The Trans Pacific Partnership Trade Agreement is another issue. “We’re going to have to work with the Trump Administration. He came out during the campaign, said he was against it. He said he was against NAFTA. We need these trade agreements,” Wenger said. “He said he was going to put up a wall, but the other day he said in that wall there’s going to be doors, so if we can work with this Trump Administration and make sure that we have an available legal workforce, that’s great, but Waters of the US (WOTUS) is dead in the first few days of his administration,” Wenger said. “This will be good for all farmers and ranchers across the country.”

WOTUS is a rule that was a 2015 ruling by EPA as part of the Clean Water Act, which says that the EPA as expanded agency over bodies of water and even low areas of ag land where water can settle. It has been met with lawsuits form many states, and major pushback by agriculture.

Wenger said that the Food Safety Modernization Act (FSMA) may also get another look.  “We think there’s a good potential that they’ll take another look at and make it more practical rather than this onerous rule that everybody’s trying to figure out,” Wenger said.  “Also, we think the estate tax is something that he’ll take a look at.”

“We’re excited to work with a new administration, see what we can forge in the first 100 days for sure, and at least in the first 14 months so that not only do we have a trifecta for the first two years of his administration, but the last two years too,” Wenger said.

 

Valadao Addresses Western Water Reliability

Valadao, California Republicans, Introduce Legislation to Improve Western Water Reliability

Today, Congressmen David G. Valadao (CA-21) introduced a bill to modernize water policies in California and throughout the entire Western United States with the support of the entire California Republican delegation, the Chairman of the House Natural Resources Committee, and Chairman of the Western Caucus.

 

H.R. 2898, the Western Water and American Food Security Act of 2015 aims to make more water available to families, farmers, and communities in California and bordering Western states. The dedication of vast quantities of water to protect certain species of fish listed under the Endangered Species Act (ESA) is a significant obstacle hindering water delivery in Central and Southern California. H.R. 2898, will require federal agencies to use current and reliable data when making regulatory decisions, which in turn will provide more water for communities in need.

Additionally, Rep. Valadao’s legislation will provide federal regulators with direction and flexibility to capture water during periods of greater precipitation, which can be used to increase California’s water supplies dramatically. Furthermore, the bill will cut red tape holding back major water storage projects that have been authorized for over a decade, which will aid the entire Western United States during dry years.

Congressman David Valadao (CA-21), the author of the legislation, said, “California’s drought has devastated communities throughout the Central Valley and now the consequences are extending throughout the country. Inaction will result in the collapse of our domestic food supply.” He continued, “Congress cannot make it rain but we can enact policies that expand our water infrastructure, allow for more water conveyance, and utilize legitimate science to ensure a reliable water supply for farmers and families.”

Majority Leader Kevin McCarthy (CA-23) stated, “The tragedy of the current drought is no longer isolated to California’s Central Valley, and its response must include tangible solutions that provide us the opportunity to pursue the California Dream. Today is an important step to helping restore the water our communities desperately need by more fully utilizing the most sophisticated water system in the world to quench the robust economic opportunity California families, farmers, workers, and businesses all need.”

“My western colleagues have worked hard to collaborate on a common sense bill that helps people,” stated Rep. Rob Bishop (R-UT), Chairman of the House Committee on Natural Resources. “Communities are suffering and we are putting forward a creative solution to address those needs. I look forward to working on a bipartisan basis in the House and Senate to move this legislation forward.”

“Having personally visited California’s Central Valley on this matter, I can attest to the dire situation facing California with the drought,” said Western Caucus Chairman and Natural Resources Vice-Chairman Cynthia Lummis (WY-at large). “This situation demands congressional action to tackle the man-made barriers that are needlessly choking off water supplies crucial not just for California jobs but for the food on American tables. I am pleased to work with my Californian colleagues to ensure we also seize this opportunity to address water issues west wide through water project permit streamlining, enhanced water storage, and protecting state-endowed water rights that are increasingly under attack at the federal level.”

“The water bill we are introducing today will help California families and businesses that are suffering in our ongoing drought,” said Rep. Ken Calvert (CA-42). “No legislation will magically end our drought, but by passing this bill, we can take a step in the right direction and work in a collaborative way to enact meaningful solutions. Our bill takes important steps that are the direct result of bipartisan and bicameral conversations, and I look forward to the continued engagement with my House colleagues as well as action from the Senate in the near future. Despite what opponents might say, our legislation does not gut – let alone modify – the Endangered Species Act. Rather, our bill ensures our critical water infrastructure is operated using sound science in order to prevent wasting precious water in ways that do not benefit listed species but come at a high cost to Californians.”

“California’s devastating drought is hurting our ag economy and food supply nationwide,” said Congressman Jeff Denham (CA-10). “This bill provides both the short- and long-term solutions that the Central Valley needs, beginning with more storage. It includes two pieces of legislation I’ve introduced to study and eliminate the threat of predator fish and to increase storage in New Melones Reservoir. We can’t keep waiting on the Senate or the President to get engaged and provide Californians with the solutions they need to survive.”

“This bill was designed to address the underlying causes of the drought in a pragmatic and bipartisan manner,” said Congressman Steve Knight (CA-25). “There is no simple answer to this problem. But California needs rational solutions, not more water rations.”

“This balanced legislation improves water access for Californians around the state by using improved science to time water deliveries, preserving water rights and moving forward on new surface storage facilities,”  said Congressman Doug LaMalfa (CA-01). It protects the most fundamental water rights of all, area of origin rights, ensuring that Northern Californians who live where our state’s water originates have access to it. Californians have spoken clearly in support of investment in new surface storage projects, and this measure fulfills the promise to voters by advancing projects that would generate over one million acre-feet of water, enough for eight million Californians. We’ll continue to refine this proposal as it moves through the process, but I am proud to cosponsor a bill that addresses both short- and long-term needs of all Californians and supports continued economic growth.”

“Droughts are nature’s fault; water shortages are our fault,” said Congressman Tom McClintock (CA-04). “For a generation, we have failed to build the facilities needed to store water from wet years to have it in dry ones and radical environmental laws have squandered the water we did store. Our water shortage is caused by a shortage of sensible water policy. This bill begins fixing that.”

Congressman Devin Nunes (CA-22) explained, “Facing an annual water deficit of 2.5 million acre-feet south of the Delta, the San Joaquin Valley urgently needs whatever relief it can get. And once again, the House of Representatives is taking action to assist our long-suffering communities. As this entirely preventable water crisis continues to ravage Valley farms and devastate our economy, I urge the Senate to finally begin supporting the House’s consistent efforts to roll back the disastrous government regulations that prioritize fish over families.”

Original cosponsors of Congressman Valadao’s legislation include Reps. Ken Calvert (CA-42), Paul Cook (CA-08), Jim Costa (CA-16), Jeff Denham (CA-10), Duncan Hunter (CA-50), Darrell E. Issa (CA-49), Stephen Knight (CA-25), Dough LaMalfa (CA-01), Kevin McCarthy (CA-23), Tom McClintock (CA-04), Devin Nunes (CA-22), Dana Rohrabacher (CA-48), Edward R. Royce (CA-39), Mimi Walters (CA-45), Mark E. Amodei (NV-02), Rodney Davis (IL-13), Mario Diaz-Balart (FL-25), Cresent Hardy (NV-04), David P. Joyce (OH-14), Cynthia M. Lummis (WY-AL), Dan Newhouse (WA-04), Michael K. Simpson (ID-02), Chris Stewart (UT-02), Scott Tipton (CO-03), and Ryan K. Zinke (MT-AL).

California Congressmembers Urge Water Board to Reverse Decision

California legislators in Washington, D.C., issued a bicameral, bipartisan letter TODAY requesting the State Water Resources Control Board (SWRCB) reverse last week’s decision of its Executive Director, Thomas Howard, to deny the joint Central Valley and State Water Projects’ request to more equitably share limited fresh water outflow into the Pacific Ocean.

Separately, Congressional House Majority Leader Kevin McCarthy issued the following explanation TODAY via Kyle Lombardi, his Legislative Director:

The U.S. Bureau of Reclamation and the California Department of Water Resources submitted a Temporary Urgency Change Petition (TUCP) to the California State Water Resources Control Board (the State Board) on January 23rd to revise certain standards in the Sacramento-San Joaquin River Delta to allow increased pumping to send more water, including from recent storms in the northern part of the state, to the Valley given the drought  crisis.

Unfortunately, the initial decision by the State Board’s executive director last week rejected the important part of the TUCP that would have allowed increased pumping because of concerns about impacts to smelt and salmon.  Congressman McCarthy strongly feels this was the wrong decision, particularly given Federal and state fish agencies (i.e. the U.S. Fish and Wildlife Service, National Marine Fisheries Service, and California Department of Fish and Wildlife) all supported the TUCP, including the provisions to allow increased pumping.

Accordingly, Representatives Kevin McCarthy, David G. Valadao, Devin Nunes, Ken Calvert, Jeff Denham, Jim Costa, and Senator Dianne Feinstein sent the letter below to State Water Board Chair Felicia Marcus demanding that the Water Board reverse their executive director’s decision and approve the TUCP in full to allow increased pumping. Here are a few passages:

Our constituents have told us that some do not even have water for basic necessities like cooking, drinking, and showering, and that some are abandoning their homes and moving out of State.

Many Central Valley towns have unemployment rates that are triple or quadruple that of the state average of 7 percent due to significantly reduced employment in the agricultural sector.

When five agencies – including three tasked with protecting fish – have already assessed and concurred that the export adjustment would not cause harms beyond those allowed under the most stringent statutes and biological opinions, we believe the Executive Director should not have rejected the agencies’ shared assessment and denied the export adjustment in the TUCP without a compelling rationale for taking such an extraordinary action.

We find the Executive Director’s reasons for denial unpersuasive and unsupported by the facts that have been carefully evaluated by five State and Federal agencies.

McCarthy encourages constituents to express similar support for the TUCP and increased pumping levels by contacting the Water Board via:

-Phone: 916-341-5616

-Email:  info@waterboards.ca.gov

-In person: Public Water Board Workshop at 9:00 a.m. Wednesday, February 18, 2015, in the Byron Sher Auditorium Joe Serna, Jr.-Cal/EPA Building, 1001 I Street, Second Floor, in Sacramento, CA.

For more information, email contact Majority Leader Kevin McCarthy at http://www.kevinmccarthy.house.gov/.Drought Congressional Ltr to SWRCB re TUCP 021115_Page_1 Drought Congressional Ltr to SWRCB re TUCP 021115_Page_2 Drought Congressional Ltr to SWRCB re TUCP 021115_Page_3 Drought Congressional Ltr to SWRCB re TUCP 021115_Page_4 Drought Congressional Ltr to SWRCB re TUCP 021115_Page_5 Drought Congressional Ltr to SWRCB re TUCP 021115_Page_6