Modesto Irrigation District Offers Agreement Package in Lieu of Unimpaired Flows

Major Milestone Achieved in Continued Effort to advance Voluntary Agreements

Districts applaud Governor Newsom’s commitment to Voluntary Agreements

Today, the California Department of Fish and Wildlife and California Department of Water Resources submitted a package of voluntary agreements to the State Water Resources Control Board. The package

– supported by the Modesto Irrigation District, Turlock Irrigation District, City and County of San Francisco and more than 40 other water agencies, resource agencies and non-governmental environmental groups – is being offered as an alternative to the unimpaired flow paradigm adopted by the State Water Resources Control Board last December.

This historic step forward is the result Governor’s Newsom’s commitment to “cross the finish line on real agreements to save the Sacramento-San Joaquin Bay Delta” (State of the State, February 12, 2019). Under the leadership of Cal-EPA Secretary Blumenfeld and Natural Resources Agency Secretary Crowfoot, MID, TID, Sacramento Valley water users and non-governmental organizations finalized river-specific project descriptions and a planning agreement.

“Governor Newsom’s commitment to the voluntary agreement concept has been evident since the day he took office,” TID General Manager Casey Hashimoto said. “He’s dedicated significant amounts of his administration’s time and resources to work collaboratively with water users and environmental communities to advance the voluntary agreement framework that will serve as a durable and beneficial solution for all – our environment, our rivers, our water supply, and our communities.”

The agreement includes a proposed schedule and procedures for assisting the State Water Resources Control Board as it updates the Bay-Delta Plan. This includes the parties to the agreement – in coordination with the State Water Resources Control Board – conducting further analyses of the benefits and other effects of the project description. Work will continue throughout the year with a request that the State Water Board consider adoption of a comprehensive plan and proposed amendments consistent with the voluntary agreements by the end of this year.

The project descriptions and planning agreement submitted today integrate river flow and non-flow measures to establish water quality conditions that support the viability of native fisheries and achieve related objectives in the State Water Board’s Bay-Delta Plan.

The Tuolumne River project description included in the package will ensure water security and reliability, includes environmental improvements, are projected to enhance fish populations beyond what is projected in the State’s current plan and provides for timely implementation.

“We’ve done the science on the Tuolumne River; we’ve negotiated in good faith and now we’ve memorialized all of our work and progress to date,” MID General Manager Scott Furgerson said. “The Districts remain committed to advancing this historic water agreement as it is key to balancing the needs of our communities and our environmental resources.”

The full project descriptions and planning agreement can be viewed here.

 

 

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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.

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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.

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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.

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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.

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CULTIVATING COMMON GROUND: Water Use Efficiency Grants

Water Use Efficiency Grants: Beneficial or Double Jeopardy for California Farming? Or both?

 

By Patrick Cavanaugh, Farm News Director

 

Through a competitive joint pilot grant program, the Agricultural Water Use Efficiency and State Water Efficiency and Enhancement Program, the California Department of Water Resources (DWR) and the California Department of Food and Agriculture (CDFA) jointly intend to demonstrate the potential multiple benefits of conveyance enhancements combined with on-farm agricultural water use efficiency improvements and greenhouse gas reductions.

The grant funding provided in this joint program is intended to address multiple goals including:

  • Water use efficiency, conservation and reduction
  • Greenhouse Gas Emissions Reduction
  • Groundwater Protection, and
  • Sustainability of agricultural operations and food production
Agricultural Water Use Efficiency & State Water Efficiency and Enhancement Program – DWR/CDFA Joint RFP Public Workshops
Agricultural Water Use Efficiency & State Water Efficiency and Enhancement Program – DWR/CDFA Joint RFP Public Workshops

Are these competitive grants promoted by DWR and CDFA providing financial support for further compliance or insulting to farmers who have already met and exceeded these stockpiling regulations? Or both?

I would like to address each goal, one by one.

Water Use Efficiency

I challenge DWR and CDFA to find one California farmer who is using water inefficiently or without regard to conservation. Grant or no grant, many farmers in the state have lost most of their contracted surface water deliveries due to the Endangered Species Act, which serves to save endangered species, an important goal we all share, but does so at any cost.

In addition, DWR is now threatening to take 40 percent of the surface water from the Tuolumne River and other tributaries of the San Joaquin River from February 1 to June 30, every year, to increase flows to the Delta to help save the declining smelt and salmon. This will severely curtail water deliveries to the Modesto Irrigation District (MID) and Turlock Irrigation District (TID)—population centers as well as critical farm areas.

MID TID Joint LogoThis proposal, which disregards legal landowner water rights and human need, would force MID and TID to dedicate 40 percent of surface water flows during the defined time period every year, with no regulatory sunset, for beneficial fish and wildlife uses and salinity control. The proposal disregards other scientifically acknowledged stressors such as predatory nonnative non-native striped bass and largemouth bass, partially treated sewage from Delta cities, and, according to the Bay Delta Fish & Wildlife Office of the U.S. Fish & Wildlife Service Pacific Southwest Region, invasive organisms, exotic species of zooplankton and a voracious plankton-eating clam in the Delta from foreign ships that historically dumped their ballast in San Francisco waters.

While many farmers have fallowed their farmland, other farmers across the state have resorted to reliance on groundwater to keep their permanent crops (trees and vines) alive. The new DWR proposal to divert 40 percent of MID and TID surface water will force hundreds of growers in this region—the only groundwater basin in the Valley that is not yet critically overdrafted—to use more groundwater. 

In a joint statement, MID and TID said, “Our community has never faced a threat of this proportion. MID and TID have continued to fight for the water resource that was entrusted to us 129 years ago.”

The deadline for submitting public comments is September 30, 2016.

Greenhouse Gas Reduction

Have regulators forgotten Assembly Bill (AB) 32, the Global Warming Solutions Act of 2006, that requires the state to reduce its greenhouse gas emissions by 25 percent (back to 1990 levels) by 2050? Ag is already accommodating this regulation.

U.S. Greenhouse Gas Emissions (Source: EPA) https://www.epa.gov/ghgemissions/sources-greenhouse-gas-emissions
U.S. Greenhouse Gas Emissions (Source: EPA)

Now Governor Brown has signed SB-1383, “Short-lived climate pollutants: methane emissions: dairy and livestock: organic waste: landfills” into law that mandates a 25 percent reduction in methane emissions from cow burps, flatulence and manure from all dairy cows and other cattle to achieve the 1990 statewide greenhouse gas emissions level by 2020.

Now CDFA and DWR are asking for grant requests to reduce greenhouse emissions even further. Really?

The deadline for submitting public comments is September 30, 2016.

Groundwater Protection

Ironically, farmers want to reduce their groundwater needs because groundwater has always functioned in the state as a water savings bank for emergency use during droughts and not as a primary source of irrigation. But massive non-drought related federal and state surface water cutbacks have forced farmers to use more groundwater.

Golden State farmers are doing everything possible not to further elevate nitrates in their groundwater. Some nitrate findings left by farmers from generations ago are difficult to clean up.

But the DWR and CFA grant wants California agriculture to do more!

The deadline for submitting public comments is September 30, 2016.

Sustainability of Agricultural Operations and Food Production

Virtually, no one is more sustainable than a multi-generational farmer. Each year, family farmers improve their land in order to produce robust crops, maintain their livelihoods, enrich the soil for the long term, and fortify the health and safety of their agricultural legacy for future generations.

California farmers will continue to do all they can to improve irrigation methods and track their crop protection product use.

And so, I ask again, is this beneficial or double jeopardy for California farming? Or both?

The deadline for submitting public comments is September 30, 2016.

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