Grape Commission Awards Education Grants

Schools in the table grape growing regions of California’s San Joaquin and Coachella valleys are benefiting from grants awarded this academic year.

In total, 36 education grants worth up to $750 were awarded by the California Table Grape Commission on behalf of California’s table grape growers. The funded projects will be implemented in the current academic year and will reach over 4,000 students.

“California’s table grape growers have been supporting local education for years,” said Kathleen Nave, president of the commission. “This program is one of the ways table grape growers give back to the communities in which they live and work.”

Examples of the projects include raised garden boxes for children with special needs, inspiring youth through chess and music, programming robots, growing grapes, and modern microscopy and cell metabolism.

The Innovation in Teaching education grant program was created in 1993 to support innovative educational projects in the table grape growing regions of California’s San Joaquin and Coachella valleys.

For more information, go to www.grapesfromcalifornia.com/EducationGrants.php.

Patrick Cavanaugh2016-05-31T19:30:30-07:00February 17th, 2015|

Farmers protect citrus crop from freezing weather

By Steve Adler; Ag Alert

San Joaquin Valley citrus, which last year suffered multimillion-dollar losses due to freeze, escaped a similar fate at the turn of the new year, even though temperatures dropped to well below freezing.

The entire state felt the impact of a cold front that moved through California from Canada, and it was a particular concern in the citrus belt that extends north from Kern County to Madera County.

Cold temperatures prevailed throughout citrus-growing areas for six nights, prompting growers to activate their frost-protection measures. California Citrus Mutual said groves in Riverside, Kern, Tulare, Fresno and Madera counties all experienced temperatures dropping to 26-29 degrees for short durations.

CCM President Joel Nelsen said there could be “isolated areas of damage” to mandarin groves, particularly to trees and fruit farthest from wind machines, but he said any losses “should not affect volume or price significantly.”

The two primary citrus crops grown in the citrus belt are navel oranges and mandarins. Of the two, navels are more cold-tolerant and typically become vulnerable to frost only when temperatures drop below 28 degrees for several hours or for several nights in a row. Mandarins, on the other hand, can suffer freeze damage once temperatures dip below 32 degrees.

Any damaged fruit that won’t pass quality standards to go into the fresh market would go to processing, said Bob Blakely, CCM vice president.

The current citrus harvest began a few weeks ago, and an estimated 75 percent of the fruit remained on the trees when the cold weather began. Growers use wind machines or irrigation systems, or a combination of both, as frost-protection measures. By irrigating, growers can elevate the ground temperature slightly. Wind machines help to keep the air moving, breaking up pockets of cold air that can create problems.

Citrus Mutual estimated there are more than 22,000 wind machines throughout the citrus belt, most of which operate on propane. The organization estimated Monday that farmers had spent more than $16.5 million on frost-protection measures during the six-night freeze operation.

Given the drought situation, Nelsen said, most growers remained “very judicious” in using groundwater for frost protection.

“Our information is that pumping groundwater has been minimal,” he said.

One of the most water-starved areas is Terra Bella in Tulare County, where many farmers bought emergency water at high prices last summer to keep citrus trees from dying in the drought. Many of those growers have a little bit of that water left, and said they were using it to protect their groves from frost.

“On our farm, we bought some emergency water last summer and we still have some of that available to us until February,” said Roger Everett, a citrus grower in Terra Bella, “so we are using that water that we have left for frost protection. Growers who didn’t buy any of that water probably don’t have any water available for frost protection.”

Everett said it has been his experience that citrus trees are able to tolerate the cold fairly well, but the fruit can be vulnerable. Blakely of CCM agreed with that assessment.

“In California, it is typically a case of lost fruit rather than a killing of the trees,” he said. “Our conditions here in this state are such that in the wintertime we have enough cold temperatures where the trees can go into a quasi-dormancy, where they can withstand quite low temperatures before we have any damage to the fruiting wood.”

The freezing temperatures came just over a year from a December 2013 freeze that caused an estimated $441 million in citrus losses.

Consumer demand for navels has been quite good, bringing “decent” prices to farmers, Blakely said.

“Prices were higher a few weeks ago, but we are starting to see them come off a little bit. Consumer acceptance of the fruit has been very good and demand has remained steady. Movement in the domestic market last year was actually higher than it was in the previous year. In the wintertime, there really aren’t any other producing areas that are providing navel oranges to the United States. However, if there is an event that causes a reduction in the California crop, some of that market could possibly be taken up by some of the European mandarins,” he said.

San Joaquin Valley citrus wasn’t the only crop or region that faced potential crop losses due to the freezing weather. Temperatures of below 32 degrees were recorded in the Coachella Valley as well as the desert areas of the Imperial Valley and Yuma, Ariz. The cold temperatures caused some reported production losses to all varieties of lettuce as well as to spinach. As a result, customers might see some short-term shortages in the next couple weeks, farmers and shippers said.

The Coachella and Imperial valleys and the Yuma area produce about 90 percent of the nation’s winter vegetables. Cold weather slows plant growth and delays the daily harvest activity until the plants begin to thaw in late morning or early afternoon.

Patrick Cavanaugh2016-05-31T19:30:34-07:00January 12th, 2015|

California Water Cutbacks Are Not Saving Delta Smelt

U.S. Supreme Court to rule on ESA-mandated water curtailments to protect Delta Smelt regardless of the cost to humans and economy

A summary of the California Department of Fish and Wildlife (CDFW) Fall Midwater Trawl Survey (FMWT) reports the lowest index for Delta Smelt in the 48-year history of this survey. The FMWT is mandated by the Delta Smelt Biological Opinion for the coordinated operation of the Central Valley Project and the State Water Project.

Jason Peltier, Chief Deputy General Manager of the Westlands Water District, sees these results as the “latest evidence of a failed regulatory regime.”

The memorandum, sent from Steven Slater, CDFW Environmental Scientist, Region 3, to Scott Wilson, CDFW Regional Manager, Region 3, describes the Survey which annually measures the fall abundance of pelagic fish—fish which live neither near the bottom of oceans or lakes, nor near the surface, such as ocean coral reefs—since 1967. FMWT equipment and methods have remained consistent since the survey’s inception, which allows the indices to be compared across time.

According to the Memorandum, the FMWT annual abundance index is the sum of monthly indices from surveys conducted over the four months from September through December each year. During each monthly survey, one 12-minute oblique midwater trawl tow is conducted at each of 100 index stations used for index calculation and at an additional 22 non-index stations that provide enhanced distribution information.

The 2014 Delta Smelt index is 9, making it the lowest index in FMWT history. Delta Smelt abundance was highest in 1970 and has been consistently low since 2003, except in 2011.

Other fish also scored poorly. The 2014 age-0 Striped Bass index is 59, making it the third lowest index in FMWT history. Age-0 Striped Bass abundance was highest at the survey’s inception in 1967. The 2014 Longfin Smelt index is 16, making it the second lowest index in FMWT history. Longfin Smelt abundance was highest in 1967. The 2014 Threadfin Shad index is 282, which is the sixth lowest in FMWT history and the seventh in a series of very low abundance indices. Threadfin Shad abundance was highest in 1997. The 2014 American Shad index is 278, which is the second lowest in FMWT history and only slightly higher than the 2008 index of 271. American Shad abundance was highest in 2003. (Figures 2 through 6, below, illustrate these indices.)

In, “Delta smelt legal battle heads to Supreme Court,” published Wednesday in the LA Times, reporter David Savage, stated, “The delta smelt may be a small fish with a short life, but it has spawned a decades-long legal battle over water in California. At issue has been a series of orders under the Endangered Species Act that at times reduce water deliveries from the Sacramento-San Joaquin River Delta to San Joaquin Valley growers and urban Southern California.”

Citing the severe state drought, the article reports that the Metropolitan Water District of Southern California attorneys are asking the U.S. Supreme Court to reconsider a strict federal rule from the 1970s that calls for curtailing the water diversions to protect the threatened delta smelt and other imperiled species regardless of the cost to humans and the economy.”

Lawyers for the Natural Resources Defense Council (NRDC) and U.S. Solicitor Gen. Donald Verrilli Jr. urged the court to turn down the appeals, the article states, saying the 9th Circuit was correct in saying Fish and Wildlife officials must take reasonable steps to protect an endangered species, regardless of the economic effect.

Kate Poole, an NRDC attorney, said the water agencies have “a long history of exaggerating the impacts “of protecting endangered fish in the delta, including Chinook salmon,” per the LA Times. “The underlying problem in California is that our demand for water consistently exceeds our supply, even in non-drought years,” she said. “Wiping out our native fisheries will not solve this problem.”

In response to the NRDC comments, the California Farm Water Coalition electronically published the following Today:

Kate Poole’s remarks, that farmers have exaggerated the impacts of ESA-based water supply cuts, would be insulting to the thousands of farmers, farmworkers, and local business owners who face not just bankruptcy, but the loss of their way of life. Hundreds of thousands of acres of farmland have been permanently fallowed. Farmers have switched to higher value crops to justify higher costs for reduced water supplies. Farmworkers have moved away, seeking employment because of job losses in communities like Firebaugh, Mendota and Huron.”

Communities were developed on the faith that was placed in the federal government to keep its promise to deliver reliable supplies of water through the Delta. While the impacts of reduced water supplies seem insignificant to the lobbyists and lawyers from the kinds of powerful environmental organizations represented by Poole, for those whose very livelihoods are dependent on this water it is a constant struggle.

Patrick Cavanaugh2016-08-03T21:02:07-07:00January 9th, 2015|

Storm flows lead to challenges for water system

By Kate Campbell; Ag Alert

After enduring three of the driest years in state history, nothing could be more heartening to farmers and ranchers than the steady march of Pacific storms that reached California this month. But good news is tempered by the knowledge that a few strong downpours don’t translate into full reservoirs and abundant supplies — and the storms revived concern about how state and federal water systems manage storm flows in a drought year.

The state’s reservoirs stand at about 57 percent of average, slightly below this time a year ago and well below full capacity.

“We’ve had years past where rain and snow didn’t continue into the New Year,” said State Climatologist Mike Anderson, pointing to the moisture cutoff last January that assured shortages for farmers who rely on surface water deliveries from the state and federal water projects.

“So far this year, precipitation levels depend on where you are—north of a Bay Area-Tahoe line, precipitation is above average, but in the south, levels are actually below average,” Anderson said. “In addition, there’s also below-average snowpack across the entire Sierra Nevada.”

He said most of the storms so far this water year, which began Oct. 1, have been warm, meaning snow accumulations aren’t building the way water managers hope. Sierra snowpack currently is about 50 percent of average, he said.

While December storms dropped significant precipitation, the California Farm Water Coalition noted last week that many of the state’s agricultural customers in the federal Central Valley Project worry that this year’s zero deliveries of surface water will be repeated in 2015.

“In the last few weeks, hundreds of thousands of acre-feet of water were in the system at the same time delta pumps were almost completely shut down,” coalition Executive Director Mike Wade said.

As these storms have come in, Wade said the water storage situation is similar to what was seen a year ago—except the state’s reservoirs are now lower.

“It’s very frustrating to watch water flowing through the system without being captured,” he said. “We have constraints in the delta that hold down the amount of water we catch to the bare minimum because of protections for delta smelt.”

During the height of the stormwater pulse moving through the Sacramento-San Joaquin Delta last week, he said, less than 10 percent of the surge was captured for storage and use next summer.

The state Department of Water Resources and U.S. Bureau of Reclamation, in conjunction with the U.S. Fish and Wildlife Service, said last week they are experimenting with pumping reductions to prevent a “turbidity bridge” from occurring in the central and south delta. Delta smelt are attracted to turbid, or cloudy, water because it makes the tiny organisms it feeds on more visible and provides shelter from potential predators, such as non-native bass.

DWR described the strategy this way: “Forgoing the capture of tens of thousands of acre-feet of water may allow water project operators to avoid the loss of hundreds of thousands of acre-feet of water supply later in the winter.”

A spokeswoman for the Bureau of Reclamation, Erin Curtis, said the storms present challenges in operating the system “to balance the critical need to quickly increase water supplies south of the delta while being cautious to not trigger environmental restrictions that could constrain delta operations and ultimately reduce the overall supplies.”

Representatives of agricultural water users said they’ll be closely watching the results of the operational change.

“It will be interesting to see if this is a worthwhile new operating principle at the beginning of each season,” said Chris Scheuring, an environmental attorney for the California Farm Bureau Federation. “The downside is that it might turn out to be a waste of water.”

“Clearly there is risk associated with a decision like this,” Wade said. “We hope the risk pays off.”

Fresno County farmer Dan Errotabere said due to the “turbidity bridge” theory and the lack of water transfer from the delta into storage, there’s serious concern about water supply management on the part of San Joaquin Valley farmers who rely on the state and federal projects for water deliveries during the growing season.

“Managing water during a drought is critical,” Errotabere said, noting that he fallowed 1,200 acres this year. “We’re losing opportunities now and, if the available supplies aren’t managed to capture available water to the fullest extent, we may not see a water allocation for the next crop year.”

He said he’s grateful for recent rainfall that helped reduce the need for irrigation of his winter garlic and wheat crops. The rain also helps leach salt, which has built up in the soil due to the region’s widespread use of drip irrigation and saltier groundwater.

“We’ve got to get off the groundwater because of its lower quality,” said Errotabere, who is vice chairman of the CFBF Water Advisory Committee, “and we need legislation to make sure good-quality irrigation water is put into storage. The rainy days are slipping away and we may find there’s no more available water to capture.”

Vince Dykzeul, a diversified grower from Modesto, urged creation of new water storage to help water managers respond to the ebb and flow of storms.

“If it’s true the climate is changing,” Dykzeul said, “if we’re going to have larger storms and longer droughts, then we need more water in storage to respond to these changing conditions. Water storage increases system flexibility and, if done right, everybody wins from having more water available.”

He noted that his farming operation is particularly vulnerable to flooding.

“Without adequate infrastructure to control storm waters, that’s when we have trouble,” Dykzeul said. “Nobody wants to talk about managing flood while managing through a drought, but I know the benefit of keeping both sides of the coin in mind.”

Federal weather forecasters said last week they expect continued average to above-average rainfall across California during the next three months, predicting an easing—but not an end—to the severe drought of the past several years. There’s also a 65 percent chance of weak El Niño conditions developing in the Pacific Ocean, which could influence winter precipitation, although experts say “anomalies” in climate patterns create forecast uncertainties.

“It’s not likely the drought will be broken this year,” said Steve Baxter, a National Oceanic and Atmospheric Administration forecaster. “But it’s likely (California drought) conditions will improve.”

Patrick Cavanaugh2016-05-31T19:32:09-07:00December 30th, 2014|

CCGGA and WAPA Not Happy with Abrupt Ending of Water Negotiations

What Happened is Unknown, But Ending Water Negotiations In a Year Like This is Unconscionable

On Friday, California Cotton Ginners and Growers Associations (CCGGA)/Western Agricultural Processors Association (WAPA) President /CEO Roger Isom reacted to the withdrawal of water negotiations on federal drought legislation by stating:

Roger A. Isom, CCGGA/WAPA President/CEO

It is unconscionable to walk away from talks at this point in time. In a year where hundreds of thousands of acres of productive farmland received zero surface water, this delay is unacceptable. Thousands of acres lay fallow and productive orchards were ripped out – this is unacceptable.

The jobs that are associated with this acreage go far beyond the individual farmer and his family. It affects farm workers and their families, the fuel delivery personnel and their families, the custom harvesters and their families, the bankers and their families, the insurance companies and their families, the equipment dealers and their families. The list goes on and one thing remains the same. The lack of water is devastating. There are cities in the San Joaquin Valley that are without water for even the basic necessities. This is not a time when politics should come before the needs of the people.

While we applaud the bipartisanship that went into the serious negotiations that were undertaken, the fact remains that there will be no legislation this year. Despite assurances that this will be taken up early in the next session it is simply too late. Another planting season will have gone by. Without a miracle winter, more acreage will be removed. Consequently, more farmworkers will be laid off or simply not hired. There will be even less work for the fuel suppliers, harvesters, banks, chemical supply companies, equipment dealers, and others that rely upon a viable agricultural industry.

We don’t know what happened or why the negotiations were discontinued, but it doesn’t matter. Simply put, something has to be done to provide more water at these critical times. Farmers have done their part by investing billions converting irrigation systems to automated, high-efficiency, low water use systems, such as buried drip on cotton. It’s time for Congress to do theirs.“

The California Cotton Ginners and Growers Associations are trade organizations representing cotton growers and cotton gins throughout California. The Western Agricultural Processors Association is a trade organization representing tree nut hullers and processors of almonds, pecans, pistachios and walnuts. All three organizations are operated and managed in the same offices in Fresno, California.

Patrick Cavanaugh2016-05-31T19:32:14-07:00November 24th, 2014|

Westlands Water District Corrects LA Times Errors with Full Page Ad

LA Times Wrongly Attacks Westlands and Refuses OP ED Correction

The Los Angeles Times recently published an intensely critical article about Westlands Water District, which recited many of the false, misleading, or outdated claims made by some of our critics over the years. The Times’ editors refused to print an Op-Ed that the District offered in response. And so the District has taken out a full-page advertisement in the Times TODAY to provide readers with a better understanding of the issues facing Westlands and how we are addressing them. A copy of the advertisement is attached.

I wanted to let you know immediately about this action.

Tom Birmingham

General Manager of Westlands Water District

Westlands’ LA Times Ad

A Little Straight Talk About Agriculture,Saving Water and Drainage

Statement from Don Peracchi, President of Westlands Water District

Source: Westlands Water District (wwd.ca.gov)

As the largest public irrigation district in the United States, Westlands Water District draws a lot of attention as well as the criticism that sometimes comes with its successes. This year, one of its most persistent critics, George Miller, is retiring after 40 years in Congress, and to mark the occasion, the Times’ recently unpacked a trunkload of his oft-repeated complaints and concerns about the District.

Some parts of this catalog identify serious issues that were long ago resolved. Others involve legitimate problems which we are still trying to address. And, like many things involving California water, a few are pure, political invention.

The article’s fundamental charge is that Westlands is simply “in the wrong place.” One might make the same complaint about dredging natural marshes in California’s Delta to grow crops in the middle of a saline estuary. Or attack the folly of installing vast farms on the desert lands of the Coachella and Imperial valleys. Or stranger still, decry building a great city on the arid plain where Los Angeles now stands. The point is, these endeavors and dozens more helped to create the prosperity of California by linking our communities together with a modern water system.

The reality is that Westlands is in the ideal place. Indeed, the Central Valley of California occupies the only Mediterranean climate in North America. Weather conditions, rich soils, and the arrival of water in the mid-1960s, have transformed the area into the most productive farming region in America. The communities that have grown there as a result, the thousands of businesses and tens of thousands of people whose livelihoods depend upon agricultural productivity, are not “in the wrong place.” They are at home.

The most persistent criticism of Westlands’ role in this transformation has to do with the influence of “corporate agriculture.” That may remain a concern for some parts of California, but not in Westlands or any of the other farming region served by the federal Central Valley Project. When Westlands was created in 1952, major industrial interests, including Standard Oil of California and Southern Pacific Railroad, did indeed own large tracts of land within its water service area.

But that ended in 1982 with the passage of Congressman Miller’s Reclamation Reform Act. That act redefined the qualifications for receiving water from a federal reclamation project; as a result, large corporate entities sold out, the large tracts were broken up, and today in Westlands there are nearly 2,250 landowners and the average farm size is 710 acres. “Corporate agriculture” has lost its meaning. Any corporate structure for today’s family farmers in Westlands is likely to have a mom as its vice president and her child as its treasurer.

Water use remains a constant concern for our farmers. That’s why farmers in Westlands have invested more than $1 billion in water saving techniques and technology. Indeed, even Westlands’ harshest critics have acknowledged that the men and women who today farm in Westlands are among the most efficient users of irrigation water in the world. Westlands is a leader in water conservation, and agricultural experts from all over the world come to the District to learn how its farmers are able to accomplish so much with the limited, and often uncertain, water supplies they have to work with.

Our interest in water use efficiency has become even more important in the 22 years since Congressman Miller’s Central Valley Project Improvement Act, and a host of new regulatory restrictions redirected more than a third of the water that cities and farms used to receive from the federal project, dedicating it instead to serve a wide range of new environmental purposes. Today, on an annual basis, the federal project manages more than 1.5 million acre-feet of water for fishery flow, waterfowl habitat, to protect listed species, and other environmental uses.

In hopes of restoring reliability to the water system as a whole, Westlands is working with the Metropolitan Water District of Southern California and other public water agencies throughout the state to support Governor Brown‘s Bay Delta Conservation Plan.

Drainage was a major issue on the westside of the San Joaquin Valley for decades before Westlands’ creation. That is why when Congress authorized the construction of the San Luis Unit of the Central Valley Project, it mandated that the Bureau of Reclamation provide Westlands with both a water supply and a drainage system. Initially federal officials planned to dispose of the drain water in the Delta. But Congress stopped that project when the drain being built by Reclamation reached Kesterson, and it was Washington as well that decided to designate this new terminus for agricultural waste as a wildlife refuge.

The resulting biological catastrophe should have been predictable. In the years since, the drainage system in Westlands has been plugged, and not a drop of drain water has left Westlands after 1986. Instead, Westlands has helped to fund the development of new methods for recycling drain water. And it has taken nearly 100,000 acres of the most vulnerable farmland out of production. Some of those lands are being converted to solar power development, with the support of numerous environmental organizations.

The drainage problem, however, persists. Federal courts, including the Ninth Circuit Court of Appeals, have repeatedly ordered that federal officials fulfill their obligation to provide drainage. But even though Westlands farmers pay every year for drainage service, the government has done nothing to resolve the problem in Westlands. And the government is facing a mandatory injunction, which it estimates will cost more than $2.7 billion to satisfy.

To avoid that cost, the government approached Westlands to assume the responsibility to manage drainage water within its boundaries. In addition, Westlands would compensate those landowners who have been damaged by the government’s failure to act. As part of a settlement, which is not yet final, Westlands would receive some financial consideration, albeit significantly less than the cost of performing the obligations that Westlands would assume. But there is nothing secret about either the negotiations or the proposed settlement. In fact, federal officials and Westlands have briefed interested Members of Congress and non-governmental organizations on the proposal. And there is no process that is more public than the process that federal officials and Westlands will have to pursue to obtain the congressional authorization needed to implement the proposed settlement.

We remain hopeful that these ideas can still form the basis for a long-term resolution of the drainage debate. This would put an end to more than fifty years of litigation, relieve the federal taxpayers of a substantial obligation, and enable us to move forward with an environmentally sustainable approach to the problem.

Whether that happy outcome would also put an end to the criticism of Westlands, however, is not for us to say.

Don Peracchi was born in Fresno, California to second generation Northern Italian immigrants. His family has lived and worked in Central California over 100 years. He has been farming since 1982 alongside his wife, two sons and daughter in Westlands. He has been involved in career-related board positions including banking, insurance, agriculture and water. He currently is the Board
President of Westlands Water District.

Patrick Cavanaugh2016-05-31T19:32:16-07:00November 9th, 2014|

Pacific Legal Foundation Appeals to U.S. Supreme Court Over Water Cutbacks Based on Delta Smelt Biological Opinion

On behalf of San Joaquin Valley almond, walnut, and pistachio growers, Pacific Legal Foundation (PLF) filed an appeal TODAY, asking the U.S. Supreme Court to review a Ninth Circuit decision this past March that upheld the Delta smelt “biological opinion” — an Endangered Species Act regulation that has caused devastating water cutbacks in Central and Southern California, worsening the effects of the current drought.

PLF’s petition for certiorari asks the High Court to reconsider — and reverse — the controversial precedent on which the Ninth Circuit relied: the Supreme Court’s 1978 decision in TVA v. Hill, which gives a blank check for onerous species regulations, “whatever the cost.”

PLF’s appeal: Regulators broke their own rules by ignoring economic impacts

Listed as “threatened” under the ESA, the smelt is a three-inch fish in the Sacramento-San Joaquin Delta. In a controversial strategy to help the smelt, regulations under the 2008 “biop” send vast quantities of fresh water directly to the ocean — instead of storing it behind dams or pumping south for use in cities and towns and on farms. However, the smelt hasn’t improved — but the economy has suffered, with even more severe effects as the natural drought has set in.

PLF has been battling the Delta smelt water cutbacks for many years, and once before sought Supreme Court review, in our separate challenge based on the Commerce Clause.

PLF’s current case is based on the fact that the U.S. Fish and Wildlife Service violated its own regulations in drafting the Delta smelt biop. Specifically, the biop’s drafters ignored the potential harms — even though they were supposed to take economic considerations into account.

Damien M. Schiff, Principal Attorney, Pacific Legal Foundation’s National Litigation Center

“Under the U.S. Fish and Wildlife Service’s own rules, officials must consider economic impacts of proposed ESA regulations,” said PLF Principal Attorney Damien Schiff. “But with the smelt biop they bypassed this requirement. We’re asking the Supreme Court to call them out for not making good on their legal duty — and on their duty to the public interest.

“The economic impacts that regulators ignored have been tremendous — and tremendously negative,” Schiff continued. “Even before the drought, pumping restrictions fallowed hundreds of thousands of acres of farmland, contributing to unemployment of 40 percent in some rural communities. In Southern California, we saw what amounts to a Delta smelt tax, with water rates hiked by 17 percent or more in some areas.

“The biop has also worsened the impacts of the drought,” he added. “It reduced the amount of water that was stored when we had ample rainfall and should have been saving for the dry times.”

PLF asks Supreme Court to help drought-stricken Californiaby rejecting the Delta smelt biop — and the “anti-human” TVA v. Hill

In 2010, then-U.S. District Court Judge Oliver W. Wanger, of Fresno, struck down the Delta smelt biop, holding that it had been drafted “arbitrarily and capriciously,” with “sloppy science and uni-directional prescriptions that ignore California’s water needs.”

However, this past March, a divided Ninth Circuit panel reversed Wanger’s order that the biop be rewritten. Although the Ninth Circuit acknowledged that the biop is a “chaotic document,” poorly reasoned and written, the court cited TVA v. Hill in upholding it.

“The Ninth Circuit’s ruling was another example of the anti-human bias of TVA v. Hill and its staggering assertion that species protection takes absolute precedence over all other considerations,” said Schiff. “As California suffers a third year of drought, we are asking the Supreme Court for relief from illegal regulatory cutbacks on water — and from the pernicious judicial precedent that is used to justify them.

“TVA’s indifference to the welfare of human beings was a misreading of the Endangered Species Act from the first, but it’s more incorrect than ever today,” Schiff said. “Ironically, the Ninth Circuit’s decision undercuts Congress’ attempts to temper TVA’s extremism. Congress added a framework to the ESA requiring ‘reasonable and prudent alternative[s]’ when protecting species. The FWS’s rule for considering economic impacts furthers this purpose of bringing balance to the process. Yet the Ninth Circuit has permitted the agency to violate that rule and ignore the devastating impact of water cutbacks on families, farms, businesses, and the California economy.

“In recent years the U.S. Supreme Court has begun to back away from TVA,” Schiff noted. “The Delta smelt case offers the court an opportunity to help drought-scorched California — and to finally overturn this radical and harmful precedent.”

PLF represents Central Valley farmers

In all of PLF’s legal efforts against the Delta smelt regulations, PLF attorneys represent three farms in California’s San Joaquin Valley that have been seriously affected, since 2008, by the water cutbacks: Stewart & Jasper Orchards (an almond and walnut farm); Arroyo Farms (an almond farm); and King Pistachio Grove (a pistachio farm). PLF represents the clients in this case — as in all our cases — free of charge.

The case is Stewart & Jasper Orchards v. Jewell. PLF’s petition for certiorari, a video, a blog post, and a podcast, are available at: www.pacificlegal.org.

About Pacific Legal Foundation

Donor-supported Pacific Legal Foundation (www.pacificlegal.org) is a nonprofit public interest watchdog organization that litigates for limited government, property rights, and a balanced approach to environmental regulation, in courts across the country. PLF represents all clients free of charge.

Patrick Cavanaugh2018-04-23T12:23:43-07:00October 1st, 2014|

Food donations underscore drought impact

By Kate Campbell; Ag Alert

Central Valley farmers and businesses donated and shipped about 30 tons of fresh fruits, vegetables and nuts last week to help address food shortages at California food banks. A newly organized grassroots coalition, “California Water Feeds Our Communities,” was joined by the California Community Food Bank, Westlands Water District, the California Water Alliance and El Agua Es Asunto De Todos to bring valley-grown produce to those in need across the state.

Fresno County farmer Bill Diedrich said the impact of fallowing hundreds of thousands of acres of irrigated cropland in the San Joaquin Valley this year translates into significant economic losses for the valley’s small farming communities.

“It’s the people—and the communities that depend on agricultural production—that are getting hurt,” Diedrich said at a news conference in Fresno to announce the donations. “For example, the schools are being hurt. If people are moving on, there’s no reimbursement for (school) attendance and the children of those families who’ve stayed are losing out. Besides the school districts, cities and counties also are being affected and their ability to help in this crisis is reduced.”

Diedrich said that when he drives through the valley’s small towns, he sees workers standing around idle, “because there’s so much fallowed ground there isn’t the normal demand for labor. We’re looking at a disaster and we’re hoping for regulatory relief,” noting that Congress will be considering drought-relief bills in coming weeks.

Kym Dildine with Fresno-based Community Food Bank said one in four people in Fresno, Kings, Madera, Kern and Tulare counties copes with food insecurity, a situation made worse by the ongoing drought.

Prior to the drought, she said the agency was serving about 220,000 people a month. With the drought, that number has increased by another 30,000 people a month in the five-county area.

“Every food bank we’ve spoken to is really grateful to be receiving an entire truckload of fresh produce grown right here in the valley,” she said. “Because less fruit is available, they’re having a harder time accessing it.”

To help address the problem, 15 trucks were loaded with boxes of fresh produce at Simonian Fruit Co. in Fowler before heading to food banks in Fresno, Merced, Bakersfield, Los Angeles, Watsonville, Salinas, Santa Maria, Oxnard, Riverside and San Diego.

“The food we grow here extends far and wide,” said Gayle Holman of the Westlands Water District. “In fact, most people don’t even realize the food they may be eating in other parts of the state, or across the United States, actually originates here.”

The Fresno County Farm Bureau, along with many valley farms and businesses, supported the food donation effort, as did irrigation districts and service groups such as the Girl Scouts of Central California-South and the Fresno Area Hispanic Chamber of Commerce, as well as California State University, Fresno.

Participants said the coalition hopes not only to bring attention to the impact of the drought and how far-reaching it is, but also to set the stage for future food donation drives as the crisis deepens during the winter. Diedrich said the effort also brings attention to the fact that an unreliable water supply jeopardizes everyone’s food security.

“The drought has impacted California’s food banks because they can no longer adapt to the spike in food prices resulting from a lack of water for farmers,” said Cannon Michael, president of Los Banos-based Bowles Farming Co. “This campaign has been launched to feed the needy and raise awareness about how the drought hurts the most vulnerable people in the state.”

Drought-related land fallowing brings “many unintended consequences,” Michael said.

“We hope raising awareness about the drought will bring all stakeholders together to find short- and long-term solutions,” he said.

Westside farmer Sarah Woolf said the coalition will continue to support food banks.

“This was just one small aspect of how we’re trying to help,” she said.

When the U.S. Bureau of Reclamation announced a zero water allocation for farm customers south of the Sacramento-San Joaquin Delta, Mendota Mayor Robert Silva said his community knew it was facing “a terrible situation.” But he said the city learned from the drought in 2009 and immediately began preparing.

“We got service agencies and utilities to come in and set up assistance programs right away,” Silva said. “We’ve added recreational opportunities for our youth to keep them busy and we’ve been finding ways to support our schools.”

In 2009, Silva said water shortages led to severe social problems such as domestic violence and higher school dropout rates that might have been eased with adequate social services. The unemployment rate in Mendota today is in the range of 35 percent, he said, compared to 50 percent at the same time in 2009.

“Unemployment is still high, but not as bad as we feared,” Silva said. “But we’re not out of danger yet. I understand it’s going to be a short growing season this year, harvest is nearly over, and that means more people will be unemployed for a longer time. We haven’t seen the worst yet.”

He said Mendota residents have been planning ahead and “trying to get the resources they’ll need to get by until they can go back to work next year,” and more agencies are prepared to help.

“But it’s going to be a long winter,” Silva said.

Patrick Cavanaugh2016-05-31T19:33:26-07:00September 10th, 2014|

Drought leaves Tulare County homes without water

By Associated Press

Hundreds of rural San Joaquin Valley residents no longer can get drinking water from their home faucets because California’s extreme drought has dried up their individual wells, government officials and community groups said.

The situation has become so dire that the Tulare County Office of Emergency Services had 12-gallon-per person rations of bottled water delivered on Friday in East Porterville, where at least 182 of the 1,400 households have reported having no or not enough water, according to the Porterville Recorder.

Many people in the unincorporated community about 52 miles north of Bakersfield also have been relying on a county-supplied 5,000-gallon water tank filled with non-potable water for bathing and flushing toilets, The Recorder said.

Emergency services manager Andrew Lockman, said the supplies of bottled water distributed by firefighters, the Red Cross and volunteer groups on Friday cost the county $30,000 and were designed to last about three weeks but are only a temporary fix. To get future deliveries, officials are asking low-income residents to apply for aid and for companies to make bottled water donations like the one a local casino made a few weeks ago.

“Right now we’re trying to provide immediate relief,” Lockman said. “This is conceived as an emergency plan right now.”

Officials said the problem is partly due to the shallowness of some residential wells in East Porterville that are replenished by groundwater from the Tule River, the Fresno Bee said. But river flows are way down due to the ongoing drought, leaving some wells dry.

East Porterville resident Angelica Gallegos fought back tears as she described being without water for four months in the home she shares with her husband,, three children and two other adults.

“It’s hard,” she told The Bee. “I can’t shower the children like I used to.”

Farmworker Oliva Sanchez said she still gets a trickle from her tap, but dirt started coming out with the water about a week ago.

“I try to use the least possible. I’ll move if I have to,” she said.

Along with experiencing inconvenience and thirst, some residents have been reluctant to speak up about being waterless because they are afraid their landlords will evict them or social workers will take their children away, The Recorder reported.

“We want to make it abundantly clear we are not going to make this harder for anyone,” Lockman stressed. “These lists aren’t going anywhere. (Child Welfare Services) isn’t getting a list. They (CWS) made it abundantly clear they are not going to remove children because of no water. We just want to help the people.”

Patrick Cavanaugh2016-05-31T19:33:29-07:00August 26th, 2014|

Water Forum Aug. 29 Chukchansi Park

Water Forum will present the facts on the drought and environmental restrictions

The Fresno Grizzlies have announced that Netafim USA will be the presenting sponsor of the Farm Grown Central Valley Water Forum scheduled for Friday, August 29th at Chukchansi Park prior to the Tacoma Rainiers vs. Fresno Grizzlies 7:05 p.m. PT game.

The forum topic will center on the current drought conditions and the impacts to the Central Valley Ag industry and rural communities. “There is no greater issue in the Central Valley than the current and future availability of water for agricultural use; forums – like this one – are an essential step towards developing a long term solution for California’s agricultural community,” said Ze’ev Barylka, Marketing Director for Netafim USA.

The panel discussion will focus on the issue of regional impacts, asking the questions: how did the system breakdown, what are the subsequent statewide effects, and finally, what coalitions are being developed outside the Central Valley to assist in fixing the system. Panelists will include representatives from various water agencies, government leaders and officials.

“This partnership certainly brings to light the vital role that Netafim USA plays in providing emerging water conservation and drip irrigation technologies to the Central Valley Ag and farming industry. The partnership will also provide the Farm Grown program with tremendous amounts of exposure to the industry beyond the Central San Joaquin Valley as well, thereby increasing our ability to continue in providing topical agricultural forums to promote agriculture and farming here at the stadium,” said Jerry James, Fresno Grizzlies Vice President of Revenue.

The Water Forum Panel will include: