The Exchange Contractors board of directors met on Friday, April 1, 2022 at its Los Banos headquarters and on that second rate GoToMeetings.com, it’s just not Zoom and causes a lot of pain and suffering in this world. But not as much as an out of reality experience with a California legislator who wants to impose the values of his district on the rest of the state. We’ve seen it hundreds of times. I wish it were a dozen or handful but no, the desire by the one party government office holders in Sacto is we go woke even if you go broke. I already published on April Fools article but unfortunately this one isn’t a prank.
AB 2764 is an example. Assemblymen Adrin Nazarian of Van Nuys and Alex Lee of Milpitas are the sponsors. Per https://trackbill.com/bill/california-assembly-bill-2764-animals-commercial-animal-feeding-operations-prohibition-on-new-operations/2230915/ “This bill would prohibit commercial animal feeding operations and slaughterhouses, operations, as defined, from commencing or expanding operations, except as specified. The bill would make any person that violates this prohibition civilly liable for a penalty in an amount not to exceed a sum of $10,000 per violation per day, but specify that a violation of this prohibition is not a crime.”
Why are legislators from two very urban areas trying to pass a law that would prohibit agricultural activity? I’ve been to Van Nuys, I’ve been to Milpitas. To my knowledge neither area is overrun with feedlots, dairies and chicken farms. I’d be more impressed if Nazarian wrote some bills to limit the harm pornography causes even though his district is home to a major portion of that industry. I think it’s accurate to say porn degrades our society more than ham and eggs and a cheeseburger. To be fair I’ve contacted to the offices of both of these men and haven’t received any response. However the California Farm Bureau Federation has a response. Please go to https://p2a.co/lH62vli to send a message to your elected official.
Gas Tax
As covered in the San Joaquin Valley Sun Lee is shaping up to be one of the left’s best stooges. He is the one who gutted the gas tax holiday bill AB1638 and inserted language to tax fuel suppliers https://sjvsun.com/california/calif-dems-hijack-gas-tax-holiday-bill-convert-gop-measure-into-another-gas-tax-hike/
Instead of suspending the $.51 per gallon state tax on gasoline as originally intended Lee wrested away the language from Assemblyman Kevin Kiley of Rockland. He and the rest of the democrats on the transportation committee came up with an idiotic plan replacing the tax cut and wouldn’t change the author’s name, leaving the impression Kiley actually wrote this steaming pile. How cowardly and duplicitous is that? After looking through the
bill online it appears to me – instead of suspending the $.51 per gallon tax Lee wants to add a $.27 per gallon tax on the fuel suppliers and take those proceeds and send out rebate checks to folks who have a vehicle registered in California. This is an idea that has been proposed in Congress and so far there’s no reasoning given for the amounts either here or in Washington. Is the $.27 or whatever the figure ends up being pulled from thin air? How does raising the tax on fuel help California? Kiley’s original bill would have backfilled road and highway construction costs from the $28 billion budget surplus.
Not only will this add another tax on fuel it will cost the state an untold amount to process the accounting. Governor Gray Davis tried this with DMV rebates. Instead of reducing the fees he had the agency collect them and then mail out checks. May what happened to Davis happen to any other elected who tries to pull the same stunt. Keep an eye out for Alex Lee.
The Meeting
At 9:01am Chairman Chris Cardella called the meeting to order and we saluted the flag. Executive Officer Chris White called to everyone’s attention the fact that Water Master Adam Hoffman will be with Ex Con five years this coming Monday. White said Hoffman has been a blessing and grown into one of the experts of California water. That’s high praise, good for him.
The minutes were approved and the perpetual resolution to hold a meeting remotely was passed by role call. Under public participation those of us on the phone introduce ourselves and Joann White gave the expense report and the finance committee report. As usual she did such a good job everyone approved.
Water Report
Hoffman said Ex Con is getting 375 cfs demands and the recent rain helped to lower that. There is 454 cfs passing through Gravely Ford on the San Joaquin River. Current storage at Shasta is at 38 percent of normal. San Luis Reservoir is 34 percent of normal. Millerton
Lake is at 59 percent of normal. Hoffman said the snowmelt has begun in earnest this past week. We had an unseasonable heat wave pass through. This time next week temperatures are forecasted with highs in the mid-90s. Come on man, that’s really hot this early in the year.
Hoffman reported SJR flows at 1,006 cfs at Vernalis. Oroville increased releases and there was an increase in pumping at Jones for a short while. The recent storms were better for the mid Sierra Nevada than the northern part of the state.
EXO Report
White thanked the folks at Central California Irrigation District for the opportunity to speak there. He was the former GM of CCID before moving to Ex Con. He said there will be a call on Friant and Ex Con is working with the US Bureau of Reclamation and Friant Water Authority on what this will look like. The flows from Shasta are very low.
Policy & Program Report
Steve Chedester reported the Sack Dam is now the Sack Dam complex with the fish screen and fish passage and the accompanying work. Chedester keeps an eye on and shepherds a myriad of projects for Ex Con. Cardella said the drums amongst the attorneys indicate the Bureau is way behind on the SJR Restoration and lacking direction.
Orestimba Creek’s NEPA CEQA is complete and there is next to no comments so it looks good. The Los Banos Creek project is moving along but not much is on the immediate horizon.
Chedester said the San Joaquin Valley Blueprint is going through strategic planning and has a new board and governance. He expects a budget from them soon.
Transfers
The agenda had a trashcan full of water transfer items. Like 11 of them. They are a combination of fallowing and landowner transfers. Ex Con has been tight on transfers way before it was a popular notion. There is a specific criteria one must follow to have transfers approved. Ex Con verifies ownership, source and destination amongst other things. With all the talk about transfers under SGMA it might be a good idea to see how a mature transfer program has evolved. The board approved the transfers.
One transfer was from Firebaugh Canal Water District to CCID and Panoche WD, I believe 3,000 a/f. Jeff Bryant, FCWD GM and all around nice guy said the paperwork will be complete before he lays his head to rest this evening.
Mendota Pool Group
Next the board got an update on the annual meeting between the MPG and Ex Con. Chedester said they went over the monitoring program and the nuts and bolts of operations. There is a 30-page report to go with the update on groundwater levels, water quality and other concerns. Chase Hurley was on the line and said if Ex Con approves the MPG agreement he will send this on to the Bureau. He said due to the lack of supplies there will not be a pumping program this summer. The Ex Con board agreed.
Consultants’ Report
David Cory is a gifted attorney who usually gives bad news at this point of the meeting. White gave an overview of what Cory would have reported had be been on the line. It includes State and Regional Board mischief. White also gave a quick update on legislative matters. All of this was in the packet. He said despite the Russian warmongering taking up the space in DC the SJR Restoration got a $20 million chunk of change. The Bureau has a new deputy commissioner, but all heard was his name is Michael Something.
Attorney & Four Managers Report
For decades Paul Minasian has been the Ex Con attorney. He hasn’t been at the meetings for some time and Andy McClure was the voice of the gentleman from his firm. But he gave a report that touched on the Delta operations. There is a suit on the latest biops.
There is a Del Puerto Canyon Dam lawsuit where some of the Friant districts are suing under CEQA. The Sierra Club doesn’t like the dam either but didn’t get its brief filed in time. Friant also has a court of claims litigation against Ex Con. Friant sent the judge a letter to try to goose things along. There will be an oral argument in Washington DC on April 28th. McClure gave some reasoning about Bureau actions necessitating Friant’s desire to resolve this suit.
The end of the Voluntary Agreements trumpeted by Governor Gavin Newsom doesn’t have the support from the water users. So, you know how these things get great press. The enviros don’t like the new agreement and the water rights holders don’t like it either. So the story gets out there but twisted. However, the last time things got this far the folks in San Francisco got their knickers or whatever they’re wearing up there these days in a bunch and that put the kybosh to it. It appears the good folks by the Bay are just fine with others in California making do with less water, but for some reason they have an aversion to doing the same. And San Francisco’s supplies are again negatively impacted by the new VA terms.
Speaking of making do Jarrett Martin, GM CCID said they are making plans to do with less since supplies are way down.
John Wiersma, GM San Luis Canal Company said they had elections and the previous slate is still the current slate.
Jeff Bryant, GM FCWD dealing with the same water supply issues and the new office construction is going full bore. He has two solar and one reverse osmosis projects.
Randy Houk, GM Columbia Canal Company said aquatic weed control is the biggy out his way.
Informational
Due to an ACWA conference next month the board agreed to move the meeting to Friday, May 13th. White said there will on April 20th Water Education Foundation will be rolling through with its tour and Ex Con will host them at the Party Barn. And of course the ACWA Spring Conference will be May 3rd through 5th.
I recall when an Ex Con meeting would routinely last for three hours but today the meeting then went into closed session at 10:00am for 10-items. That’s a relatively long list of legal lamentations. I haven’t seen a list that long since the last time I visited the Kern County Water Authority. Well, go be good to each other.
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SAN JOAQUIN RIVER EXCHANGE CONTRACTORS WATER AUTHORITY
Main Office: 541 H Street, P.O. Box 2115 Los Banos, CA 93653 Office 209/827-8616 www.sjrecwa.net Email: contactus@sjrecwa.net
DWR SGMA Identifier #5-022.07
The Exchange Contractors cover almost a quarter of a million acres in Fresno, Madera, Merced and Stanislaus Counties.
Mission Statement
The Exchange Contractors Water Authority mission is to effectively protect the Exchange Contract and maximize local water supply, flexibility and redundancy in order to maintain local control over the members’ water supply.
Board
Chris Cardella Columbia Canal Company -Chair, Mike Stearns Firebaugh Canal Water District -Vice Chair, James L. Nickel-Treasurer San Luis Canal Company, Eric Fontana -Director Central California Irrigation District
Staff
Chris White-Executive Director, Steve Chedester- Director Policies & Programs, Adam Hoffman-Water Resources Specialist, Joann White-Director Finance and Human Resources, Darlene O’Brien- Administrative Assistant, Andy McClure of the Paul Minasian Firm-Attorney
History
From the Exchange Contractors’ website: www.sjrecwa.net The San Joaquin River Exchange Contractors hold some of the oldest water rights in the state, dating back to the late 1800s. The rights were established by Henry Miller of the legendary Miller and Lux cattle empire. In 1871, Henry Miller constructed canals to divert water from the San Joaquin and North Fork of the Kings Rivers for irrigation of his vast acreage. Today, several of the original Miller and Lux canals are operated by the Exchange Contractors.
Although Henry Miller’s canals served the irrigation needs of his estate in the western portion of Fresno, Madera, Merced, and Stanislaus counties, in order for more growth on the east side of the San Joaquin Valley to occur, more water was needed. In 1933, the United States Department of Interior undertook the Central Valley Project, a vast undertaking to build dams throughout the great Central Valley including the Sacramento, American and San Joaquin Rivers. When construction of the Friant Dam (north of Fresno) was under consideration, feasibility studies showed that irrigation development of the Friant Project between Chowchilla and Bakersfield depended upon water being diverted from the San Joaquin River at Friant Dam and brought to the east side of the valley, via the Friant-Kern Canal.
To accomplish this, the government asked the heirs of Miller and Lux to agree to “exchange” where they receive their pre-1914 appropriative and riparian water from the San Joaquin and Kings Rivers for guaranteed deliveries of “substitute” water from the Sacramento River by means of the Delta-Mendota Canal and other facilities of the United States. This agreement, known as the “Exchange Contract,” along with the accompanying “Purchase Contract,” were reached in 1939 and that led to the name “San Joaquin River Exchange Contractors.” In normal years, the Exchange Contractors are guaranteed 100% of their contractual water allotment (840,000 acre feet) and in critical years the amount is 75% (650,000 a/f).
The Exchange Contractors, however, did not abandon their San Joaquin River water rights. Instead, they agreed not to exercise those San Joaquin and Kings Rivers’ water rights if guaranteed water deliveries continued through the Delta-Mendota Canal or other facilities of the United States.
