The Exchange Contractors board of directors met at its Los Banos headquarters on Friday, January 10, 2025. I was looking through my notes the other day and saw I’ve been attending Ex Con meetings since at least 2002. While it’s true I use journalist math I’m still able to figure in my head that’s more than 20 years. Yet none of us look as though we’ve aged any. It must be the water. The SGMA meeting was held first and the regular meeting was scheduled for a 9:00am start.
The Meeting
According to my clock Chairman Chris Cardella called the meeting to order at 8:59:45am – possible Brown Act violation there but I won’t be pressing charges. Central California Irrigation District General Manager Jarrett Martin started things off by leading the flag salute. The agenda and the minutes were approved.
Under public participation Executive Director Chris White introduced Marisal Bonilla who came to work this week as the new office assistant. Good for her. Then everyone on the phone introduced ourselves. I admit some things have changed since 2002. I used to get up on cold, dark, foggy mornings and drive to Los Banos to take part in Ex Con meetings and that was pre SGMA so the regular board started at 8:00am. So, for the first Friday of the month I’d get up before most of my friends went to bed and head on out. Now I meet by telephone from the comfort of my home. But you can’t see anything. I have no idea what Ms. Bonilla looks like. What is being served for lunch? Did Jeff’s rash ever clear up? Story endings we’ll never know.
Closed Session
Anyway, instead of placing closed session at the end of the report, more about that in a moment, eight items were wrestled with behind closed doors. That happened at about 9:07am. There were ongoing, lawsuits, possible lawsuits, real estate negotiations and personnel performance reviews all of which can and must be discussed in closed session.
Usually you don’t fiddle with the closed session/open session order just for fun. Today was no exception – the attorney had a time conflict so they got closed session out of the way early. I don’t know if it was Andrew McClure of the Minasian law firm from Chico. The senior partner, Paul Minasian used to fly his plane down and he is a very cool and kind man. I hope he’s doing well. I’m happy that I haven’t heard anything different.
The way a closed session agenda is posted is important. The boards are not under obligation to discuss each item. Many times, especially on the lawsuit side, items are listed in case something happens in the legal process since the last meeting. Sometimes nothing happens for months, or even years. When is the State Water Resources Control Board’s special office of something or other (Office of Administrative Hearings?) going to give a decision on the Kings River water rights matter?
Then there are billing issues. Attorneys often sit through the entire meeting. This is very helpful when there are legal procedure matters that come up. I was once in a meeting that when into emergency closed session in the middle of the meeting. It was unnoticed and un-agendized. Certainly, a Brown Act violation. An attorney present would have been helpful. But often times paying attorneys to sit through a standard meeting isn’t warranted – unless it is. All that to say attorneys bill by the hour and that’s fair. It’s up to the board to determine how many hours of open session.
Open Session
The open session of the meeting restarted at 9:42am. It was McClure at the legal helm and there were no reportable actions that took place during closed session.
Next one of my favorite people, Joanne White gave the financial report. It was approved of course. There was a resolution, No. 2025-01, that was passed. It had to do with the investment policy being ratified and it was. Also, the board instructed staff to continue the long and noble tradition of contributing to the fishing trip for disadvantaged children at the O’Neil Forebay. Good for them.
The personnel committee gave the board a recommendation to give everyone a raise. The employees will get a cost of living and a little more boost. White get’s a merit raise too. Good for all of them. I’ve been trying to get my boss to give me a raise.
Water Report
Adam Hoffman, Water Master reported January demands are as you’d expect very low. There are plans to run a 240 cubic feet per second pulse flow down the San Joaquin River for the month of February. There has been 37 inches of inflow to Lake Shasta so far this year. It’s at 169 percent of average and they are having to start flood releases to clear way for additional water.
The federal Jones Pumping Plant has been able to keep the water flowing south and with low demands the federal side of San Luis Reservoir is filling. Millerton Lake behind Friant Dam on the San Joaquin River isn’t doing as well as northern California but it’s OK. The Delta is getting inflow and it’s better than the first flush flows last month.
Hoffman said DWR released a report too late yesterday to fully include in this report but he said there are big numbers of snow water content so far. He said we are going through a dry period right now after a wet period earlier this year.
Executive Director Report
White said the San Joaquin River Restoration Program has some updates. He said the US Bureau of Reclamation is trying to time work with water releases and get the bids wrapped up. More about this later. White pointed out Hoffman is doing a fine job. Good for him. Both of them are keeping an ear to the ground and an eye on the prize and their finger on the pulse of bunch of stuff happening regarding computer modeling in the Delta.
They are also siding up to getting the transfer deals done. There have also been cost shares signed up on the community grant program. He said the City of Gustine is kicking in some change.
SGMA
Martin said there are six subbasins in the San Joaquin Valley that are in the purgatory of possible probation. It looks like the Kaweah Subbasin is back in good graces and the probationary cross hairs may be removed entirely. There is a February probationary hearing for the Kern Subbasin before the State Board. He said the Delta Mendota Subbasin, in which Ex Con resides, is working feverishly to get in good graces with its Groundwater Sustainability Plan.
XO Report Continued
White said there is a trip to Sacramento scheduled for later this month to spread the truth to the heathens. He worded it differently, something about a legislation trip to meet newly elected public servants. Also, politics are local and there is a new mayor in Los Banos the community is getting to know.
Policy Report
As promised Steve Chedester reported on the San Joaquin River restoration. They are looking at new designs floating around out there that will lift fishes over small dams. It sounded like the Bureau thinks this smells fishy.
Martin said a creek crossing repair is about ready for prime time exposure once the mud dries and there shouldn’t be anymore dirt bikes stirring things up.
Chedester said the State Board has one more workshop on January 23rd to look at the Voluntary Agreements. I don’t know if there is any clear path to determining what the State Board is going to do. The overwhelming desire is to not implement the through Delta flows State Board staff is contemplating. Chedester also mentioned some progress taking place with the Water Blueprint for the San Joaquin.
The Orestimba Creek Project is now able to take water from the Delta Mendota Canal and that is moving that project along in a good way. The regulatory permits are just about in place for many of the Exchange Contractor’s plans to improve their water supplies. I believe I’ve heard the Bureau has been good to work with on the Los Banos Creek project. Marten added one of two land acquisitions have been completed on that project.
White said there is a presentation before the Merced County Board of Supervisors planned to discuss the road alignment around the Del Puerto Dam.
Gov’t Mischief
Consulting Attorney/Farmer Dave Cory reported for more than a decade off and on, the Regional Board has been wanting a bio-integrity study of all the waterways on the San Joaquin Valley floor: streams, rivers, canals, the whole bundle. Cory said this has the potential to be a major disaster. Comments are being prepared with rigor.
The state wants an expert panel assembled to look at nitrogen and groundwater. So far, the state hasn’t named who they will seat. That was expected last year, but no one knows yet. This could drag on into next year.
Legislative Report (More Gov’t Mischief)
Next White said he would like to proceed with to the attorney’s report as there is a water transfer policy hearing scheduled for 10:30. This also skips over the legislative and public outreach report.
McClure said there will be a hearing on suits against the Del Puerto Canyon Dam project held at the 5th Court of Appeals in Fresno. The Sierra Club and some Friant contractors are suing on the grounds the CEQA wasn’t properly conducted. This will be at 9am on Thursday January 16th.
The Indian Valley Subbasin has gone to adjudication. Even the California Attorney General Rob Bonta has got his nose and nuggets into it stating adjudication defeats SGMA’s goals. If I understood. It appears the problem is adjudication will upend the GSP.
Four Managers Reports & Info
I believe Columbia Canal Company GM Mike Gardner went first saying they’re getting some work on the system completed before deliveries start up again.
John Wiersma GM San Luis Canal Company they have some problems with high water. There will be elections at the next board meeting.
Martin said winter construction is going hot and heavy.
I didn’t clearly hear what Jeff Bryant, GM Firebaugh Canal Water District said. But his district is intrepid. So they probably are getting work done.
Under information the Mid Pacific meeting for the Bureau is taking place in Reno later this month.
Transfer Policy
The last item for the day was a hearing regarding Section 6.8 of the water transfer policy. It was scheduled to start at 10:30am and it did. The board was asked to review the policy set in 1994. There is a limitation on the quantity of water transferred in section 6.8.
White laid out the various provisions of the policy. The maximum ever achieved was more than 160,000 a/f transferred by category. This is one of those policies with many moving parts: fallowing, water year type, conservation and high groundwater as examples.
He recommended adding a category to Section 6.8 that would allow another 10,000 a/f to be transferred. I must admit I didn’t fully understand the category or its parameters. However, this is intended to help with drought impacts on Ex Con’s neighbors. For those of you who would like more information this is all public record.
Cardella spoke in support of the concept but had some questions about pricing. Wiersma responded pricing hasn’t yet been considered. He said that is something for the future but at this time it sounds like they’re swimming through Jello with permitting and policy revisions.
I think this will be a great help to the Triangle T Water District. This is an area near Red Top where an institutional investor* planted almonds wall to wall on untilled rangeland land without surface supplies. This institutional investor then proceeded to mine the aquifer with deep wells. That triggered one of the worst cases of subsidence ever. Within just a few years the land dropped by feet and the surrounding farms’ wells where harmed. This, as I recall, was the emphasis for forming the Triangle T Water District. Ex Con has been helpful with that area getting back on the road to recovery.
Somewhere in the middle of this hearing the CCID board convened in the room and the entire matter will be carried over until next month.
That is my imperfect but made with love report. Go be good to each other and yourselves.
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*Rhymes with Hohn Jancock.
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.
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 -Chair Columbia Canal Company, Mike Stearns-Vice Chair Director Firebaugh Canal Water District, Cannon Michael-Treasurer San Luis Canal Company, Eric Fontana- Director Central California Irrigation District
Chris White-Executive Director, Steve Chedester-Director Policies & Programs, Adam Hoffman-Water Resources Specialist, Joann White-Director Finance and Human Resources, Marisol Bonilla-Administrative Assistant, Andy McClure-Attorney Minasian Law Firm.
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.