By Don A. Wright
The Exchange Contractors board of directors met on Friday, October 6, 2023 at its Los Banos headquarters and the telephone. When the robotic operator answers the conference call number it sounds like a female robot saying, “Welcome to Broad Dana.” There’s at least a double if not triple entendre and I can’t imagine any female, even a robot adopting the
prefix broad. It must have been data, not Dana. If only Ex Con were to adopt Zoom. You could see who’s talking and view documents put up on the screen. I’m going to try to put this request to the board before the end of this meeting.
The Meeting
Chairman Chris Cardella called the meeting to order at 9:00am and we saluted the flag. CEO Chris White said at 9:30am he’d like a change in the agenda as Ex Con’s state and federal lobbying team will be calling in with a report. That’s something to look forward to.
The minutes were approved and self-introductions given. Panoche Water District has a new General Manager, Patrick McGowan. He was there to introduce himself and get to know more about Ex Con. Good for him.
The always graceful Joann White gave such a good financial report the board unanimously, without comment approved. So those of you who have a claim on some of Ex Con’s money, you’ll get paid. Good for you.
The not as graceful, but still a little bit graceful Chris White told the board the new budget includes hiring a new assistant at the office and many other details. He asked the board members to take it home, get buy-in and then come back. A lot of folks don’t realize Ex Con is a join powers authority, a JPA. It is a four man board and that’s unusual as most board are odd numbered to prevent tie votes. But these four entities have been working together for many decades and all derive from the same source, the Miller & Lux cattle ranch that had water rights on the San Joaquin River going back to shortly after California became a state. They’ve learned to work well together.
White then recommended a 25 percent raise for someone. I didn’t hear who but someone got a good bump. I think it was Adam Hoffman. I hope so, whoever has his job has to be part rocket surgeon and artist and Hoffman works hard. Whoever got the kick, congrats.
Water Report
In any event Ex Con Water Master Hoffman gave his report saying demands are down and 385 cfs is being released from Friant down the San Joaquin River and that should stay until December. The Mendota Pool will be dewatered this year if I understood.
Hoffman said the federal side of San Luis Reservoir is drawing down. Wildlife refuges are taking water and a pump was down at the Jones Plant on the Delta. Someone put a bad penny in the fuse box or installed a transformer backwards. Water Year 2023 yielded the long term average for Shasta or more than five million if I understood. Delta inflow is 19,000 cubic feet per second and that is pushing against the Fall X2 salinity. What happens is without a lot of fresh water pushing against the tide salt water will creep upstream. Before there were dams in dry years salt water could make its way to Sacramento and Stockton. The X2 line starts at the Golden Gate and is measured upstream.
As to the future Hoffman said he’s not an El Nino expert but it does look like a possible wet year forming.
Ex Direct
White said he and some of the directors took a trip to Washington DC and had a good visit. Some pre-cooties relationships were reestablished.
Steve Chedester, Director of Policy & Programs gave his report. His focus is on many things but the San Joaquin River Restoration is a very big deal that has been going on for decades. After a 20-year lawsuit by the Natural Resources Defense Council a law by former Congressman George Radanovich and the late Senator Diane Feinstein was passed to help sort out the court order. In general it was a mess.
Legislative Report
Dominic DiMare from the state lobbying efforts. DiMare said the state legislature left town sometime last month. Two Bay Area Assemblywomen – Rebecca Bauer Kahn and Buffy Wicks (isn’t that a cool name?) along with So Cal State Senator Ben Allen put forth bills that would have shattered the concept of legal rights. ACWA, the California
Chamber of Commerce and an incredible coalition of water agencies from all over the state banded together to fight this overreach. These bills would have given the State Water Resources Control Board dictatorial powers over water rights.
DiMare said Bauer Kahn has another bill to prevent the transfer of water for profit – really – that was moved to a two year status and may come back to life. He said Bauer Kahn is well liked by her peers but unwilling to work cooperatively with the public. I paraphrase. The new Speaker of the Assembly Robert Rivas brings some good and some bad. Rivas hasn’t assigned committee chairs yet but it could be Bauer Kahn gets a different committee than the one she chairs now.
On the State Senate side Speaker Pro Temp Toni Atkins of San Diego will step down in January and there is replacement from a district that follows the coast from the Oregon boarder south. Didn’t catch the name but he’ll be terming out soon and there should be some jockeying to take that plum position.
Landon Trumpco (sp?) and Ann McMullin gave the federal report. McMullin said in addition to Trumpco there are four team members from her firm on the call. She used to work for former Congressman/current San Luis Delta Mendota lobbyist Dennis Cardoza and I heard her say something about working for Pelosi.* Trumpco came from the Republican side and started from Wyoming.
McMullin said the loss of Feinstein is huge for California water. The replacement Laphonza Butler is expected to retain at least some of the staff.
Trumpco said in order to gain the Speakership Congressman Kevin McCarthy had to agree to allow any member to put forth a motion to vacate. McCarthy hasn’t indicated what he’ll do for the next election but he is staying for now. He met with McCarthy staff on this last
trip to DC. Not having McCarthy in the Speaker’s chair is going to require a lot more work to keep status quo. Louisiana’s Steve Scalise is looking to take that spot. They are getting back together next Wednesday and who knows what is going to happen?
McMullin said there were very good meetings last week with most of the Valley’s delegation and both Senators where funding for the Los Banos Creek and Del Puerto Canyon were discussed. There were also talks with the US Bureau of Reclamation. She said Senator Alex Padilla staff said they are ready and willing to pick up the reins from Feinstein but is giving her staff a little space.
White said the trip to DC was above average and he sees more of these paying off.
Public Outreach
A representative from Lighthouse Public Affairs gave a report saying how the Exchange Contractors are being presented as not only good for irrigation but good for society. The messaging has been crafted to reach federal and state officials. For instance, they worked with State Senator Anna Caballero to provide solid information and knowledge. They are working to prepare for the new federal Senator Butler’s education.
White asked the board if they’d like to have these reports quarterly and the board said yes.
Resolutions
The next item was Resolution No. 2023-03 authorizing Ex Con to agree with the Bureau
about banking 20,000 a/f at Rosedale Rio-Bravo Water Storage District near Bakersfield. The board agreed.
Switching back to other matters, attorney Andy McClure said a standing committee for the Del Puerto Canyon Reservoir Project is proposed to help keep the information flowing. I think – someone keeps rattling paper in front of the microphone making it difficult to hear. That never happens on Zoom. So I’m throwing darts against the wall here. But if I understood McClure laid out how a slight reordering of the JPA rules will allow the funding participants better security to insure the investments are heading in the desired direction. It sounded like overall the recommendations offered were met with approval. A motion was made to take this to the home boards and bring it back. That was passed.
Gov’t Mischief
Consultant Dave Cory reported the state is still hell on nitrogen in groundwater. He hopes within six to eight months there will be standards based on individual crops for nitrogen levels as required by the Regional Board. Cory said the State Board has opted to convene an expert panel on nitrogen in groundwater. It’s worrisome as the panel members have not been announced nor when it will take place.
Next White said with the passing of Columbia Canal Company’s GM Randy Houk there
needs to be a new Division Three Alternate to the San Luis Delta Mendota Water Authority board. The exceedingly graceful Kim Brown has agreed to take on this position.
Attorney’s Report
McClure said the lawsuit, and I need to do a story on this because it is the kind of thing that is so bizarre it’s hard to believe it’s real, over a defunct GSP is still winding its way
through the judicial process. Some NGO sued over a Groundwater Sustainability Plan that was later thrown out, rewritten and submitted. The plan no longer exists but the lawsuit continues.
The Del Puerto Canyon suit appeal is ongoing. The Sierra Club isn’t willing to play nice and is doubling down on legal paperwork instead of working things out. Last week the State Board issued a supplement environmental document on the Bay Delta plan. It is 10-years overdue and the State Board is being sued by NGOs, prompting this release. On one hand
there is the unlimited/unimpaired flow that will allow a massive amount of flows to go out to sea. The other option presented is the Voluntary Agreements. Comments are due in December.
Four Managers & Informational
Jarrett Martin, GM Central California Irrigation District said there are several SGMA meetings and an ACWA presentation next week. He said there are innumerable questions regarding the State Board’s reaction to the GSPs that didn’t pass.
Jeff Bryant, GM Firebaugh Canal WD said letters are out to growers about the upcoming repairs to district facilities. They are working on some solar projects. He said to come out on October 14th to remember Randy Houk. It starts at 3pm.
Cardella reported CCC is recharging as much as it can for SGMA and getting ready for December maintenance.
The board approved holding the November meeting on the 10th and the December meeting on the 8th. White reminded folks to go to the AWCA meeting and on October 20th there will be a BF Sisk Dam raising ceremony and the ACWA conference will be in December. The meeting then went into closed session and that was that.
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*Hmm?
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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 -Chair Columbia Canal Company, Mike Stearns-Vice Chair Director Firebaugh Canal Water District, 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-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.
