By Don A. Wright
The Exchange Contractors board of directors met on Friday, September 13, 2024 at its Los Banos headquarters. The meeting was in person but also on a phone conference. I may have mentioned this before but when you call the number an automated female voice* says something like, “Welcome to Broad Dana.” That can’t be right, can it? Dana is often a lady’s name and even if it were a man’s name why would a company want to project an image of being, I don’t know, wide in the beam? Maybe it’s going for the body positivity sector of the populace. Or maybe they need to rerecord their outgoing message so it’s a little clearer.
The Meeting
Things kicked in right at 7:30am with a flag salute, the way it should be. Chairman Chris Cardella sounded motivated to get it going. Executive Director Chris White told him the agenda was good and the minutes were approved.
The meeting was held later in the month and earlier in the day than usual. Usually, Ex Con meets on the first Friday of the month but there was a Congressional Field hearing last week. Today, sadly, the meeting was held earlier so folks could attend a funeral.
I was very sorry to hear Aldo Sansoni passed away. The JPA recognized Sansoni’s contributions of the highest integrity to honesty and I have to agree. Sansoni was always good to me and a pleasure to be around due to his good nature and humor. Believe it or not when I first started covering water I wasn’t welcomed consistently with open arms. No one was overtly hostile but they didn’t know who that guy taking notes over in the corner was. Especially since in those days district meetings were not widely attended by anyone not farming in the district or having direct business with the district.
Finances
Joanne White gave the financial report and she did such a complete, accurate and graceful job of it the board approved the entire thing.
Water Report
Water Master Adam Hoffman gave his report saying the Ex Con demands are typical for September. Farm deliveries are ramping down and wildlife refuge deliveries are picking up. The San Joaquin River restoration had about 90 cfs at Sac Dam. The US Bureau of Reclamation increased flows to 1,500 cfs to wash out the algae below Friant Dam in the spawning area. The amount of release has gone down but not as low as the previous level of cfs.
Shasta is releasing 8,500 cfs and should end September with 2.7 million a/f in storage. Hoffman said that’s a good amount for the coming year. At the San Luis Reservoir the state side has increased by 200,000 a/f and on the federal side there is still more than 400,000 a/f in storage. Why would that be when growers contracted with the federal Central Valley Project for surface supplies on the Valley’s westside are having to pump groundwater in the age of SGMA?
The decreased demand on the Friant Kern Canal and power utility releases up stream has caused Millerton Lake to rise. This is the last month of the Water Year 2024. Hoffman said this year has followed last year’s trends and he found that interesting.
The Fall X2 is currently causing a 9,500 cfs outflow to the Pacific Ocean. This is crazy. The Fall X2 releases (covered here) are a double whammy of bad. This water flowing out to sea could be used to refill depleted aquifers and the US Fish & Wildlife have studies showing the flows don’t help the endangered Delta smelt.
White said at yesterday’s San Luis Delta Mendota Water Authority meeting a Bureau spokesperson said the salinity gates at Suisun Bay will be opened with the goal of increasing the smelts’ food supply, if I understood correctly. This means the controversial Fall X2 flow for October will not interfere with pumping. That’s the plan anyway.
Exec Direct Report
White said the Exchange Contractors have sent a comment letter to the Bureau about the Long Term Operations of the Delta that includes the Fall X2 line problems. The are still problems on the San Joaquin River restoration program. The funding is being directed to less than ideal projects. He said he and John Wiersma, General Manager San Luis Canal Company met with the Bureau about Sac Dam.
SGMA
Wiersma reported there was a scheduled talk with the State Water Resources Control Board about the Groundwater Sustainability Plan that was cancelled. He’s keeping his eye on the Tule Subbasin probation process. While the State Board didn’t indicate it would acknowledge any Good Actor Clause as written in the Sustainable Groundwater Management Act – it let a couple of Groundwater Sustainability Agencies within the Tule Subbasin off the hook for fines and penalties. More about this in the attorney’s report.
Based on the State Board staff response to the Kern Subbasin rewrite of the Kern Subbasin GSP, Ex Con has urged them to completely review the new GSP. One of the claims by stakeholders at the recent State Board probation workshop in Bakersfield was the State Board staff didn’t fully include the updates of the new GSP when making its recommendations to the Board to place the Subbasin on probation.
White said all of the members of the Delta Mendota Subbasin, where Ex Con resides, have approved the new GSP save the City of Los Banos. He’ll be speaking at the next City Council meeting and expects a full buy in from all participants.
Policy & Programs
Steve Chedester reported they are working on grants from the EPA and the Bureau and hopes to bring in $10 million for improving the area’s water resiliency. He said the Bureau is also looking to receive bids for Sac Dam and that should be resolved by March of next year. The Poso Canal bids are in and construction between now and the new year should commence soon. Chedester said the final EIS is due in November and the final decision in December. The State Board is still looking to get its draft staff report on the San Joaquin River Phase I out in time for upcoming water year. I believe that is what he said. I don’t know if it was Broad Dana or my phone but I couldn’t hear things Chedester said as well as when others where talking.
Water Resources
Chedester reported the electrical panels on the Orestimba Creek project are being installed. Ex Con is still working with the State Board on water rights permitting. They’ve been working off the emergency executive order for recharging those flood flows. The Twin Oaks ID was concerned and expressed that in a comment letter as did the Bureau. He said he
believes both concerns will be addressed and that’s good news. There’s always a plethora of permitting and paperwork baked into anything water in California.
The Del Puerto Canyon Reservoir Project update was given by White and he said the design has progressed from 30 to almost 60 percent complete. There has been buy in from Merced County on the road realignment. Road alignment seems to be a common task when building or modifying reservoirs in the area. The BF Sisk Dam raise on the San Luis Reservoir just south of Del Puerto Canyon is going to spend half a billion dollars on rerouting Highway 152.
Action Items
The first item was Resolution 2024-03 authorizing the execution of an updated approval agreement with the USBR about groundwater banking with the Rosedale-Rio Bravo Water Storage District in Kern County. White said this will cut out the red tape and the board agreed. White said Mrs. White has been instrumental in getting this together and operable. The board thanked her.
Resolution 2024-04 dealt with the 10 qualified applications for good projects to be funded by the Community Infrastructure Program. One by the City of Los Banos was pulled but soon replaced by another application. The City of Firebaugh also has a good trail lighting plan. White laid out all the projects included in the applications. Most of them dealt with trails or ponds along water ways. The City of Gustine has a recharge basin plan to help with SGMA. I believe it was one of those multiple use plans where you play baseball in the summer and recharge during the winter. So, the board was asked to approve the awards totaling $580,000 and it did so.
Gov’t Mischief
Dave Cory has the task of reporting on water quality issues being addressed by the state. One meeting he attended had a clown car full of social “justice” warriors from some NGOs who made the usual claim that disadvantaged communities (DAC) didn’t receive the proper amount of outreach and urged the Regional Board accelerate the
process. That’s a bit contradictory; more outreach done in less time.
There will be a board of experts called to help get a nitrogen plan together. There is hope these experts will consider all the information. Things like surface supplies and soil conditions and the many other variables that need to be included in the final mix. Anything less will not be a path to achieving the desired results.
Legislative
White reported consultants have said most of the state bills have been moved through. Unfortunately, SB366 by Anna Caballero stalled out on the floor over a desire for some more language tweaking. It is hoped this will be brought back next year. This bill would have helped update the California Water Plan. There will be 30-new members of the state legislation next year and Ex Con (and everyone else) was urged to be ready to start educating them on water issues.
During the recent Congressional Hearing Chairman Cliff Benz was presented with some historical documents from the old Miller & Lux archives. Must have been many years ago when Benz’s family purchased some rangeland for cattle in Oregon from Miller & Lux. I attended that hearing but didn’t see that part. That’s an interesting connection. White said the field hearing went well. The San Joaquin Valley Sun is publishing testimony given at the hearing.
In the board packet the directors received a copy of a letter by California’s Secretary of Natural Resources, Wade Crowfoot to the Commissioner of the Bureau, Maria Camille Calimlim Touton stating California’s desire to continue with the San Joaquin River Restoration project.
Legal Report
Attorney Andy McClure said there are three items of litigation and some others of interest. McClure reported the entire subbasin now has one single GSP. There is pushback from some parties asking the court to rule on the previous GSP’s deficiencies. He said this is a waste of time since the version of the GSP the complaint is based on no longer exists but as an archived document. The new version has replaced it.
The Friant lawsuit was supposed to have a decision before now and no one is sure why the ruling has been delayed. Perhaps a judge is feeling under the weather.
The Del Puerto Canyon Dam has two cases – one from Friant and another from the Sierra Club. This might be consolidated next year. Wouldn’t that be something? Friant and the Sierra Club working together?
McClure said the good actor clause under SGMA has revealed some things. Two of the GSAs in the Tule Subbasin have called for exclusion from the probation fines and the State Board agreed. It looks like the staff is learning as it goes, as we all are. Perhaps the howls of stakeholder pain directed to the State Board staff over the opinion SGMA should be
followed written instead of how staff interprets it, have been heard. This isn’t expressly a case of the Good Actor clause being applied but it looks, smells and sounds like it.
Four Managers Report
Wiersma said SLCC will start making Hoffman’s life crazy by recalibrating its gates. It’ll take 30-45 days of releasing and stopping flows. He said the CEQA for some groundwater mitigation’s comment period has closed with only two comments that are being addressed.
Jarred Martin, GM Central California ID is partnering with Dos Palos on a canal lining and a bridge replacement. Part of CCID will be dewatered in December for some repairs and maintenance. He said August deliveries were good and things are moving along in a normal matter.
Mike Gardner, GM Columbia Canal Company, said his district is focusing on some canal work. He thanked Cardella for stepping up while he was recovering from his injuries.
Jeff Bryant, GM Firebaugh Canal Water District, said they have nothing going out to bid and will be working on internal. He said FCWD is being dragged through a never ending solar process. The District is preparing an equalization reservoir at the end of its system.
Informational & Closed Session
White said September 21st is the annual fishing expedition where Ex Con takes handicapped and disadvantaged children fishing at the O’Neill Forebay. December is the fall ACWA conference and that will necessitate a change in the December meeting date. He asked the managers to help with a tour for Congressman Josh Harder.
Under strict observation of the Ralph M. Brown Act the meeting then went into closed session for seven items of either a litigious, personnel or real property negotiation matter. Go be good to yourselves and each other.
DISCLAIMER OF RESPONSIBILITY; Waterwrights.net strives to provide its clients with the most complete, up-to-date, and accurate information available. Nevertheless, Waterwrights.net does not serve as a guarantor of the accuracy or completeness of the information provided, and specifically disclaims any and all responsibility for information that is not accurate, up-to-date, or complete. Waterwrights.net’s clients therefore rely on
the accuracy, completeness and timeliness of information from DAW entirely at their own risk. The opinions expressed in this report are those of the author and do not represent any advertisers or third parties.
*Sounds just like an impression by the great comedian Gabriel Jesús Iglesia. I think it’d be just like him to subtly substitute Dana for data.
ALL RIGHTS RESERVED. Copyright 2024 by WaterWrights.net/DAW
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, Cannon Michael-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.
