The Westlands Water District held its board of directors meeting on Tuesday, April 19, 2022 at its Fresno headquarters and on Zoom. Chairman Ryan Ferguson called the meeting to order at 1:00pm. There were no additions or corrections to the agenda but they did move item 9a to the head of the que.
The Meeting
Item 9a dealt with an update on the storage treatment aquifer recharge program the district is considering. Chuck Gardner and Curtis Creel of the Hall Mark Group were on hand to give a power point presentation. Unfortunately the way the Westlands boardroom
is configured the big screen is hung at the back of the room, above and behind the public seating. As with many presentations containing visuals what I did see while craning my neck had a lot of text. The packet didn’t include the presentation. Gardner said they’ve been working with WWD’s Shelly Cartwright on finding grant opportunities. Gardner pretty much laid out a concept that will treat brackish water in four 10,000 a/f reverse osmosis treatment plants and then recharge the water in the aquifer at a 30,000 a/f recharge basin with 16 recovery pumps. There is still a brine line and they suggest planting hemp to do salt uptake. There are many questions that go along with this; is there conveyance? Does it pencil out cost wise?
Gardner said there is a model that eats 12,000 equations with 28,000 variables reaching back 80-years and has been adjusted to account for today’s conditions. They ran all manner of scenarios like 215 water through it. The r/o costs could be $300 per a/f and he said that may well be higher than the actual costs but he wants to figure conservatively. He said the $10 million per treatment plant looks like a pretty solid estimate. Much like the State of California the storage basin proposed would be located towards the north end of the district although the demand is greater towards the southern end.
WWD General Manager Tom Birmingham asked if the model is predictive or better used as a comparative tool. Creel said unequivocally it is a comparative tool. He said the model baseline is set at importing expensive north of Delta water at $600 a/f or more. But there are times when 215 water or Kings River flood flows could be available and the model is programmed to take into account all the various scenarios.
Gardner said the recharge is independent from the treatment portion of the program and either can be used in a standalone manner. Gardner said many other things about cost and there is a bioremediation team to help with the brine line pilot program. There also may be a solar plant included to help offset the power costs with r/o. Financing and how to manage the groundwater credits are still being looked at and Hallmark is ready to come back next month with more info.
GM Report
Russ Freeman reported on water supply saying the district is getting zero CVP allocations and will have to use carryover from last year and outside purchases. He said I believe there is 175,000 a/f of surface water available this year. Director Jim Anderson asked if there is a better accounting of water diversions in the Delta and Freeman said the State Board says it’s tracking the situation but he isn’t too sure there is going to be any enforcement.
Tom Boardman gave the water report saying Shasta is in poor shape. The recent rains yielded less than 20,000 a/f. There is a good deal of fallowing in the Sacramento Valley. Folsom Reservoir has been downgraded and not to expect it to fill. Maybe only 600,000 a/f by the end of May. The snowpack is not what was expected. Boardman said the US Bureau of Reclamation is counting on Folsom to provide 65 percent of the Delta flows to make up for Shasta’s lower contribution.
Boardman said there is only 1,500 cfs being pumped total by both the state and feds. Water quality is the concern at this time impacting outflow to minimum pumping, which the 1,500 cfs is, minimum. He said unless there is an usual late storm that’s how it’s going to be all summer long.
General Manager Tom Birmingham said in March he signed off on a MOU for the current Voluntary Agreement to help save what could be saved of the Central Valley Project
supplies from the through Delta flow increases. He listed a number of agencies and districts who also signed. But you know who didn’t? The districts with water rights on the tributary rivers of the San Joaquin like the Merced, Stanislaus and Tuolumne Rivers. Birmingham said this is not a final step but more of an agreement to agree at some point. He said WWD will be giving up some water. There will be a new way of making decisions concerning wildlife protections. Birmingham anticipates the San Luis Delta Mendota Water Authority to sign on.
After being queried by Anderson Birmingham said there are agencies that want more certainty before signing the MOU. He said the alternative to the VA is the State Out of Control Board adopting a 55 percent through Delta flow. This VA is in addition to the 2019 biological opinion. He said if the 2019 opinions are changed the wheels come off the bus and the VA falls apart.
Cartwright gave a legislative report saying the Biden administration recently launched the America the Beautiful Challenge. Not sure how or if this will work but it is supposed to restore all kinds of things.
Elizabeth Jonasson gave the public outreach report saying the social media engagement is improving. The job posts used to be the most popular but she asked everyone to send photos her way. She’s been involved in many school events presenting to children.
At this time the public was invited to ask questions. Grower Sarah Woolf asked about the VAs chance to get a 65 percent allocation on average if the 2019 biops are maintained and the state and the feds adhere to the Cooperative Operating Agreement. Birmingham said yes. I believe if all of this were to be in effect right now Westlands would be getting more than a zero allocation. Birmingham said the Delta outflow under D-1641 is assumed as a different hydrological year than the one now happening due to the wet fall. Birmingham
said 1.6 million a/f historically used for farming has been diverted to enviro water flows. If the State Board kicks the VAs under the bus and runs wild the State Board will take another 2 million a/f from agriculture. There are agencies in the Sacramento Valley that are willing to pay a surcharge – a surcharge not required – so that and other similar voluntary actions give some credence to the term “voluntary”. Although there are plenty of folks from the tributaries who feel more like there’s a gun to their head.
More Water Policy
Engineer Kiti Campbell spoke about moving non CVP water through CVP facilities. This will require an agreement between whoever wants to use CVP conveyance and the USBR covered by the Warren Act. The board agreed to adopt a resolution to execute a Warren Act contract.
Freeman said the SLMDWA wants WWD to execute an activity agreement for the costs of raising the B.F. Sisk Dam at the San Luis Reservoir. This agreement will cover hiring a consultant to help keep things in line. The eventual cost to raise the dam could be more than $500 million. But for now Westlands is being asked to share the first $1 million for the first phase. This expenditure would not obligate the district beyond Phase One. Ultimately this will add another 10 feet to the proposed 12 feet already planned and increase storage by 130,000 a/f. This was an informational item so no vote was required. That happens sometimes. And there will be a special meeting soon to discuss this matter in more detail.
SGMA
Campbell spoke saying the 2021 GSA annual report was submitted on time and staff has begun developing a well review permit under the Gov’s order. Campbell said the GSA was already considering well permits but now it has to review any permits the county wishes to issue. Attorney Jon Rubin said the counties are still working through this process. At this time there hasn’t been any determination if the county or the GSA has a liability under this order. As one farmer said it doesn’t matter how many holes are in the ground it’s how much is pumped.
Campbell gave an update on groundwater conditions and used a map showing the 894 wells in WWD. The wells are color coded to show which wells are drawing above and below the Corcoran Clay and if they are double screened to draw from both. The board also adopted a resolution to get grant money by applying to the California Department of Conservation. During her report Campbell showed subsidence maps that strongly indicate most of the district is stable with little to no subsidence. Good for them. The board almost adopted a resolution for including certain draft proposals to support the GSP but there were two different versions circulating.
The board was also invited to provide input into portions of the Westside Subbasin GSP not yet finalized. These portions deal with groundwater allocations and penalties. This resulted in a long discussion. Everyone agrees it’s best to finalize the GSP to give some certainty. Attorney for the GSA Scott Slater commented the first hurdle is getting the GSP accepted by DWR. He said you can adjust the plan as data is received. He said DWR has in effect issued a fix it traffic ticket that can be signed off without penalty in five years or less. For a while it sounded like the board was going to make a change to the plan, then it sounded
like it wouldn’t and then it sounded like it would. Jeff Fortune is the new director and he said he isn’t ready to decide today. Ferguson urged the board to hold a special meeting to go over this. Then they all talked about it some more. Ruben lent his gravitas to the idea of holding a special meeting.
At that point the public was asked for its opinion. Grower Justin Denier said the point is to get DWR to approve the GSP. Grower Dan Hartwick said certainty is very much needed. Grower Tom Coleman spoke up saying there needs to be a balance. He told the board not to throw the growers out with the SGMA bath water. There will be a special meeting
Finance
Next CFO Bobbi Ormonde advised the board to move some money into the Local Agency Investment Fund and they passed a resolution directing that to be. Then they changed the bank signatures. The board also set the 2022 benefit assessment hearing date for May 22nd.
Birmingham told the board Westlands staff believes there is a need for a $227,000 science consultant program. The board agreed. The board also agreed to change its advanced ag water service payment. Birmingham said there has never been a case where this payment hasn’t been made. So the board agreed. The board also approved paying its bills and the financial report. Good for Bobbi.
Other Considerations & Closed Session
Next Ormonde told the board Maricopa Orchards and California Land Company have requested a consultant to oversee the next Westlands election. There has been some misunderstanding about the procedure for an unnatural person voting. At first blush it
sounds like a good idea to prevent livestock or perhaps perverts from voting but I find out an unnatural person is a corporation. Staff responded that staff would have to vet and train a third party voting consultant to oversee a vote.
Birmingham has said a number of landowners have expressed concern about this matter. He said however there is a reduction of rejected ballots in the most recent election. He said one way to reduce rejected ballots further is when an election is call issue all landowners a form for them to state their proxy and have it on file. If the form isn’t filled out properly
that can be corrected before the election. Director Kevin Assemi said he knows Ormonde and her staff works very hard and does their best. Assemi asked if the form could be attached to the ballot. Birmingham said that would violate the constitutional requirement of the secrete ballot. He went on to say the only exception ruled by the State Supreme Court is for 218 Elections where the voter can be listed on the ballot. A water district counts acreage not individual voters like an irrigation district. Corporations, partnerships and trusts can own land and issue proxy votes to representatives.
Grower Tom Coleman said he has proxy for six entities and he would like to see a standard form. Grower Ross Franson said he’d like to see better outreach. Birmingham said notices can be sent and in 30-days if the form hasn’t been received or it was filled out a follow up mailing can be sent. He also said Fresno County has declined to supervise the vote and even if a third party is hired the election still has to legally take place under the aegis of Ormonde as she is the secretary. The next election will be noticed in June if an election is called. I asked how other water districts conduct their elections. In my
experience this problem is unique to Westlands. Some water districts have one big owner who takes the cake every time. Some just hold an election and you come to the office to vote. There isn’t a standard. Assemi said the confusion has been over the forms. Birmingham said he’s sure Assemi is correct but at some point the voter must take some responsibility. Ormonde suggested all landowners be contacted because the APN ownership isn’t always kept current by the county. Grower Jon Reiter said notice the authorization must be completed for the vote to count must be made evident. Birmingham agreed and thanked Maricopa Orchards and California Land Company for bringing this up and acknowledging staff in their letter.
Next the board approved revising the salary code table, I think they gave folks a raise. Good for them. Then the board passed a resolution telling the Local Agency Formation Agency some annexation was declared CEQA non-grata or exempt as some call it.
The meeting was adjourned into closed session at 5:21pm for a whopping 34 items. Poor guys.
Sometimes Westlands meetings drift off into so much formality it makes the meeting very complicated and long, really long. But consider how big the target on its back is. If you read the clippings from mainstream media you know there are those out there demonizing Westlands with innuendo and inaccurate information. I can understand why they dot their “i’s” and cross their “t’s”.
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Westlands Water District
3130 N. Fresno Street, Fresno CA 93703 Phone:559/224-1523
Board: Ryan Ferguson -President, Frank Coelho Jr. – Vice President, Jim Anderson, William Bourdeau, Kevin Assemi, Ceil Howe III, Daniel Errotabere, Stan Nunn & Jeff Fortune..
Staff: Tom Birmingham-General Manager, Jon Rubin-Attorney, Jose Gutierrez-COO, Russ Freeman-Deputy GM Resources, Elizabeth Jonasson-Public Information Officer, Shelly Cartwright-Associate GM Water Policy/ Public Affairs Representative, Kiti Campbell-Supervisor of Resources, Bobbie Ormonde-VP of Finance & Administrative Affairs
About: Without irrigation, farming in the Westlands area of California would be limited and ineffectual. The history of Westlands is one of continual adaptation, careful water stewardship and advanced technology. By maintaining a fierce commitment to sustainability, the Westlands’ comprehensive water supply system continues to adapt, educate, and surpass conservation goals. Throughout its history, Westlands Water District has demonstrated a lasting dedication to water conservation and recognized that the long-term survival of its farms depends on the effective management of California’s precious water resources. From www.wwd.ca.gov
