By Don A. Wright
The Westlands Water District held its board of directors meeting on Tuesday, August 20, 2024 at its Fresno headquarters and on Zoom. Director Kevin Assemi was participating online. Under the Brown Act if a director of a public agency like Westlands isn’t able to attend the director can participate remotely provided the physical location he or she will be – is accessible to the public and notice of the location is given in advance. According to the agenda Assemi was hanging out in Aliso Viejo, California, inland a bit and east of Catalina Island.
The Meeting
Things kicked off at 9:03am with Chairman Jeff Fortune dropping the gavel. The first item was any changes to the agenda. There were none and the consent calendar was passed. That included the minutes and account payable and budget transfers.
GM Report
Alison Febbo reported that Karen Clark will be leaving after many years of service to the folks at Westlands. Where does the time go? Ms. Clark has been at Westlands for as long as I’ve been attending but she looks as young as when I first started. And her leaving took me by surprise. Change is inevitable but I’m sad to see her go, and I’m sure I’m not the only one. She has always been kind and considerate. Thank you, Ms. Clark.
There is going to be a big deal 10:30am August 22nd with the Pasajero Rechange Project with a clown car full of dignitaries showing up to recognize the importance of improving infrastructure. Director Frank Coelho emphasized the need of surface water, surface water, surface water. He said with that many people of influence in one spot that must be preached or Westlands will dry up and blow away.
The location is 39351 S. El Dorado Ave., Coalinga El Dorado Avenue an the Coalinga Canal, a bit south of Harris Ranch Inn near Coalinga.
Febbo said there is a long term operations consultation and Voluntary Agreement discussion taking place that will impact exports from the Delta. She said the VAs are expected to release a draft next month and she hopes to get a heads up before then. There needs to be verification the VAs are consistent with the MOUs already signed.
There are export reductions on the table. I’m not sure there is any evidence cutting water to the San Joaquin Valley provides any benefit to fish when all the other stressors are ignored. The proposed Fall X2 regulations are particularly troubling. The hope is those signing off on the biops will have learned from experience.
Febbo said Westlands and others are asking the US Bureau of Reclamation to please help protect supplies. I believe the water entities are asking for adaptive management and the state wants to use the old calendar system of just assigning dates when fish might be in a location that would require cutting back on exports.
Water Report
Russ Freeman gave the water report saying there is some extra supplemental water available at this time. Tom Boardman gave his report saying Shasta has 3.16 million a/f as of midnight last night and that is tracking average. That means the carryover amounts should also be in line for the coming year. He said the Trinity Reservoir is above average and that will be helpful for the temperature control coming out of Shasta. Folsom Reservoir is also in good shape.
Boardman said most of the month Jones was at three units (three out of five pumps) due to salinity intrusion. All five are now up and running for the rest of the month. There are more regulatory hurdles related to salinity starting September 1st. He said if tidal actions send more ocean water inland the pumping may be reduced.
There is more than 400,000 a/f at San Luis Reservoir with a noticeable slow down in demand. He expects at least 400,000 a/f at the end of the water year. He said this is a problem because there should be only 100,000 a/f of federal water in SLR at the end of August under this year’s conditions. This is shining a glaring light on the bad allocations the Bureau has doled out. The Bureau is maintaining this extraordinary amount of water in storage is due to growers conserving water. However this is water that needs to be recharged and there should be another 10-percent allocation at the minimum. It’s one thing to be short of water and another to have the water south of the Delta in storage, in the time of SGMA, and hold it in a reservoir. This could lead to an early fill at SLR next year and that would cut back the amount of new storage available.
It appears the Bureau is making allocations on estimated demands. When the growers don’t take all the water the Bureau estimates they will the Bureau considers it has met its obligations and doesn’t have to allocate anymore. Westlands has been forced to pump 100,000 a/f of groundwater while there is 400,000 a/f in storage. Boardman said it doesn’t make sense. Febbo said they are setting up several meetings with Bureau leaders to push back on this misallocation. Coelho reiterated getting policy people to step in.
The Central Valley Operations Office plays a big part in making this decision and it looks like there has been a philosophical change at the Bureau. Who is the CVO? Go here and take a look. The ultimate decision and responsibility goes to Karl Stock. Stock has newly taken over as the Regional Director for the USBR. Stock is new to the position and when I’ve spoken with him I have no reason to believe he’s trying to harm farmers on purpose. Hopefully the folks reaching out to him who have to live or die by the allocations will have a positive impact and restore common sense in the allocations.
Grower and WWD Board candidate Lindsay Cederquist said the State Contractors are also experiencing allocation problems and suggested teaming up with them. Fortune said it’s clear there are once again bureaucrats trying to meet the needs of the Valley without understanding what they are.
Other Gov’t Mischief
Congress is out to lunch for a while what with the Chicago Circus taking place and all. There will be a Congressional Water Hearing at Santa Nella near Los Banos on Friday September 6th. This is being organized by Congressman John Duarte. There are other bills on the state level that will bring in economic activities to the local communities. Director William Bourdeau said creating jobs is the best economic boost possible. The large solar project proposed for Westlands is an example of bringing jobs and keeping the tax base up as the water goes wherever. Speaking of water going wherever there is a bill by State Senator Anna Caballero to help with accounting for water in the state.
Public Outreach
Bummer to learn Westlands Public Information Officer Elizabeth Jonasson was ill but she soldiered on by reporting online. She asked folks with old photos of Westlands to please share them. There were events where Westlands was able to share its story like the recent Water Forum held by the California Water Alliance. Jonasson said they’ve cracked the code to boost social media somewhat. Bourdeau said he’d like to see more investments in
boosting the message. Also, Febbo and Friant Water Authority’s CEO Jason Phillips spoke on the Maddy Report.
O&M
Kelly Vandergon reported about electrical maintenance and repair as well as painting facilities around the district. There are always equipment issues that could impact conveyance. Director Jim Anderson asked if the district uses pipe-lining and Vandergon said the challenge is pipe diameter. He said it becomes cost prohibitive for pipes with a diameter larger than 36”.
Anderson also asked if the capacity reduction is being considered as new pipe is laid. As cropping patterns and land use changes – largely due to surface water supplies – the amount of conveyance needed is going to be different. That means the infrastructure needs to change as well or else money could be spent on unnecessary things.
Vandergon also reported beefing up the meters to help the district with its pumping
records. Director Justin Diener suggested the growers need to state if they remove a meter from a well they will either replace, repair or not use the pump. That sounded pretty good to most folks I think. You can read about this in the San Joaquin Valley Sun, click here.
Outside Agency Reports
Bourdeau reported on the Family Farm Alliance saying Ea’mon O’Toole was added to the board after his father, Chairman Pat O’Toole untimely passed away during the annual FFA conference in Reno, Nevada last February.
The Finance & Admin Report
Freeman reported the outage on the intertie pumping plant explosion linking the Delta Mendota Canal and the California Aqueduct fortunately occurred during the decreased Delta pumping due to the salinity issues. No supplies were lost. Had it happened at during a time when all five units were running that would have been a mess. Also, there was no loss of life or injury. PTL.
Steve Farmer reported on the investments WWD uses. He then said the board needs to consider the rate stabilization fund may or may not need an unrestricted net position for fiscal year 2023-2024. I don’t what he was talking about* but it involved more than $20 million.
Next there was a salary scheduled that needed approving and the consideration of allocating Cushion Water & System Gain Water with Unsubscribed Supplemental Water. As I often do, my recommendation, if you want the straight skinny on the finance – this is all available in public documents.
There was a bit of discussion on the supplement water item. It was suggested Metropolitan Water District and the Santa Clara Valley Water District be contacted about incorporating banking within Westlands. Banking is often a win/win for both the banker and depositor. You have extra water and instead of losing it you can recharge it in a bank. It is a common practice there be a “leave behind” amount. You bank 100 a/f and have to leave 10, 15, 25-percent behind. The left behind water stays in the ground for the district to use. In this case costs of the different water sources i.e. surface and banked can be blended and the savings passed on the growers. Or even if not cheaper, at least there will be water available.
There were further questions from growers. Sarah Woolf asked if there is no advanced payment how is there prepayment? A good question and it wasn’t just a matter of semantics. If I understood a grower would put down a slug of coinage in September for this supplemental water and that wouldn’t be spent until the water is released for delivery. I believe the big change is starting this program in September instead of the next January. Jose Gutierrez said if supplies go up by January, he suggests authorizing staff to incorporate those change in the program. I believe that was accepted by the board.
Dan Errotabere said tiered pricing was tried in the past and it didn’t work well. He urged the board and staff to proceed with caution. Director Jeremy Hughes said making this a blanket for all growers can be a punishment. He doesn’t want to be forced to participate in purchasing water he doesn’t want. He said he can take a smaller loses by fallowing his land than having to buy this water.
Director Ross Franson asked if a grower could opt out of the supplemental water program. If I understood the answer is no – unless – a grower agrees to take less than 50-percent of the prorate allocation. Will Coit asked if a grower could have some opt in and opt out opportunities to participate in the supplemental water project. I believe that would require a change in the current contracts. Hughes asked if this water could be banked, even if outside of the district. Febbo said it would be better to bank those supplies within Westlands even if it is sold to an outside agency.
Assemi asked if there is a case where this water could be sold to the State Water Project as those poor folks are paying more than the Central Valley Project costs. The board voted and Hughes was the lone no vote.
SGMA
The Sustainable Groundwater Management Act was the next topic. Kitti Campbell gave the board an update. She said the Sustainable Groundwater Plan rewrite is ongoing. There is recharge testing taking place at the Pasajero Facility and that will eventually count as credits.
Next Campbell told the board it should consider whether or not to form a steering and outreach committee for the Westside Subbasin Multi-benefit Repurposing Program. She recommends including two program partners, two technical partners, Campbell and one member of the public in the steering committee. Jonasson and similar members are suggested for the outreach committee. Multi-benefits include recharge, solar and other changes in land use.
Bourdeau asked how many acres are involved. Campbell said that amount hasn’t been determined yet. This committee formation is part of the finding out an answer to that question. Also the district received millions of dollars in grant funds to apply to the subbasin and developing a multi-benefits strategy would be a good investment of those funds.
What are the alternatives to allocating groundwater in Westlands? Freeman said this applies to lands outside the Westside Subbasin but within WWD – yet doesn’t receive surface supplies from WWD. There is a variance to this because according to the
Department of Water Resources land in the subbasin must have alluvial aquifers. Not all of Westlands, particularly on the west side of the district, overlays an alluvial aquifer. Bourdeau wisely noted the general amazement of the accuracy of DWR in this case of drawing lines on a map and maybe not so accurate in other areas. It was said the Westside Subbasin eastern border almost magically follows WWD’s eastern border.
The questions are would these lands (about 3,800 acres) receive groundwater credits and would that make the waters going there exports? Also, is this legal? Attorney Elizabeth Esposito will review that matter. Jon Reiter said those growers in that area should be able to benefit as members of the district. Cederquist said if this land is found to be outside of the subbasin it wouldn’t be white land and therefore unaccountable to SGMA. Something to consider for sure.
Strategic Plan
Febbo gave an update on the Strategic Plan and said a draft was presented to the board and she’d prefer not to group edit in this meeting. I knew I liked her the moment I met her. Writing sentences by committee is one of the most soul draining experiences I’ve ever gone through. Fortunately, the board agreed and while comments were allowed there will be a grower meeting to go over this and solicit input. Coelho recommended including more photos of tomatoes and only include crops grown in the district, of course with positive images.
Febbo walked the board through the draft and also asked the board to modify the mission statement slightly. I didn’t catch the nuance but it emphasized the importance of the corps grown. There was also a suggested change to the vision statement. The photo on the introduction page looked like it was of a young cotton plant. There were several other pages reviewed. It was a pretty good effort and there might be a few tweaks, but it was as Bourdeau said, “A worthwhile effort.” It was also noted the new headquarters may not yet have had a direct improvement in recruiting new employees – it has been good for current employee happiness.
Next was something I’ve never heard of before in more than 25-years of reporting on
water. There is a lottery for a parcel of land, 320 acres, on Tuna Creek in Shasta County that a charitable land trust is getting shed of. Entry in the lottery is limited to government agencies and non-profits. I think this land is adjacent to property Westlands owns and is something that could be regifted to an Indian tribe or the forest service. The board approved.
District Elections
Febbo reported staff has been working diligently to shepherd this process as smoothly as possible. In the past Westlands has received a good deal of criticism for the voting process. There are complications in a water district you don’t find in most elections. Water District votes in California are based on landownership. If you own 100 acres in Westlands you get 100 votes. (There are some additional factors that may weigh the vote like the amount of assessments paid due to services received.) In an Irrigation District voters get one vote per registered voter within the district’s boundaries. Westlands has been working to improve the process and still be legal.
Grand Jury
The Fresno County Grand Jury investigated Westlands over its website. There was a
question of the district’s website being compliant with the rules regarding government websites. Gutierrez said the Grand Jury found Westlands’ site pretty much Ok. Esposito said a letter responding to the Grand Jury’s recommendations and its efforts to comply has been sent. Someone or some organization brought a complaint about government websites in Fresno County in general. This wasn’t specifically a charge against Westlands.
BF Sick Dam
Febbo reported negotiations are either winding up or about to be put on hold over the implications of raising the BF Sisk Dam on San Luis Reservoir. The main issue is Westlands is investing in the SLR and it believes it has a right to the additional storage. The Bureau, evidently believes since this is a federal facility it can move that water in and out. Bourdeau commented it is discouraging the federal government is discouraging investment in water infrastructure.
In the meantime, the costs are going up. It could be a billion dollars. About half that cost is moving Highway 158’s route to make room for more water in the reservoir. Having
certainty of the investment benefiting the district’s growers is vital to continued participation. It’s a shame there is even a question of benefits accruing to investors.
Public Comment & Closed Session
Under public comment Coit said Westlands is doing the feds and the state a major service by helping them a problem. He was referring to giving the lottery land to an Indian tri be. He said Westlands getting land to the Indians highlights its good will and actions.
There were 28 closed session items dealing with personnel or real property negotiations or lawsuits and the meeting adjourned from open session at 12:09pm. Go be good to yourselves and others.
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*Farmer was clear in his presentation, the Board seemed to understand the information. I just didn’t want to stop the meeting and request a tutorial on government accounting and investing regulatory matters.
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Westlands Water District
286 W. Cromwell Ave, Fresno, CA 93711 Phone:559/224-1523
Board: Jeff Fortune -President, Jim Anderson – Vice President, Frank Coelho Jr., William Bourdeau, Kevin Assemi, Ross Franson, Jeremy Hughes, Ernie Costamagna & Justin Diener.
Staff: Allison Febbo-General Manager, Jose Gutierrez-Lt. General Manger, Russ Freeman-Deputy GM Resources, Kitty Campbell-Supervisor of Resources, Steve Farmer-VP of Finance & Admin Affairs, Elizabeth Esposito-In House Counsel, Kelly Vandergon-Director of O&M, Jim Carter-IT Guru and Elizabeth Jonasson-Public Affairs Officer.
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
SGMA: Westland WD is in the Westside Subbasin and the Westlands WD GSA. DWR #5-022.09
