News

Farmers Left in Limbo After “Extremely Puzzling” Water Allocation Announcement

Byron, CA (February 28, 2017) – Byron-Bethany Irrigation District General Manager Rick Gilmore issued the following statement:

“In what’s shaping up as the wettest year on record, farmers in Byron-Bethany Irrigation District’s (BBID) Central Valley Project (CVP) service area are stuck in limbo, their water held hostage apparently at the behest of federal fishery agencies.

Today’s extremely puzzling announcement from the U.S. Bureau of Reclamation means some CVP users will receive a full 100% allocation in 2017, while many of their immediate neighbors, including BBID, will have to wait weeks to find out what this year’s water supply will be. This nonsensical, imbalanced approach introduces unnecessary and potentially costly uncertainty to many of the District’s growers, who are now forced to wait to plant crops.”

“As we have seen time and again, federal fisheries are hoarding water in a misguided effort to keep river temperatures at an arbitrary level to protect fish – at everyone else’s expense. Today’s announcement underscores how badly the water supply system, built to bring water to farms and communities, has been commandeered by environmental interests.

With months left in the rainy season, reservoirs are already filled. The Bureau itself acknowledged historic precipitation levels. There is plenty of water to go around. And yet, there is still no balance in sharing our overflowing supplies between mounting environmental demands and the water users who fund the system and rely upon its supplies. Our growers expect – and deserve – better.” – Rick Gilmore, GM

February 28, 2017 in District News Comments (0)

Solutions Proposed to Fix State Water Management

Sacramento, CA (February 6, 2017) – New legislation introduced Monday by Assemblyman Adam C. Gray (D-Merced) would make sweeping, necessary changes to California’s water management. Assembly Bill 313 seeks to fix the state’s broken water rights system, removing critical conflicts of interest that improperly allow state agencies to act as prosecution, judge and jury.

“BBID is proud to stand with Assemblyman Gray in support of AB 313,” said BBID GM Rick Gilmore. “The solutions outlined in the bill address some of the most pressing issues in California water, which the District faced first-hand.”

For the better part of a year, BBID fought to protect its pre-1914 water rights, on behalf of the district’s farmers and senior water rights holders across the state. A $5-million complaint brought by the State Water Resources Control Board (SWRCB) alleged BBID diverted water when none was available. The case was dismissed by the SWRCB last June, citing lack of evidence. Following the case dismissal, BBID pledged to take an active leadership role in a collaborative effort to help solve the state’s water issues and bring clarity to California’s water rights.

AB 313 would revamp the state’s water rights administration and enforcement, as well as the State Water Project. It would transfer the existing authority of the SWRCB over water rights to the Department of Water Resources (DWR), which has expertise and is better structured to handle water rights matters.

“The current system allows the State Water Board to conduct water rights hearings in which Board staff act as prosecutors, presenting a case to Board members who act as the judge, in a court the Board runs themselves,” Gilmore said. “This unchecked power prevents water right holders across the state from being fairly treated.”

Under AB 313, enforcement proceedings would be conducted by a neutral third party, in the form of a newly-created Water Rights Division under the Office of Administrative Hearings (OAH). A new State Water Project Authority would assume DWR’s current authority and water rights for the State Water project, eliminating the potential conflict of DWR administering and enforcing water rights, while possessing water rights of its own.

Though the current model of California water governance has gone largely unchanged since 1969, experts warn improvements are necessary to meet the needs of the future. A 2010 report from the Little Hoover Commission, Managing for Change: Modernizing California’s Water Governance, urged legislators in no uncertain terms to restructure the system that “…leaves the state ill-positioned for the challenge of managing its water resources.”

February 6, 2017 in District News Comments (0)

Byron-Bethany Irrigation District Commends Hertzberg Senate Committee Appointment

Byron, CA (December 22, 2016) – Byron-Bethany Irrigation District General Manager Rick Gilmore issued the following statement:

“Byron-Bethany Irrigation District applauds the selection of Senator Bob Hertzberg (D-Los Angeles) as chair of the Senate Natural Resources and Water Committee. Senator Hertzberg has spent more than 40 years studying the complexities of California water policy, and is an ideal candidate to help the state’s water community seek solutions in a great time of change.”

“We collectively face unprecedented challenges, from the sixth year of our historic drought, to renewed focus on water efficiency and storage, to the critical balancing of the needs of our cities, agriculture and the environment. Senator Hertzberg has already pushed pilot programs for capturing more stormwater and recycled water, as well as introduced legislation to stop wasteful dumping of treated water into the ocean. We look forward to partnering with him on California water solutions.”

December 22, 2016 in Legislative & Legal Affairs Comments (0)

Landmark Water Rights Case Moves Forward

Santa Clara, CA (September 30, 2016) – A historic case brought to protect some of the oldest water rights in California is moving forward. In Santa Clara County Superior Court on Friday, September 30th, Judge Peter Kirwan ruled that there is sufficient legal cause for the case to proceed.

The Byron-Bethany Irrigation District (BBID) filed the action last June, challenging the unlawful curtailment notices sent to pre-1914 water rights holders, including BBID, by the State Water Resources Control Board (SWRCB). The unprecedented notices sought to prevent senior water rights holders from lawfully exercising their water rights.

“We are pleased with Judge Kirwan’s decision,”said BBID General Counsel Michael Vergara.“It reflects the gravity and complexity of this case, and refuse s to allow the SWRCB to escape its illegitimate decision to carelessly threaten the livelihood of people and businesses that depend on water from BBID and similarly situated water right holders.”

BBID recently prevailed in a separate administrative hearing before the SWRCB, which brought an enforcement action accusing the District of diverting water when none was available, threatening a $5 million fine. BBID’s legal team argued that careful analysis of the data proved the SWRCB was ultimately incorrect. In June, the SWRCB dismissed its complaint, citing the prosecution team’s failure to prove its case. The action before the Superior Court in Santa Clara was filed by BBID before those proceedings began, and has since been amended to reflect the outcome.

In addition to attempting to bring clarity to – and protect – senior water rights in California, BBID is also seeking to recover its costs of purchasing additional water last year, as well as recover substantial legal fees and other costs associated with the SWRCB’s enforcement action.

SWRCB attorneys argued in court Friday to have the case thrown out, but the judge disagreed. In a procedural ruling, the judge also opted to allow the State Water Contractors, an association of 27 public water providers, to become a party in the case.

Meanwhile, BBID has a separate action pending in Sacramento County Superior Court, challenging the SWRCB’s improper assertion of jurisdiction over pre -1914 water rights, as set forth in its dismissal of the enforcement action.

“Grappling with these complex legal issues is part of our duty to protect the water rights that provide the very foundation for our communities,” said BBID GM Rick Gilmore. “These cases have real impacts for not only the multi-generational family farmers in our district, but for senior water rights holders across the state.”

Read the Joint Case Management Conference Statement here.

September 30, 2016 in Legislative & Legal Affairs Comments (0)

San Luis Reservoir Storage Sinks to “Shameful” 25-Year Low

Los Banos, CA (August 5, 2016) – The San Luis Reservoir has fallen to just 10% capacity, its lowest level in 25 years.

“These pictures speak volumes about the gross mismanagement of the Central Valley Project ,” said Byron- Bethany Irrigation District (BBID) General Manager Rick Gilmore. “We simply cannot continue to prioritize failing environmental policies over the survival of agriculture.”

Despite above-average rainfall this year, the U.S. Bureau of Reclamation announced in April a 5%  allocation for south-of-Delta Central Valley Project (CVP) contractors, a harsh blow for farmers in BBID’s CVP service area near Tracy. The CVP was started in the 1930s to transport water from reservoirs in Northern California to the Central Valley, largely for agricultural use. However, before this year’s 5% allocation, farmers in BBID’s CVP service area were hit with a zero-percent CVP supply for three straight years. While Shasta Lake sits three-quarters full, San Luis Reservoir, where water from Northern California is stored, is dwindling.

“The broken state of San Luis Reservoir reflects the broader reality that the CVP, as a water supply project, has been broken by the policy choices of the Federal government,” said Jason Peltier, executive director of the San Luis & Delta-Mendota Water Authority.

“The unending practice of taking water from human use and giving it to fish in hopes of helping the fish is a failed enterprise,” Peltier added. “The fish are not responding at all. At the same time human, social and economic destruction continues to accelerate. Shameful.”

August 5, 2016 in District News Comments (0)