Byron-Bethany Irrigation District Honored with Statewide Water Award

Monterey, CA (May 10, 2017) – In recognition of its victorious, high-stakes stand to protect some of the oldest water rights in California, Byron-Bethany Irrigation District (BBID) was honored Wednesday with the 2017 ACWA (Association of California Water Agencies) Excellence in Water Leadership Award.

According to ACWA, the prestigious annual award recognizes those who make a “remarkable and visible contribution to the enhancement, protection or development of water resources in California.” The award was presented at ACWA’s Spring Conference in Monterey to BBID GM Rick Gilmore, and BBID Board President Russell Kagehiro, who accepted on behalf of BBID’s Board of Directors.

“On behalf of the entire District, we extend our deepest appreciation to ACWA for this incredible recognition,” Kagehiro said. “Our fight was not only for BBID, but for districts statewide, whose water rights provide the backbone of the communities we collectively serve.”

“Providing reliable water is the essence of our mission,” Gilmore said. “Though it wasn’t easy, we had no choice but to take the lead, navigating extreme regulatory uncertainty to defend the water supply that is rightfully ours.”

ACWA President Kathleen Tiegs, left, poses with BBID GM Rick Gilmore, center, and BBID Board President Russell Kagehiro.

Amidst harsh drought in 2015, the State Water Resources Control Board (SWRCB) issued unprecedented curtailments, and subsequently accused BBID of taking water when none was available, threatening a $5-plus million fine. BBID’s legal team fought back to preserve the District’s pre-1914 water rights, disproving the state’s arguments. The SWRCB eventually dismissed the case, securing a victory that would resonate throughout California’s water community.

“Byron-Bethany’s district staff and elected officials understood what was at stake for their community,” said ACWA President Kathleen Tiegs. “Their foresight, leadership and ability to build consensus in the face of extreme challenge kept water flowing for the residents, farmers, agricultural workers and families in their multi-county service area.”

BBID was nominated for the Excellence in Water Leadership Award by the San Luis & Delta-Mendota Water Authority (SLDMWA), a collective of water agencies representing more than 2 million acres of 29 federal and exchange water service contractors.

“California is blessed to have thousands of dedicated water leaders who make our incredible water management system work so well,” said SLDMWA Executive Director Jason Peltier. “When leadership shines through most clearly is in a time of crisis, and Rick and his Board earned this award by leaning forward into the regulatory machine that now controls so much of our system. It took guts and commitment to secure justice. They did it.”

The 2017 Excellence in Water Leadership Award.

Demonstrating BBID’s deep connection to its community, numerous Letters of support were submitted on BBID’s behalf, including one from Gay Costa of the Mountain House School District.

“Mr. Gilmore, the BBID Board, and their staff went into the hearings with the weight of our farmers, ranchers’ community and this school on their shoulders,” Costa wrote. “The students witnessed a pillar of their community stand up for their right to carry on their family business and continue a culture deep in tradition and pride.”

Farmer Mike Sandhu also wrote in support of the District, “Without BBID’s stand, growers could have been stripped of our livelihoods and driven off our land that, for some of us, goes back generations. Their commitment secured our children’s futures. We have the water we need today – and tomorrow – thanks to BBID.”

Another letter was submitted by former BBID counsel and current in-house counsel for Placer County Water Agency, Dan Kelly.

“While, in certain circles, BBID’s decision to challenge the SWRCB’s curtailments was not popular – it was the courageous thing to do,” Kelly wrote. “Leaders are not people who simply fall in line. Leaders are people who make hard decisions; often unpopular, to achieve the right and just result. Rick Gilmore and the BBID Board of Directors did just that.”

As part of the Excellence in Water Leadership Award, BBID will be privileged to present a $5,000 charitable donation to a non-profit organization of their choosing that works toward the enhancement and protection of California’s water resources.

WATCH: Click below to see BBID accept the 2017 ACWA Excellence in Water Leadership Award!

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.

Byron-Bethany Irrigation District Issues Statement Regarding Draft Ruling to Dismiss Complaint

Statement from Byron-Bethany Irrigation District regarding today’s dismissal of the ACL complaint:

“We are pleased the State Water Resources Control Board finally did the right thing in dismissing the enforcement action brought against Byron-Bethany Irrigation District last July. This day is a long time coming. We maintained all along that we were legally exercising our pre-1914 senior water right. We are thankful the State Water Board’s Hearing Team found multiple, significant discrepancies in the case against us. We will review this ruling in greater detail with our legal team and look forward to putting this chapter behind us.”