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.”
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.”
Byron, CA (July 26, 2016) – At a history-making board meeting, Byron-Bethany Irrigation District (BBID) gave unanimous support to merge with West Side Irrigation District (WSID). The plan to consolidate the two major Tracy-area irrigation districts is one step closer to reality, after BBID’s Board of Directors voted 6-0 in favor of the merger. WSID leaders were in attendance at the meeting.
“Our two districts becoming one will be a stronger force in the water industry, ensuring greater water reliability for our customers,” said BBID GM Rick Gilmore. “Given the current political climate and recent challenges to water rights, there’s strength in numbers.”
The resolution approved by BBID Tuesday calls for the 6,000-acre WSID service area west of Tracy to be incorporated into the existing 30,000-acre service area of BBID, establishing a single, 36,000-acre district. At a board meeting earlier this month, WSID’s Board of Directors voice d their support for the plan with a 3-1 vote.
The affirmative votes by both districts came after carefully weighing the benefits a consolidation would bring customers, including stronger water resources and financial sustainability. An ad-hoc committee comprised of members from both districts reviewed all aspects of a potential merger, toured district facilities and examined financial data. Landowners voiced strong support at a public meeting.
Significant steps remain in the coming months before the consolidation can become official. The San Joaquin Local Agency Formation Commission (LAFCO) has indicated both agencies will be required to complete a municipal service review (MSR), as well as enter into a property tax sharing agreement with San Joaquin County. Ultimately, San Joaquin LAFCO must sign off on a district reorganization plan to finalize the merger.
The last time BBID went before LAFCO was more than a decade ago, in 2004, when BBID successfully merged with Plain View Water District.
Tracy, CA (July 14, 2016) – In a move that sets the stage for two major Tracy area irrigation districts to join forces, leaders with the West Side Irrigation District (WSID) gave their official approval to merge with Byron-Bethany Irrigation District (BBID). WSID’s Board of Directors voted 3-1 in favor of the action at their board meeting Wednesday night.
WSID’s vote came after months of thoughtful discussion between the two districts carefully weighing the benefits a consolidation would bring customers, including stronger water resources and ongoing financial sustainability. A merger would result in the incorporation of WSID’s existing 6,000-acre service area west of Tracy into the existing 30,000-acre service area of BBID, establishing a single, 36,000-acre district.
“We see the potential for better water reliability as one district,” said BBID GM Rick Gilmore. “Sharing resources can only help us serve our customers more effectively and efficiently.”
Over the last few months, an ad-hoc committee comprised of members from both districts reviewed all aspects of a potential merger. The committee toured district facilities and poured over financial data. A public meeting seeking input from landowners in both districts found overwhelming support.
The matter now rests in the hands of BBID’s Board of Directors, set to take a vote at the District’s next board meeting. If BBID votes to merge with WSID, a district reorganization plan would be submitted to the San Joaquin County Local Agency Formation Commission (LAFCO) for final approval.
It would be the second merger BBID has successfully undertaken. In 2004, BBID merged with Plainview Water District.