BBID Files Petition for Reconsideration in Water Right Curtailments

Sacramento, CA (September 2, 2021) – Today, the Byron-Bethany Irrigation District (BBID) filed a formal Petition for Reconsideration with the State Water Resources Control Board (SWRCB), regarding recent water right curtailments impacting thousands of water right holders, including BBID.

The full document is below.

09022021 BBID Petition for Reconsideration of Res 2021-0028 Curtailment Order - FINAL (00116239xD2C75).PDF

UPDATE: Water Right Curtailments Set to be Lifted, State Water Board Says

Sacramento, CA (August 31, 2021) – On September 1, 2021, the unprecedented water right curtailments cutting off water supplies to thousands of water users in the Delta and San Joaquin watersheds will expire.

According to the update provided by the State Water Resources Control Board (SWRCB), the curtailments, which took effect on August 20, will terminate September 1. The SWRCB’s modeling tool indicates sufficient water will be available for water right holders, including the Byron-Bethany Irrigation District (BBID), to resume diversions.

BBID will resume normal water diversions once the curtailments cease. BBID’s pre-1914 water right, as well as its post-1914 water right serving the District’s West Side Service Area, are both curtailed. The water rate in the WSID Service Area will also revert to the regular 2021 rate.

Last Wednesday, BBID’s technical and legal team, as well as District leadership, met with Delta Watermaster Michael George to express objections to the SWRCB’s methodology used to determine water availability.

BBID, a senior water rights holder south of the Delta, was one of dozens of senior water right holders curtailed in 2015. BBID – facing a $5-plus million fine – prevailed before the SWRCB, proving that the methodology used by the SWRCB was flawed. Though the methodology has been revised since the SWRCB ruled in BBID’s favor in 2016, it still contains fatal flaws.

“This is a very fluid situation,” said BBID General Manager Rick Gilmore. “We will monitor any informational updates provided by the State Water Board in the coming days and weeks. Ultimately, we remain strongly committed to protecting our water rights and preserving reliable water supplies for our growers, the community of Mountain House and our M&I customers. To that end, we will continue to work collaboratively with the State Water Board to help bring clarity to these critically important decisions.”

State Water Board Takes Aim at Agriculture

Sacramento, CA (August 3, 2021) – In a rash action deeply harmful to California’s agricultural community, the State Water Board adopted potentially unlawful emergency regulations based on incomplete, and in some instances, inaccurate information, exposing the agricultural community to billions of dollars in lost economic productivity.

The emergency regulations can support curtailments that prematurely cut off more than 10,000 water right holders in the Delta and San Joaquin watersheds, nearly all of them devoted to providing reliable water for one of our state’s most essential industries: agriculture.

“The State Water Board is attempting to wrest regulatory control over pre-1914 water rights, just as it did during the last drought,” said Russell Kagehiro, Board President of the Byron-Bethany Irrigation District (BBID). “By targeting agriculture in the Delta region, the State Water Board is unfairly imposing an enormous burden on those who will sustain the greatest socioeconomic damage, by unfairly threatening thousands of jobs and valuable crops.”

BBID, a senior water rights holder south of the Delta, was one of dozens of senior water rights holders curtailed in 2015. BBID – facing a $5-plus million fine – prevailed before the State Water Board and proved that the methodology used by the State Water Board was flawed.

Just six years later, the State Water Board is again unfairly targeting California agriculture, by threatening to curtail agricultural water use in the Delta, and imperiling thousands of jobs and valuable crops, while urban conservation remains voluntary.

“The Board says its emergency regulations are based on ‘the best information available,’” said BBID General Manager Rick Gilmore. “However, the Board’s methodology for determining water availability is built upon a series of flawed assumptions and has been shown by our legal and technical team to be inaccurate.”

Though the methodology has been revised since the State Water Board ruled in favor of BBID in 2016, it still contains fatal flaws. It mistakenly assumes native water resides in the Delta no more than one month, when preliminary modeling shows it resides 2-3 months. It does not account for return flows available to Delta diverters. Its demand data is incomplete, and its demand calculations are duplicative.

“BBID urges the State Water Board to abandon this coercive path and work with growers and irrigation districts,” Kagehiro said. “Shared sacrifice and a more complete understanding of water availability will reduce the severe impacts these regulations will undoubtedly have in some of California’s most vulnerable communities.

“Should the State Water Board continue down this road,” Kagehiro continued, “we will have no choice but to defend our water rights, which are the foundation for reliable water deliveries for multi-generational farming families, M&I customers, and the sole source of supply for the growing community of Mountain House.”

BBID Responds to Proposed Water Curtailments

The legal and technical team of Byron-Bethany Irrigation District (BBID) prepared the following comment letter in response to recent emergency regulations proposed by the State Water Resources Control Board (SWRCB), which would cut off senior and riparian water rights, including those that provide reliable water supplies to BBID’s customers.

The full letter is below.

7-29-21 Comments re Emergency Curtailment Regs w-Exh A

BBID Responds as State Water Board Issues Notice to Cut Off Senior Water Rights

Byron, CA (July 23, 2021) – “Byron-Bethany Irrigation District (BBID) is aware of the emergency Notice of Water Unavailability impacting senior, pre-1914 water rights, including the District’s, issued by the State Water Resources Control Board this afternoon.

We will vigorously defend our water rights and maintain that the best available data does not support such an extraordinary action by the SWRCB, whose methodology for determining water availability is deeply flawed.

In the coming days and weeks, BBID’s team of legal, engineering, and hydrological experts will seek remedies to protect the customers we serve, including the multi-generational farming families who rely upon the water we provide.” – Rick Gilmore, General Manager

State Cuts Off Water to Thousands of Growers, Water Agencies

Sacramento, CA (June 15, 2021) – In a drastic move, the State Water Resources Control Board (State Water Board) notified thousands of California water agencies, growers, and landowners that their supply of water is cut off.

Yesterday the State Water Board sent water unavailability notices to 4,300 California water holders with post-1914 water rights, also known as junior water rights. This directive impacts San Joaquin County growers and M&I customers in the Byron-Bethany Irrigation District’s (BBID) West Side Service Area.

“We do not believe the best available data nor the State Water Board’s flawed water availability methodology support water right curtailments for post-1914 or pre-1914 water rights,” said BBID General Manager Rick Gilmore. “We also find it disappointing to initially learn about the State Water Board’s decision to issue notices of water unavailability from the media before receiving direct notice from the State Water Board,” Gilmore said.

BBID’s technical team previously identified several significant flaws with the State Water Board’s methodology, including the use of outdated data from past years instead of real-time information when available. The methodology also neglects to account for the different characteristics of watersheds across the state, including the quantity and quality of available data.

Meanwhile, notices were also sent to 2,300 senior water rights holders (pre-1914 and riparian), including BBID, informing them that similar notices of water unavailability may be sent this summer. The majority of BBID’s service area is supplied by water diverted under a pre-1914 water right.

In 2015, BBID successfully defended its senior water rights against an unprecedented administrative civil liability (ACL) complaint brought by the State Water Board. The complaint alleged BBID diverted water when none was available, threatening a $5-plus million dollar fine. The State Water Board eventually dismissed the complaint when BBID’s legal team demonstrated there was, in fact, water available.

“BBID is actively pursuing all available remedies to ensure reliable water supplies for our customers,” said BBID Board President Russell Kagehiro, “while examining every avenue to protect our foundational water rights. As we have done in the past, we will stand up for the communities we serve.”

BBID, SLDMWA Express Concern with Proposed Russian River Emergency Regulations

The Byron-Bethany Irrigation District (BBID), and the San Luis & Delta-Mendota Water Authority (Authority) provided comments to the State Water Resources Control Board, expressing key areas of concern with the State Water Board’s proposed Emergency Regulations on the Russian River.

BBID is a member agency of the Authority, which represents 27 agencies providing water service to approximately 1,200,000 acres of irrigated agriculture, 2 million people, and 130,000 acres of wetlands within the western San Joaquin Valley, San Benito and Santa Clara counties.

Read the full letters below.

Water Supply Cuts Demonstrate Need for Long-Term Investments, Solutions

Sacramento, CA (May 28, 2021) – In the midst of worsening drought conditions, the U.S. Bureau of Reclamation (Reclamation) on Wednesday announced deeper water supply cuts for farms and communities, including those served by the Byron-Bethany Irrigation District (BBID).

The initial 2021 Central Valley Project (CVP) allocation for south-of-Delta CVP contractors including BBID was first set at 5% and then suspended until further notice. Reclamation announced the allocation has been eliminated altogether. The allocation for M&I water service contractors was also reduced from 55% to 25%.

BBID General Manager Rick Gilmore said in response:

“We recognize the difficultly Reclamation faces in fulfilling Central Valley Project water deliveries in a critically dry year. It yet again underscores the need for significant regulatory reform and diverse, meaningful engagement from federal and state leadership.

It also demands substantial investments to mitigate the very real short-term impacts to our growers in San Joaquin County and other communities impacted by a 0% CVP allocation, as well as for long-term sustainable solutions to bolster our resilience against this drought – and the next, and the one after that.

Between the October 2020 to May 2021, nearly 3.3 million Acre Feet of water passed through the Delta and flowed out to the Golden Gate Bridge – two thirds of the Delta inflow. Had we been able to capture even a small fraction of that water, it would have dramatically improved the situation we find ourselves in today.

We missed the opportunity to do so because of outdated environmental policies that have proven ineffective for restoring declining fish populations, and due to a lack of progress on building and expanding storage facilities to store water when it’s abundant, for dry years exactly like this.

We must work together in the months and years to come to reshape the CVP – its critical infrastructure, and the regulations that govern it – in order to meet the needs of our communities and provide reliable water for agriculture.”

BBID Identifies Areas of Concern with State Water Board’s Delta Water Unavailability Analysis

In a letter delivered Tuesday to the State Water Resources Control Board (State Water Board), the Byron-Bethany Irrigation District (BBID) identified several concerns with the State Water Board’s revised methodology for determining water unavailability in the Delta Watershed.

The full letter, a collaborative effort involving the District’s team of experts, is below.

BBID Comment Letter

Dry Weather Leads to Low Water Allocation

Sacramento, CA (February 25, 2020) – Today, the U.S. Bureau of Reclamation (Reclamation) issued an initial water supply allocation of 15% for South-of-Delta Central Valley Project (CVP) contractors, including the Byron-Bethany Irrigation District (BBID).

After a promising start to winter, dry conditions have returned across California. It has rained more in February in Death Valley than in Sacramento. The statewide snowpack is below average, and the long-range forecast indicates the lack of rain and snowfall may continue.

This image released by the National Weather Service, illustrates the dramatic difference between this year and last year’s snowpack.

“While we certainly wish Reclamation was able to issue a higher allocation, we recognize they must be responsive to our state’s current conditions,” said BBID GM Rick Gilmore. “The looming threat of the next drought underscores the need for adaptative water management. Implementing the new biological opinions abandons an outdated, restrictive approach in favor of real-time, cutting-edge science to best meet the needs of cities, farms and the environment.”

For the first time in a decade, updated biological opinions were issued last week. Those federal rules govern water use through the Sacramento-San Joaquin Delta. Had those biological opinions been in place last year, it is estimated that the projects would have been able to save more than one-million acre-feet of additional water. That would be tremendously valuable in any year, but especially in a dry one like 2020. At a 15% allocation, growers in BBID’s CVP service area will have a baseline water supply of just 0.51 acre-feet of water per acre – down from 3.4 acre-feet per acre with a full allocation.

“This initial allocation also underlines the need for investment in our water systems, including increasing storage to save more water during wet years for use during dry ones; and more conveyance to move water more flexibly, ensuring reliability in the face of increasingly unpredictable, extreme weather patterns.”