Westlands Water District

Fresno, CA

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Board Meeting (4-16-2024)

Notice

Notice is hereby given that a regular meeting of the Board of Directors of Westlands Water District will be held on April 16, 2024, at 9:00 a.m. at the District’s Fresno Office, 286 W. Cromwell Avenue, Fresno, California 93711.

Any member of the public may participate in the meeting through Zoom.

Join the meeting from a computer, tablet or smartphone:

Join Zoom Meeting

Meeting ID: 810 6283 8977

Passcode: 3130

Dial-In Number: (669) 900-9128

Use the meeting ID and passcode from above

After you join, please mute your line.

If you have problems using the Zoom prior to the start of the meeting, please contact the District’s IT staff at 559-224-1523 or itstaff@wwd.ca.gov.  Requests for assistance made during the meeting may not be responded to timely.

Meeting Agenda

Public Comment – Any member of the public may address the Board concerning any matter on the agenda before or, for open session items, during its consideration of that matter. Public comment is limited to three minutes per person and no more than fifteen minutes per topic. For good cause, the President may waive these limitations.

  1. Call to Order
  2. Board of Directors to Consider Corrections or Additions to the Agenda of Items, as Authorized by Government Code Section 54950 et seq.
    Consent Calendar

    All items listed on the Consent Calendar are considered to be routine and non-controversial and will be acted upon by a single action of the Board of Directors, unless a Board Member requests separate consideration of the item.  If such a request is made, the item may be heard as an action item at this meeting.
  3. Board of Directors to Consider:
    1. Approving the Minutes of the Adjourned Regular Board Meeting of March 21, 2024 (Ormonde)
    2. Approving the Accounts Payable Reports (Ormonde)
    3. Board of Directors to Consider Approving Revised Salary Schedule Effective April 16, 2024 (Ormonde)

      Report and Additional Action Item
  4. General Manager’s Report (Febbo)
    1. Water Supply, Water Operations and Projected Water Supply and Use and Central Valley Project/State Water Project Operations, Drainage, Energy, Bay-Delta Water Quality Control Plan-Voluntary Agreement Update, 2021 Endangered Species Act Consultation on and Environmental Review for the Coordinated Long-Term Operation of the CVP and SWP, and Other Resources Activities (Freeman/Boardman)
    2. Federal & State Legislative Affairs (Febbo)
    3. Public Outreach, External Affairs, and Consultant Review (Febbo/Jonasson)
    4. Operations & Maintenance Report (Vandergon)
    5. Valley Clean Infrastructure Plan Update (Febbo/Gutierrez)
  5. Outside Agency Activities (Board) –Reports on activities of outside agencies (Family Farm Alliance, San Luis & Delta Mendota Water Authority, Association of California Water Agencies and State and Federal Contractors Water Agency, etc.) will be presented.
  6. Finance & Administration Committee (Bourdeau) – The Committee Chair will report and the Board may act upon the following items within the Committee’s jurisdiction.
    1. Consider Investment and Financial Reports (Ormonde)
    2. Consider Setting the 2024 Benefit Assessment Equalization Hearing Date (Ormonde)
    3. Consider Revision to the Extraordinary Pipe Land-Based Charge (Ormonde)
    4. Consider Revisions to Water Rates and Charges for Fiscal Year 2023-2024, retroactive to March 1, 2023 (Ormonde)
  7. Sustainable Groundwater Management Act (Campbell)– Serving as the Groundwater Sustainability Agency of the Westside Subbasin:
    1. Board of Directors to Receive an Update and/or provide Input on Sustainable Groundwater Management Act Implementation/Compliance Activities, including Actions to Implement the Groundwater Sustainability Plan
    2. Board of Directors to Receive an Update on the 2023-2024 Groundwater Conditions
  8. Board of Directors to Consider Resolution No. 106-24, In Commendation of Bill Pierce (Fortune/Febbo/Gutierrez)
  9. Board of Directors to Receive a Summary on Supplemental Water Supply Management and Allocation (Ormonde/Freeman/Farmer/Gutierrez)
  10. Board of Directors to Receive Proposed Edits to the Westlands Water District Policy for Disposition of District Land (Freeman/Gutierrez)
  11. Board of Directors to Consider Changes to Article 2 Regulations for the Allocation and Use of Agricultural Water Within Westlands Water District (Ormonde/Freeman/Farmer/Gutierrez)
  12. Board of Directors to Receive Update on Strategic Plan (Febbo)
  13. Board of Directors Consider:  (a) Finding Exempt from the California Environmental Quality Act the Execution of License Agreements for the Installation of a Gate by D&S&E LLC on District Owned Land Located in the South ½ of Section 28, T.13S., R.14E., M.D.B.&M., (b) Authorizing the General Manager or Designee to Execute the Said License Agreements in Substantially the Same Form as Presented; Provided that the General Manager or General Counsel May Revise the Said License Agreement as Required, and (c) Authorizing Related Actions (Campbell)
  14. Sitting as the Board of Directors of Distribution District No. 2 – The Board will act upon the recommendations, if any, regarding the following items:
    1. Call to Order
    2. Board to Consider Corrections or Additions to the Agenda of Items, as Authorized by Government Code Section 54950 et seq.
    3. Board to Consider Approval of the Minutes of the Regular Board Meeting of March 21, 2023
    4. Board to Consider: (a) Finding Exempt from the California Environmental Quality Act the Execution of a Water Transfer Agreement Between Westlands Water District Distribution District No.2 and the City of Coalinga to Benefit a Landowner/Water User in Pleasant Valley Water District, (b) Authorizing Execution of Said Transfer Agreement, and (c) Authorizing Related Actions (Freeman)
    5. Public Comment – Any member of the public may address the Board concerning any matter not on the Agenda but within the Board’s jurisdiction. Public comment is limited to three minutes per person and no more than fifteen minutes per topic. For good cause, the Board President may waive these limitations.
    6. Adjournment
  15. Public Comment – Any member of the public may address the Board concerning any matter not on the Agenda but within the Board’s jurisdiction. Public comment is limited to three minutes per person and no more than fifteen minutes per topic. For good cause, the President may waive these limitations.
  16. Closed Session – The Board will meet in closed session pursuant to the Government Code sections noted to discuss the following:
    1. Public Employee Performance Evaluation (Pursuant to Cal. Gov. Code section 54957(b)(1))
      Title:  General Manager
    2. Conference with Real Property Negotiators (Pursuant to Cal. Gov. Code section 54956.8)
      1. See attached figure for illustration of lands and APN parcel list
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Intersect Power
        Under Negotiation: Price and terms of payment
      2. Property: Water Supply
        Agency Negotiator: General Manager or designee
        Negotiating Parties: T.B.D.
        Under Negotiation: Price and terms of payment
        Property: Water Supply
      3. Conference with Legal Counsel – Anticipated Litigation-
        Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 – 3 potential cases
      4. Conference with Legal Counsel – Existing Litigation
        Existing Litigation Pursuant to paragraph (1) of Subdivision (d) of Section 54956.9
        1. Firebaugh Canal Water District et al. v. United States of America et al., United States District Court, Eastern District of California, Case Nos. 1:88-cv-634-JLT- SKO, 1:91-cv-048-LJO/DLB
        2. Westlands Water District v. United States, United States Court of Appeal for the Federal Circuit, Case No. 13-5069
        3. North Coast Rivers Alliance v. Delta Stewardship Council, Sacramento Co. Superior Court, Case No. 34-2018-80002898, Third District Court of Appeal Case No. C097948 (“Delta Plan Amendment Litigation”)
        4. North Coast Rivers Alliance et al. v. U.S. Department of the Interior et al., United States District Court, Eastern District of California, Case No. 1:16-cv-00307-JLT-SKO (“Challenge to Interim Renewal Contracts & Repayment Contracts”)
        5. Hoopa Valley Tribe v. United States Bureau of Reclamation et al., United States District Court, Eastern District of California, Case No. 1:20-cv-01814-JLT-EPG (“Challenge to Repayment Contracts”)
        6. Center For Biological Diversity et al. v. United States Bureau of Reclamation et al., United States District Court, Eastern District of California, Case No. 1:20-cv-0706-JLT-EPG (“Challenge to Repayment Contracts”)
        7. Natural Resources Defense Council et al. v. Haaland et. al., United States District Court, Eastern District of California, Case No. 1:05-cv-01207-JLT-EPG, on appeal in the United States Court of Appeals for the Ninth Circuit, Case No. 21-15163 (“2005 DMC Contract Renewals Litigation”)
        8. City of Fresno, et al. v. United States, United States Court of Federal Claims, Case No. 1:16-cv-01276-EDK, on appeal in United States Court of Appeals for the Federal Circuit, Case No. 22-1994 (“Friant Takings Suit”)
        9. State Water Board Cases, Sacramento County Superior Court Case No. JCCP 5013 (“WQCP Phase 1 Litigation”)
        10. North Coast Rivers Alliance et al. v. Department of Water Resources, Sacramento County Superior Court Case No. 34-2019-80003057 (“COA Addendum-WaterFix No Harm Litigation”)
        11. Westlands Water District v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Providing Project Water Service, San Luis Unit and Delta Division and Facilities Repayment, Fresno County Superior Court, Case No. 19CECG03887, and appeal in the Court of Appeal, Fifth Appellate District, Case No. F083632 (Consolidated with F084202) (“Main Contract Validation Action”)
        12. (A) Acting as the governing board of Westlands Water District Distribution District No. 1:
          Westlands Water District Distribution District 1 v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Distribution District No. 1 Providing Project Water Service and Facilities Repayment, Fresno County Superior Court, Case No. 20CECG01011 Filed: 3/18/20 and appealed in the Court of Appeal, Fifth Appellate District No. F084294  (“DD1 Validation Action”)
          (B) Acting as the governing board of Westlands Water District Distribution District No. 2:
          Westlands Water District Distribution District 2 v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Distribution District No. 2 Providing Project Water Service and Facilities Repayment, Fresno County Superior Court, Case No. 20CECG01012 Filed: 3/18/20 and appealed in the Court of Appeal, Fifth Appellate District No. F084291  (“DD2 Validation Action”)
        13. Pacific Coast Federation of Fishermen’s Association et al. v. Raimondo, et al., United States District Court, Eastern District of California, Case No. 1:20-cv-0431-JLT-EPG (“2019 ROC on LTO NGO Litigation”)
        14. California Natural Resources Agency et al. v. Raimondo, et al., United States District Court, Eastern District of California, Case No. 1:20-cv-0426-JLT-EPG (“2020 ROC on LTO AG Litigation”)
        15. Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket Nos. ER20-2878-000 et al. (“PG&E Wholesale Distribution Tariff Proceedings”)
        16. California Sportfishing Protection Alliance et al. v. State Water Resources Control Board et al., Sacramento County Superior Court, Case No. 34-2021-80003761 (“2021 Order Re TUCP”)
        17. California Sportfishing Protection Alliance et al. v. State Water Resources Control Board et al., Sacramento County Superior Court, Case No. 34-2021-80003763 (“2021 Order Re Shasta Temp. Mgmt. Plan”)
  17. Report from Closed Session, if any, Required by Government Code Section 54957.1
  18. Adjournment

Appendix A: Proposed VCIP Parcels for Near-Term Transaction

Order of Business

The order of business reflected in this Agenda is subject to change.

Accessibility

A person with a qualifying disability under the Americans with Disabilities Act of 1990 may request the District provide a disability-related modification or accommodation in order to facilitate that person’s participation in any public meeting of the District.  Such assistance includes appropriate alternative formats for the agendas and agenda packets used for any public meetings of the District.  Requests for such assistance may be made in person at the District’s Fresno office, which is located at 286 W. Cromwell Avenue, Fresno, California, 93711 by telephone (559-224-1523), facsimile (559-241-6277), or written correspondence addressed to Westlands Water District, Attn: Karen Clark, P.O. Box 5199, Fresno, California 93711.  Notifications of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made.

Remote Participation by Members of the Public

At this time, the District permits any member of the public to participate in meetings of its Board and Committees from any location by telephone or video, or both.  Remote participation by members of the public from any location is offered as a courtesy and is not required by law.  Telephone and internet access and reliability varies widely, and District staff may not be able to assist members of the public with technical difficulties.  To avoid issues that may arise from participating remotely by phone or video, members of the public who wish to provide public comment are encouraged to attend in person at a noticed location.

At the appropriate time to provide the comment, members of the public wishing to comment will be acknowledged by the Chair of the meeting.  Members of the public participating by video should use the “Raise Hand” tool located in Zoom meeting link when seeking to provide public comment on an item.

Document Availability

Written material related to an item on this agenda that is distributed less than 72 hours prior to this meeting to at least a majority of the members of the legislative body will be available for inspection at the District’s Fresno office, which is located at 286 W. Cromwell Avenue, Fresno, California, 93711.

Written material distributed during a public meeting will be available for public inspection at the meeting, if prepared by District staff or a member of its legislative body, or after the meeting if prepared by some other person.

Disclosure

This agenda has been prepared pursuant to applicable laws of the State of California, including but not limited to, Government Code section 54950 et seq.  The agenda and information to support items on the agenda have not been prepared to inform an investment decision concerning the District, including in any of District’s bonds, notes, or any other financial obligations.  Any projections, plans, or other forward-looking statements included in the information in this agenda or the information supporting the items on the agenda are subject to a variety of uncertainties that could cause any actual plans or results to differ materially from such statements. The information in this agenda and the information supporting the items on the agenda are not intended to be used by investors or potential investors in considering the purchase or sale of the District’s bonds, notes, or other financial obligations.  Investors and potential investors should rely only on information filed by the District on the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access System for municipal securities disclosures and the District’s Investor Relations website, maintained on the World Wide Web at emma.msrb.org and wwd.ca.gov/investor-relations, respectively.  For purposes of this note, “District” means Westlands Water District, Westlands Water District Distribution District No. 1, Westlands Water District Distribution District No. 2, San Luis Unit/Westlands Water District Financing Authority, and/or Westlands Water District Financing Corporation.

Board Meeting (3-21-2024)

Notice

Notice is hereby given that an adjourned regular meeting of the Board of Directors of Westlands Water District will be held on March 21, 2024, at 9:00 a.m. at the District’s Five Points Shop and Field Office, 23050 W. Mt. Whitney Avenue, Five Points, California 93624.

Following the adjourned regular meeting, the Annual Water Users’ Workshop will be held at 1:30 p.m. also at the District’s Five Points Shop and Field Office, 23050 W. Mt. Whitney Avenue, Five Points, California 93624.  A quorum of the Board of Directors may be present, however, no formal actions will be taken.

Meeting Agenda

Public Comment – Any member of the public may address the Committee concerning any matter on the agenda before or during its consideration of that matter. Public comment is limited to three minutes per person and no more than fifteen minutes per topic. For good cause, the Committee Chair may waive these limitations.

  1. Call to Order
  2. Board of Directors to Consider Corrections or Additions to the Agenda of Items, as Authorized by Government Code Section 54950 et seq.

    Consent Calendar

    All items listed on the Consent Calendar are considered to be routine and non-controversial and will be acted upon by a single action of the Board of Directors, unless a Board Member requests separate consideration of the item.  If such a request is made, the item may be heard as an action item at this meeting.

  3. Board of Directors to Consider:
    1. Approving the Minutes of the Regular Board Meeting of February 22, 2024 and Special Board Meeting of March 11, 2024 (Ormonde)
    2. Approving the Accounts Payable Reports (Ormonde)

      Report and Additional Action Item
  4. General Manager’s Report (Febbo)
    1. Water Supply, Water Operations and Projected Water Supply and Use and Central Valley Project/State Water Project Operations, Drainage, Energy, Bay-Delta Water Quality Control Plan-Voluntary Agreement Update, 2021 Endangered Species Act Consultation on and Environmental Review for the Coordinated Long-Term Operation of the CVP and SWP, and Other Resources Activities (Freeman/Boardman)
    2. Federal & State Legislative Affairs (Febbo)
    3. Public Outreach, External Affairs, and Consultant Review (Febbo/Jonasson)
    4. Operations & Maintenance Report (Pierce)
  5. Outside Agency Activities (Board) – Reports on activities of outside agencies (Family Farm Alliance, San Luis & Delta Mendota Water Authority, Association of California Water Agencies and State and Federal Contractors Water Agency, etc.) will be presented.
  6. Finance & Administration Committee (Bourdeau) – The Committee Chair will report and the Board may act upon the following items within the Committee’s jurisdiction.
    1. Consider Investment and Financial Reports (Ormonde)
  7. Sustainable Groundwater Management Act (Campbell) – Serving as the Groundwater Sustainability Agency of the Westside Subbasin:
    1. Board of Directors to Receive an Update and/or provide Input on Sustainable Groundwater Management Act Implementation/Compliance Activities, including Actions to Implement the Groundwater Sustainability Plan
    2. Receive an Update on the Westside Subbasin Boundary
  8. Records Retention and Destruction Policy (Saghatelian)
    1. Board to Receive Report on Existing Records Retention Policy and Proposed Update to Same to Reflect Changes Since 2008
    2. Board to Consider Resolution No.105-24 Adopting Records Retention Schedule, Authorizing Destruction of Certain Agency Records, and Rescinding Resolutions No. 113-08, No. 672-81 and Prior Policies in Conflict Therewith
  9. Public Comment – Any member of the public may address the Board concerning any matter not on the Agenda but within the Board’s jurisdiction. Public comment is limited to three minutes per person and no more than fifteen minutes per topic. For good cause, the President may waive these limitations.
  10. Closed Session – The Board will meet in closed session pursuant to the Government Code sections noted to discuss the following:
    1. Public Employee Performance Evaluation (Pursuant to Cal. Gov. Code section 54957(b)(1))
      Title:  General Manager
    2. Public Employee Performance Evaluation (Pursuant to Cal. Gov. Code section 54957(b)(1))
      Title:  Interim General Counsel
    3. Conference with Real Property Negotiators (Pursuant to Cal. Gov. Code section 54956.8)
      1. 3130 N. Fresno Street, Fresno, CA 93703
        Agency Negotiator: General Manager or designee
        Negotiating Parties: College Church of Christ of Fresno
        Under Negotiation: Price and terms of payment
      2. Property: Approximately 77.45 acres in the E ½ of NW ¼ of Section 36, T.13S., R.14E., M.D.B.&M.
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Oriole Homes
        Under Negotiation: Price and terms of payment
      3. Property: Approximately 762.42 acres consisting of APNs: 012-160-24ST, 012-160-25ST, 012-190-11T, 012-190-25ST and 012-190-26ST
        Agency Negotiator: General Manager or designee
        Negotiating Parties: City of Mendota
      4. Property: Water Supply
        Agency Negotiator: General Manager or designee
        Negotiating Parties: T.B.D.
        Under Negotiation: Price and terms of payment
        Property: Water Supply
    4. Conference with Legal Counsel – Anticipated Litigation-
      Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 – 3 potential cases
    5. Conference with Legal Counsel – Existing Litigation
      Existing Litigation Pursuant to paragraph (1) of Subdivision (d) of Section 54956.9
      1. Firebaugh Canal Water District et al. v. United States of America et al., United States District Court, Eastern District of California, Case Nos. 1:88-cv-634-JLT- SKO, 1:91-cv-048-LJO/DLB
      2. Westlands Water District v. United States, United States Court of Appeal for the Federal Circuit, Case No. 13-5069
      3. North Coast Rivers Alliance v. Delta Stewardship Council, Sacramento Co. Superior Court, Case No. 34-2018-80002898, Third District Court of Appeal Case No. C097948 (“Delta Plan Amendment Litigation”)
      4. North Coast Rivers Alliance et al. v. U.S. Department of the Interior et al., United States District Court, Eastern District of California, Case No. 1:16-cv-00307-JLT-SKO (“Challenge to Interim Renewal Contracts & Repayment Contracts”)
      5. Hoopa Valley Tribe v. United States Bureau of Reclamation et al., United States District Court, Eastern District of California, Case No. 1:20-cv-01814-JLT-EPG (“Challenge to Repayment Contracts”)
      6. Center For Biological Diversity et al. v. United States Bureau of Reclamation et al., United States District Court, Eastern District of California, Case No. 1:20-cv-0706-JLT-EPG (“Challenge to Repayment Contracts”)
      7. Natural Resources Defense Council et al. v. Haaland et. al., United States District Court, Eastern District of California, Case No. 1:05-cv-01207-JLT-EPG, on appeal in the United States Court of Appeals for the Ninth Circuit, Case No. 21-15163 (“2005 DMC Contract Renewals Litigation”)
      8. City of Fresno, et al. v. United States, United States Court of Federal Claims, Case No. 1:16-cv-01276-EDK, on appeal in United States Court of Appeals for the Federal Circuit, Case No. 22-1994 (“Friant Takings Suit”)
      9. State Water Board Cases, Sacramento County Superior Court Case No. JCCP 5013 (“WQCP Phase 1 Litigation”)
      10. North Coast Rivers Alliance et al. v. Department of Water Resources, Sacramento County Superior Court Case No. 34-2019-80003057 (“COA Addendum-WaterFix No Harm Litigation”)
      11. Westlands Water District v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Providing Project Water Service, San Luis Unit and Delta Division and Facilities Repayment, Fresno County Superior Court, Case No. 19CECG03887, and appeal in the Court of Appeal, Fifth Appellate District, Case No. F083632 (Consolidated with F084202) (“Main Contract Validation Action”)
      12. (A) Acting as the governing board of Westlands Water District Distribution District No. 1:   Westlands Water District Distribution District 1 v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Distribution District No. 1 Providing Project Water Service and Facilities Repayment, Fresno County Superior Court, Case No. 20CECG01011 Filed: 3/18/20 and appealed in the Court of Appeal, Fifth Appellate District No. F084294  (“DD1 Validation Action”)
        (B) Acting as the governing board of Westlands Water District Distribution District No. 2: Westlands Water District Distribution District 2 v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Distribution District No. 2 Providing Project Water Service and Facilities Repayment, Fresno County Superior Court, Case No. 20CECG01012 Filed: 3/18/20 and appealed in the Court of Appeal, Fifth Appellate District No. F084291  (“DD2 Validation Action”)
      13. Pacific Coast Federation of Fishermen’s Association et al. v. Raimondo, et al., United States District Court, Eastern District of California, Case No. 1:20-cv-0431-JLT-EPG (“2019 ROC on LTO NGO Litigation”)
      14. California Natural Resources Agency et al. v. Raimondo, et al., United States District Court, Eastern District of California, Case No. 1:20-cv-0426-JLT-EPG (“2020 ROC on LTO AG Litigation”)
      15. Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket Nos. ER20-2878-000 et al. (“PG&E Wholesale Distribution Tariff Proceedings”)
      16. California Sportfishing Protection Alliance et al. v. State Water Resources Control Board et al., Sacramento County Superior Court, Case No. 34-2021-80003761 (“2021 Order Re TUCP”)
      17. California Sportfishing Protection Alliance et al. v. State Water Resources Control Board et al., Sacramento County Superior Court, Case No. 34-2021-80003763 (“2021 Order Re Shasta Temp. Mgmt. Plan”)
  11. Report from Closed Session, if any, Required by Government Code Section 54957.1

    RECESS

    1:30 p.m.

    Annual Water Users’ Workshop – District staff will provide information on various matters for the 2024-2025 water contract year.

Order of Business

The order of business reflected in this Agenda is subject to change.

Accessibility

A person with a qualifying disability under the Americans with Disabilities Act of 1990 may request the District provide a disability-related modification or accommodation in order to facilitate that person’s participation in any public meeting of the District.  Such assistance includes appropriate alternative formats for the agendas and agenda packets used for any public meetings of the District.  Requests for such assistance may be made in person at the District’s Fresno office, which is located at 286 W. Cromwell Avenue, Fresno, California, 93711 by telephone (559-224-1523), facsimile (559-241-6277), or written correspondence addressed to Westlands Water District, Attn: Karen Clark, P.O. Box 5199, Fresno, California 93711.  Notifications of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made.

Document Availability

Written material related to an item on this agenda that is distributed less than 72 hours prior to this meeting to at least a majority of the members of the legislative body will be available for inspection at the District’s Fresno office, which is located at 286 W. Cromwell Avenue, Fresno, California, 93711.

Written material distributed during a public meeting will be available for public inspection at the meeting, if prepared by District staff or a member of its legislative body, or after the meeting if prepared by some other person.

Disclosure

This agenda has been prepared pursuant to applicable laws of the State of California, including but not limited to, Government Code section 54950 et seq.  The agenda and information to support items on the agenda have not been prepared to inform an investment decision concerning the District, including in any of District’s bonds, notes, or any other financial obligations.  Any projections, plans, or other forward-looking statements included in the information in this agenda or the information supporting the items on the agenda are subject to a variety of uncertainties that could cause any actual plans or results to differ materially from such statements. The information in this agenda and the information supporting the items on the agenda are not intended to be used by investors or potential investors in considering the purchase or sale of the District’s bonds, notes, or other financial obligations.  Investors and potential investors should rely only on information filed by the District on the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access System for municipal securities disclosures and the District’s Investor Relations website, maintained on the World Wide Web at emma.msrb.org and wwd.ca.gov/investor-relations, respectively.  For purposes of this note, “District” means Westlands Water District, Westlands Water District Distribution District No. 1, Westlands Water District Distribution District No. 2, San Luis Unit/Westlands Water District Financing Authority, and/or Westlands Water District Financing Corporation.

Notice of Special Meeting and Agenda (3-11-2024)

Notice

Notice is hereby given that a special meeting of the Board of Directors of Westlands Water District will be held on March 11, 2024, at 11:00 a.m. at the District’s Fresno Office, 286 W. Cromwell Avenue, Fresno, California 93711. Remote participation will be available at the following addresses:

JSA Farms
35244 Oil City Road
Coalinga CA 93210

18036 W. Gale Avenue
Huron CA 93234

Casaca Vineyards
25474 S. Butte Avenue
Five Points CA 93624

9025 S Napa Avenue
San Joaquin CA 93660

15671 W Oakland Avenue
Five Points CA 93624

Any member of the public may participate in the meeting through Zoom.

Join the meeting from a computer, tablet or smartphone:

Join Zoom  

Meeting ID: 829 0390 1826

Passcode: 3130

Dial-In Number:

(669) 444-9171

Use the meeting id and passcode from above

After you join, please mute your line.

If you have problems using the Zoom, please contact the District’s IT staff at 559-224-1523 or itstaff@wwd.ca.gov.  Requests for assistance made during the meeting may not be responded to timely.

Public Comment – Any member of the public may address the Board concerning any matter on the agenda before or, for open session items, during its consideration of that matter. Public comment is limited to three minutes per person and no more than fifteen minutes per topic. For good cause, the President may waive these limitations.

Meeting Agenda

  1. Call to Order
  2. Board of Directors to Consider Resolution No. 105-24, Objecting to the Sale of Fresno County Tax-Defaulted Properties (Ormonde)
  3. Board of Directors to Receive Update on Water Supply, Water Operations and Projected Water Supply and Use and Central Valley Project/State Water Project Operations (Febbo)
  4. Adjournment

Order of Business

The order of business reflected in this Agenda is subject to change.

Accessibility

A person with a qualifying disability under the Americans with Disabilities Act of 1990 may request the District provide a disability-related modification or accommodation in order to facilitate that person’s participation in any public meeting of the District.  Such assistance includes appropriate alternative formats for the agendas and agenda packets used for any public meetings of the District.  Requests for such assistance may be made in person at the District’s Fresno office, which is located at 3130 N. Fresno St., Fresno, California, by telephone (559-224-1523), facsimile (559-241-6277), or written correspondence addressed to Westlands Water District, Attn: Karen Clark, P.O. Box 6056, Fresno, California 93703.  Notifications of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made.

Remote Participation by Members of the Public

At this time, the District permits any member of the public to participate in meetings of its Board and Committees from any location by telephone or video, or both.  Remote participation by members of the public from any location is offered as a courtesy and is not required by law.  Telephone and internet access and reliability varies widely, and District staff may not be able to assist members of the public with technical difficulties.  To avoid issues that may arise from participating remotely by phone or video, members of the public who wish to provide public comment are encouraged to attend in person at a noticed location.

At the appropriate time to provide the comment, members of the public wishing to comment will be acknowledged by the Chair of the meeting.  Members of the public participating by video should use the “Raise Hand” tool located in Zoom meeting link when seeking to provide public comment on an item.

Document Availability

Written material related to an item on this agenda that is distributed less than 72 hours prior to this meeting to at least a majority of the members of the legislative body will be available for inspection at the District’s Fresno office, which is located at 3130 N. Fresno Street, Fresno, California.

Written material distributed during a public meeting will be available for public inspection at the meeting, if prepared by District staff or a member of its legislative body, or after the meeting if prepared by some other person.

Disclosure

This agenda has been prepared pursuant to applicable laws of the State of California, including but not limited to, Government Code section 54950 et seq.  The agenda and information to support items on the agenda have not been prepared to inform an investment decision concerning the District, including in any of District’s bonds, notes, or any other financial obligations.  Any projections, plans, or other forward-looking statements included in the information in this agenda or the information supporting the items on the agenda are subject to a variety of uncertainties that could cause any actual plans or results to differ materially from such statements. The information in this agenda and the information supporting the items on the agenda are not intended to be used by investors or potential investors in considering the purchase or sale of the District’s bonds, notes, or other financial obligations.  Investors and potential investors should rely only on information filed by the District on the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access System for municipal securities disclosures and the District’s Investor Relations website, maintained on the World Wide Web at emma.msrb.org and wwd.ca.gov/investor-relations, respectively.  For purposes of this note, “District” means Westlands Water District, Westlands Water District Distribution District No. 1, Westlands Water District Distribution District No. 2, San Luis Unit/Westlands Water District Financing Authority, and/or Westlands Water District Financing Corporation.

Board Meeting – Adjournment (3-19-2024)

NOTICE IS HEREBY GIVEN, in accordance with California Government Code
Section 54955, the regular meeting of Westlands Water District’s Board of
Directors scheduled for Tuesday, March 19, 2024, at 9:00 a.m. is hereby
adjourned to Thursday, March 21, 2024, at 9:00 a.m. at the District’s Five Points
Office, 23050 W. Mt. Whitney Avenue, Five Points, California 93624.

Signed
Bobbie Ormonde, Secretary

Board Meeting (2-22-2024)

Notice

Notice is hereby given that an adjourned regular meeting of the Board of Directors of Westlands Water District will be held on February 22, 2024, at 9:00 a.m. at the District’s Fresno Office, 286 W. Cromwell Avenue, Fresno, California 93711.

Any member of the public may participate in the meeting through Zoom.

Join the meeting from a computer, tablet or smartphone:

Join Zoom Meeting

Meeting ID: 871 5872 5540

Passcode: 3130

Dial-In Number: (669) 444-9171

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If you have problems using the Zoom prior to the start of the meeting, please contact the District’s IT staff at 559-224-1523 or itstaff@wwd.ca.gov.  Requests for assistance made during the meeting may not be responded to timely.

Hearing

  1. Hearing on Proposed Water Rates, Charges and Land-Based Charges (Ormonde)- The Board will conduct a hearing to receive comments and consider Resolution No.102-24, Adopting Water Rates, Charges and Land-based Charges, to be effective March 1, 2024.

Meeting Agenda

Public Comment – Any member of the public may address the Committee concerning any matter on the agenda before or during its consideration of that matter. Public comment is limited to three minutes per person and no more than fifteen minutes per topic. For good cause, the Committee Chair may waive these limitations.

  1. Call to Order
    1. Closed Session (Saghatelian)
      The Board will meet in closed session to discuss the following:
      Conference With Legal Counsel – Existing Litigation
      Pursuant to paragraph (1) of Subdivision (d) of Section 54956.9 to discuss existing litigation, see Agenda  Item 12d. 1-17 below, identifying pending cases.
    2. Report from Closed Session, if any, Required by Government Code Section 54957.1
    3. Board  to Consider Approving the Fiscal Year 2024-2025 Legal Budget Request and Directing Staff to Incorporate Same, subject to any revisions, in the General Manager’s Fiscal Year 2024-2025 Recommended Budget (Saghatelian)
  2. Board of Directors to Consider Corrections or Additions to the Agenda of Items, as Authorized by Government Code Section 54950 et seq.

    Consent Calendar

    All items listed on the Consent Calendar are considered to be routine and non-controversial and will be acted upon by a single action of the Board of Directors, unless a Board Member requests separate consideration of the item.  If such a request is made, the item may be heard as an action item at this meeting.

  3. Board of Directors to Consider:
    1. Approving the Minutes of the Regular Board Meeting of January 18, 2024 (Ormonde)
    2. Approving the Accounts Payable Reports (Ormonde)
    3. Approving 2023-2024 Budget Transfer and Augmentation for Various Budget Line Items (Ormonde)
    4. Consider: (a) Finding Exempt from the California Environmental Quality Act the Execution of an Extension to License Agreements for Temporary Access and Collect Soil Samples by the Department of Water Resources to Land Located in SE¼ of Section 33, West of the San Luis Canal, T.16S., R.15E., M.D.B.&M. and E½ of Section 30, T.15S., R.14E., M.D.B.&M., (b) Authorizing the General Manager or Designee to Execute the Extension of Said License Agreements in Substantially the Same Form as Presented; Provided that the General Manager or General Counsel May Revise the Said License Agreement as Required, and (c) Authorizing Related Actions (Freeman)
    5. Consider: (a) Finding Exempt from the California Environmental Quality Act the Execution of License Agreements for Temporary Access and Collect Soil Samples by the Department of Water Resources to Land Located in SW¼ of Section 12, T.16S., R.14E., M.D.B.&M., (b) Authorizing the General Manager or Designee to Execute the Said License Agreements in Substantially the Same Form as Presented; Provided that the General Manager or General Counsel May Revise the Said License Agreement as Required, and (c) Authorizing Related Actions (Freeman)
    6. Consider: (a) Finding Exempt from the California Environmental Quality Act the Execution of the Warren Act Contracts and Exchange Agreements with the United States Bureau of Reclamation for Conveyance and Storage of Non-Project Water in Federally Owned Facilities, (b) Adopting Resolution No. 103-24, Authorizing Execution of Said Contracts, and (c) Authorizing Related Actions (Freeman)
    7. Consider: (a) Finding Exempt from the California Environmental Quality Act the Authorization to Execute a Contract for Temporary Water Service Contract for Section 215 Water with the United States Bureau of Reclamation, (b) Adopting Resolution No. 104-24, and (c) Authorizing Related Actions (Freeman)

      Report and Additional Action Item

  4. General Manager’s Report (Febbo)
    1. Water Supply, Water Operations and Projected Water Supply and Use and Central Valley Project/State Water Project Operations, Drainage, Energy, Bay-Delta Water Quality Control Plan-Voluntary Agreement Update, 2021 Endangered Species Act Consultation on and Environmental Review for the Coordinated Long-Term Operation of the CVP and SWP, and Other Resources Activities (Freeman/Boardman)
    2. Federal & State Legislative Affairs (Febbo)
    3. Public Outreach, External Affairs, and Consultant Review (Febbo/Jonasson)
    4. Operations & Maintenance Report (Pierce)
  5. Outside Agency Activities (Board) – Reports on activities of outside agencies (Family Farm Alliance, San Luis & Delta Mendota Water Authority, Association of California Water Agencies and State and Federal Contractors Water Agency, etc.) will be presented.
  6. Finance & Administration Committee (Bourdeau) – The Committee Chair will report and the Board may act upon the following items within the Committee’s jurisdiction.
    1. Consider Investment and Financial Reports (Ormonde)
    2. Consider 2023-2024 Budget Transfer for District Recharge Programs (Ormonde)
    3. Consider, subject to any adjustments as may be directed by the Board: (1) Approving the 2024-2025 Recommended Budget, Water Rates and Charges, Estimate of Obligations and Revenues, and Salary Schedule, (2) Authorizing the General Manager to take any and all actions necessary to carry out the activities included in the 2024-2025 Recommended Budget as approved, in accordance with District Rules and Regulations, and policies, (3) Approving and fixing the rates and charges detailed in the appropriate schedule titled Westlands Water District 2024-2025 Water Rates & Charges, and attachments, of the 2024-2025 Recommended Budget, (4) Authorizing the General Manager to collect from the appropriate water user(s) and other agencies, as necessary, the additional costs associated with the acquisition, conveyance, storage, and delivery of water supplies from sources other than the District’s contract supplies, including pumped groundwater, (5) Authorizing the President of the Board of Directors to file the attached Estimate of the District’s 2024-2025 Obligations and Revenues with the Secretary of the District, and (6) Adopting the 2024-2025 Salary Schedule, effective March 1, 2024 (Ormonde)
  7. Sustainable Groundwater Management Act (Campbell) – Serving as the Groundwater Sustainability Agency of the Westside Subbasin:
    1. Board of Directors to Receive an Update and/or provide Input on Sustainable Groundwater Management Act Implementation/Compliance Activities, including Actions to Implement the Groundwater Sustainability Plan
  8. Board of Directors to Receive Update on Central Valley Project Operations and Rescheduled Water Management, and Consider Directing Staff as Appropriate (Freeman)
  9. Board of Directors to Consider Continuing Groundwater Recharge Programs if San Luis Reservoir Fills and Directing Staff as Appropriate (Campbell)
  10. Board of Directors to Receive Update on the Valley Clean Infrastructure Plan (Freeman)
  11. Public Comment – Any member of the public may address the Board concerning any matter not on the Agenda but within the Board’s jurisdiction. Public comment is limited to three minutes per person and no more than fifteen minutes per topic. For good cause, the President may waive these limitations.
  12. Closed Session – The Board will meet in closed session pursuant to the Government Code sections noted to discuss the following:
    1. Public Employee Performance Evaluation (Pursuant to Cal. Gov. Code section 54957(b)(1))
      Title: General Manager
    2. Conference with Real Property Negotiators (Pursuant to Cal. Gov. Code section 54956.8)
      1. Property: Approximately 2,942.09 Acres – E½ of Section 9 ,W½ of Section 15, NE¼ of Section 16, S½ & NW¼ & NE¼ of Section 21, NW¼ of NW¼ of Section 22, NW¼ & NW¼ of NE¼ of Section 28, N½ & SE¼ &SW¼ of Section 29, E½ of NE¼ of Section 31, and all of Section 33, T. 36N., R.3W., M.D.B.&M., in Shasta County, California
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Indian Cultural Organization
        Under Negotiation: Price and terms of payment
      2. Property: Approximately 9,900 acres, consisting of:
        1. E ½ of Section 14, T. 16S., R.16E., M.D.B.&M.,
        2. Section 32, T. 16S., R.17E., M.D.B.&M.,
        3. Section 4, excluding W 283’ of SE ¼ and E 371’ of SW ¼ , T. 17S., R.17E., M.D.B.&M.,
        4. NE of diagonal of Section 7, T. 17S., R.17E., M.D.B.&M.
        5. Sections 5, 6,16, E ½ of Section 19, T. 17S., R.17E., M.D.B.&M.
        6. Section 8, excluding the NW ¼ of NE ¼, T. 17S., R.17E., M.D.B.&M.
        7. Section 21, excluding the W ½ of SW ¼ of SW ¼,T. 17S., R.17E., M.D.B.&M.
        8. NW ¼ of Section 29, T. 17S., R.17E., M.D.B.&M.
        9. N ½ excluding the N 1/3 and N½ of SE ¼ of Section 13, T.17S.,R.16E., M.D.B.&M.
        10. SW ¼ of SW ¼ of Section 23, T. 17S., R.16E., M.D.B.&M.
        11. Sections 24, 27, 34, T. 17S., R.16E., M.D.B.&M.
        12. Section 33, excluding the SW ¼ of the SW ¼, T.17S., R.16E., M.D.B.&M.
        13. E ½ of Section 2, T. 18S., R.16E., M.D.B.&M.
        14. SE ¼ of Section 4, T. 18S., R.16E., M.D.B.&M.
        15. W ½ of Section 11, T. 18S., R.16E., M.D.B.&M.
        16. Section 15, T. 18S., R.16E., M.D.B.&M.
          Agency Negotiator: General Manage or designee
          Negotiating Parties: Intersect Power
          Under Negotiation: Price and terms of payment
      3. Property: Approximately 77.45 acres in the E ½ of NW ¼ of Section 36, T.13S., R.14E., M.D.B.&M.
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Oriole Homes
        Under Negotiation: Price and terms of payment
      4. Property: Approximately 150 acres of land in NE 1/4 of Section 35 T.20S., R.16E., M.D.B.&M.
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Chervon
        Under Negotiation: Price and terms of payment
      5. Property: Water Supply
        Agency Negotiator: General Manager or designee
        Negotiating Parties: T.B.D.
        Under Negotiation: Price and terms of payment
    3. Conference with Legal Counsel – Anticipated Litigation-
      Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 – 3 potential cases
    4. Conference with Legal Counsel – Existing Litigation
      Existing Litigation Pursuant to paragraph (1) of Subdivision (d) of Section 54956.9
      1. Firebaugh Canal Water District et al. v. United States of America et al., United States District Court, Eastern District of California, Case Nos. 1:88-cv-634-JLT- SKO, 1:91-cv-048-LJO/DLB
      2. Westlands Water District v. United States, United States Court of Appeal for the Federal Circuit, Case No. 13-5069
      3. North Coast Rivers Alliance v. Delta Stewardship Council, Sacramento Co. Superior Court, Case No. 34-2018-80002898, Third District Court of Appeal Case No. C097948 (“Delta Plan Amendment Litigation”)
      4. North Coast Rivers Alliance et al. v. U.S. Department of the Interior et al., United States District Court, Eastern District of California, Case No. 1:16-cv-00307-JLT-SKO (“Challenge to Interim Renewal Contracts & Repayment Contracts”)
      5. Hoopa Valley Tribe v. United States Bureau of Reclamation et al., United States District Court, Eastern District of California, Case No. 1:20-cv-01814-JLT-EPG (“Challenge to Repayment Contracts”)
      6. Center For Biological Diversity et al. v. United States Bureau of Reclamation et al., United States District Court, Eastern District of California, Case No. 1:20-cv-0706-JLT-EPG (“Challenge to Repayment Contracts”)
      7. Natural Resources Defense Council et al. v. Haaland et. al., United States District Court, Eastern District of California, Case No. 1:05-cv-01207-JLT-EPG, on appeal in the United States Court of Appeals for the Ninth Circuit, Case No. 21-15163 (“2005 DMC Contract Renewals Litigation”)
      8. City of Fresno, et al. v. United States, United States Court of Federal Claims, Case No. 1:16-cv-01276-EDK, on appeal in United States Court of Appeals for the Federal Circuit, Case No. 22-1994 (“Friant Takings Suit”)
      9. State Water Board Cases, Sacramento County Superior Court Case No. JCCP 5013 (“WQCP Phase 1 Litigation”)
      10. North Coast Rivers Alliance et al. v. Department of Water Resources, Sacramento County Superior Court Case No. 34-2019-80003057 (“COA Addendum-WaterFix No Harm Litigation”)
      11. Westlands Water District v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Providing Project Water Service, San Luis Unit and Delta Division and Facilities Repayment, Fresno County Superior Court, Case No. 19CECG03887, and appeal in the Court of Appeal, Fifth Appellate District, Case No. F083632 (Consolidated with F084202) (“Main Contract Validation Action”)
      12. (A) Acting as the governing board of Westlands Water District Distribution District No. 1: Westlands Water District Distribution District 1 v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Distribution District No. 1 Providing Project Water Service and Facilities Repayment, Fresno County Superior Court, Case No. 20CECG01011 Filed: 3/18/20 and appealed in the Court of Appeal, Fifth Appellate District No. F084294 (“DD1 Validation Action”)
        (B) Acting as the governing board of Westlands Water District Distribution District No. 2: Westlands Water District Distribution District 2 v. All Persons Interested in the Matter of the Contract Between the United States and Westlands Water District Distribution District No. 2 Providing Project Water Service and Facilities Repayment, Fresno County Superior Court, Case No. 20CECG01012 Filed: 3/18/20 and appealed in the Court of Appeal, Fifth Appellate District No. F084291 (“DD2 Validation Action”)
      13. Pacific Coast Federation of Fishermen’s Association et al. v. Raimondo, et al., United States District Court, Eastern District of California, Case No. 1:20-cv-0431-JLT-EPG (“2019 ROC on LTO NGO Litigation”)
      14. California Natural Resources Agency et al. v. Raimondo, et al., United States District Court, Eastern District of California, Case No. 1:20-cv-0426-JLT-EPG (“2020 ROC on LTO AG Litigation”)
      15. Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket Nos. ER20-2878-000 et al. (“PG&E Wholesale Distribution Tariff Proceedings”)
      16. California Sportfishing Protection Alliance et al. v. State Water Resources Control Board et al., Sacramento County Superior Court, Case No. 34-2021-80003761 (“2021 Order Re TUCP”)
      17. California Sportfishing Protection Alliance et al. v. State Water Resources Control Board et al., Sacramento County Superior Court, Case No. 34-2021-80003763 (“2021 Order Re Shasta Temp. Mgmt. Plan”)
  13. Report from Closed Session, if any, Required by Government Code Section 54957.1
  14. Adjournment

Order of Business

The order of business reflected in this Agenda is subject to change.

Accessibility

A person with a qualifying disability under the Americans with Disabilities Act of 1990 may request the District provide a disability-related modification or accommodation in order to facilitate that person’s participation in any public meeting of the District.  Such assistance includes appropriate alternative formats for the agendas and agenda packets used for any public meetings of the District.  Requests for such assistance may be made in person at the District’s Fresno office, which is located at 286 W. Cromwell Avenue, Fresno, California, 93711 by telephone (559-224-1523), facsimile (559-241-6277), or written correspondence addressed to Westlands Water District, Attn: Karen Clark, P.O. Box 5199, Fresno, California 93711.  Notifications of at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made.

Remote Participation by Members of the Public

At this time, the District permits any member of the public to participate in meetings of its Board and Committees from any location by telephone or video, or both.  Remote participation by members of the public from any location is offered as a courtesy and is not required by law.  Telephone and internet access and reliability varies widely, and District staff may not be able to assist members of the public with technical difficulties.  To avoid issues that may arise from participating remotely by phone or video, members of the public who wish to provide public comment are encouraged to attend in person at a noticed location.

At the appropriate time to provide the comment, members of the public wishing to comment will be acknowledged by the Chair of the meeting.  Members of the public participating by video should use the “Raise Hand” tool located in Zoom meeting link when seeking to provide public comment on an item.

Document Availability

Written material related to an item on this agenda that is distributed less than 72 hours prior to this meeting to at least a majority of the members of the legislative body will be available for inspection at the District’s Fresno office, which is located at 286 W. Cromwell Avenue, Fresno, California, 93711.

Written material distributed during a public meeting will be available for public inspection at the meeting, if prepared by District staff or a member of its legislative body, or after the meeting if prepared by some other person.

Disclosure

This agenda has been prepared pursuant to applicable laws of the State of California, including but not limited to, Government Code section 54950 et seq.  The agenda and information to support items on the agenda have not been prepared to inform an investment decision concerning the District, including in any of District’s bonds, notes, or any other financial obligations.  Any projections, plans, or other forward-looking statements included in the information in this agenda or the information supporting the items on the agenda are subject to a variety of uncertainties that could cause any actual plans or results to differ materially from such statements. The information in this agenda and the information supporting the items on the agenda are not intended to be used by investors or potential investors in considering the purchase or sale of the District’s bonds, notes, or other financial obligations.  Investors and potential investors should rely only on information filed by the District on the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access System for municipal securities disclosures and the District’s Investor Relations website, maintained on the World Wide Web at emma.msrb.org and wwd.ca.gov/investor-relations, respectively.  For purposes of this note, “District” means Westlands Water District, Westlands Water District Distribution District No. 1, Westlands Water District Distribution District No. 2, San Luis Unit/Westlands Water District Financing Authority, and/or Westlands Water District Financing Corporation.