Westlands Water District

Fresno, CA

Board Meeting (6-15-2021)

Notice

Notice is hereby given that a regular meeting of the Board of Directors of Westlands Water District will be held on June 15, 2021 at 1:00 p.m. at the District’s Fresno Office, 3130 N. Fresno Street, Fresno, California 93703.

Public Comment – Any member of the public may address the Board 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 Board President may waive these limitations.

Hearing

  1. Petitions for Exclusion of Lands From Westlands Water District Distribution District No. 2 (Ormonde) – The Board will hear comments and consider the exclusion of lands from the distribution district.

Agenda

  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.
  3. Board of Directors to Consider Approval of the Minutes of the Regular Board Meeting of May 18, 2021 and Special Board Meeting of May 21, 2021
  4. General Manager’s Report (Birmingham)
    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, and Other Resources Activities
    2. Federal & State Legislative Affairs
    3. Public Outreach
    4. Other District Activities
  5. Outside Agency Activities (Board) – Reports on activities of outside agencies (FFA, SLDMWA, ACWA and SFCWA, etc.) will be presented.
  6. Legal Affairs Committee  (Coelho) – The Committee Chair will report on items within the Committee’s jurisdiction.
  7. Operations & Maintenance Committee (Coelho) – The Committee Chair will report on items within the Committee’s jurisdiction.
  8. Personnel Committee – The Committee Chair will report on items within the Committee’s jurisdiction.
  9. Water Policy Committee (Neves) – The Committee Chair will report and the Board will act upon recommendations of the Committee, if any, regarding the following items:
    1. Consider Recommendation that the Board of Directors Adopts Resolution No.109-21, Placing in Nomination Director Ryan Ferguson as a Board Member of the Association of California Water Agencies, Region 6
    2. Consider Proposed Criteria for Potential Program that Provides Continued Benefits to Non-Irrigable Lands
  10. Sustainable Groundwater Management Act – 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 (SGMA) implementation/compliance activities, including actions to implement the Groundwater Sustainability Plan
  11. Finance & Administration Committee – The Committee Chair will report and the Board will act upon recommendations of the Committee, if any, regarding the following items:
    1. Consider Recommendation that the Board of Directors Approves a 2020-2021 Budget Transfer for Preparation of an Environmental Impact Report to Evaluate Potential Impacts Associated with Proposed Article 2 Revisions and Potential Conversions of Agricultural Lands
    2. Consider Recommendation that the Board of Directors Approves Accounts Payable Reports
    3. Receive Report on Investments and Financial Reports
  12. Board of Directors to Consider Appointment of District Representatives to the San Luis & Delta-Mendota Water Authority Board of Directors
  13. Board of Directors to Consider Adopting Resolution No. 110-21, Confirming the Execution and Delivery of the Contract Between the United States and Westlands Water District Providing for Project Water Service, San Luis Unit and Delta Division and Facilities Repayment in Accordance with Resolution No. 119-19
  14. Board of Directors to Consider Request for a Contribution to Reception for Jose Ramirez
  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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Cal. Gov. Code section 54956.8)
      1. Property: Water Supply
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Placer County Water Agency
        Under Negotiation: Price and terms of payment
      2. Property: Water Supply
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Contra Costa Water District
        Under Negotiation: Price and terms of payment
    2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
      Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section 54956.9 – 1 potential cases
    3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
      Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 – 5 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-DAD/SKO, 1:91-cv-048-NONE/SKO
      2. Westlands Water District v. United States, United States Court of Appeal for the Federal Circuit, Case No. 13-5069
      3. California Water Impact Network, et al. v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758); Central Delta Water Agency, et al. v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758); North Coast Rivers Alliance, et al. v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758) (“Delta Plan 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-DAD-SKO (“Challenge to Interim Renewal Contracts & Repayment Contracts”)
      5. Natural Resources Defense Council et al. v. Haaland et. al., United States District Court, Eastern District of California, Case No. 1:05-cv-01207-DAD-EPG, on appeal in the United States Court of Appeals for the Ninth Circuit, Case No. 21-15163 (“2005 DMC Contract Renewals Litigation”)
      6. City of Fresno, et al. v. United States, United States Court of Federal Claims, Case No. 1:16-cv-01276-EDK (“Friant Takings Suit”)
      7. North Coast Rivers Alliance v. Delta Stewardship Council, Sacramento County Superior Court, Case No. 34-2018-80002898; Central Delta Water Agency v. Delta Stewardship Council, Sacramento County Superior Court, Case No. 34-2018-80002900; Friends of the River v. Delta Stewardship Council, Sacramento County Superior Court, Case No. 34-2018-80002901; California Water Impact Network v. Delta Stewardship Council, Sacramento County Superior Court, Case No. 34-2018-80002904 (“Delta Plan Amendment Litigation”)
      8. State Water Board Cases, Sacramento County Superior Court Case No. JCCP 5013 (formally Westlands Water District v. State Water Resources Control Board, Fresno County Superior Court, Case No. 19CECG00165) (“WQCP Phase 1 Litigation”)
      9. 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”)
      10. North Coast Rivers Alliance et al. v. Westlands Water District, Shasta County Superior Court, Case No. 192958; on appeal in the Third Appellate District, Case No. C092233 (“Public Resources Code Section 5093.542”)
      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 (“Main Contract Validation Action”). Related Appeals:

        Westlands Water District v. County of San Joaquin et al., Fifth Appellate District, Case No. F081181; Westlands Water District v. California Water Impact Network et al., Fifth Appellate District, Case No. F0801182; Westlands Water District v. North Coast Rivers Alliance et al., Fifth Appellate District, Case No. F081174

      12. 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-00431-DAD-EPG (“2019 ROC on LTO NGO Litigation”)
      13. California Natural Resources Agency et al. v. Raimondo, et al., United States District Court, Eastern District of California, Case No. 1:20-cv-00426-DAD-EPG (“2020 ROC on LTO AG Litigation”)
      14. Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket Nos. ER20-2878-000 et al. (“PG&E Wholesale Distribution Tariff Proceedings”)
      15. Westlands Water District v. All Persons Interested in the Contract Between the United States and Westlands Water District Providing for Project Water Service from Delta Division and Facilities Repayment, Fresno County Superior Court, Case No. 20CECG03336 (“Oro Loma Assignment Validation Action”)
      16. In re Application No. A029657 of the County of San Joaquin for a Permit to Appropriate Water from the South Fork American River at the Freeport Regional Water Authority Facility on the Sacramento River, State Water Resources Control Board (“San Joaquin County Water Right Application”)
      17. Center for Biological Diversity v. United States Fish and Wildlife Service et al., United States District Court, District of Columbia, Case No. 1:21-cv-00884-EGS (“Longfin Listing Case”)
      18. San Francisco Baykepper v. United States Fish and Wildlife Service et al., United States District Court, Northern District of California, Case No. 3:21-cv-02566-JCS (“2nd Longfin Listing Case”)
  17. Report from Closed Session, if any, Required by Government Code Section 54957.1
  18. Consider Recommendation that the Board of Directors Authorizes the Execution of the 2021 Water Purchase Agreement with Placer County Water Agency, Finds the Water Transfer Exempt from the California Environmental Quality Act,  and Authorizes Related Actions (This item and the staff report were originally numbered 17 in the agenda posted on June 10, 2021)
  19. Consider Recommendation that the Board of Directors Authorizes Execution of the Cooperative Agreement for Central Valley Project Water Transfer Project Between Del Puerto Water District, Panoche Water District, Westlands Water District and Contra Costa Water District, Finds the Water Transfer Exempt from the California Environmental Quality Act, and Authorizes Related Actions (This item and the staff report were originally numbered 18 in the agenda posted on June 10, 2021)
  20. 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.

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 during normal business hours 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.