Westlands Water District

Fresno, CA

Board Meeting (9-20-2022)

Notice

Notice is hereby given that a regular meeting of the Board of Directors of Westlands Water District will be held on September 20, 2022 at 1:00 p.m. at the District’s Fresno Office, 3130 N. Fresno Street, Fresno, California, 93703.

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

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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.

Meeting 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.

    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. Approval of the Minutes of the Regular Board Meeting of August 16, 2022
    2. Approval of the Accounts Payable Reports
    3. Acceptance of the Investment and Financial Reports
    4. Consider Authorizing the General Manager or Designee to Execute Amendment Four (4) to Contract DE-MM65-84WP59096 and Exhibit C with Western Area Power Administration, and Related Actions
    5. Consider Adopting Resolution No. 125-22, Authorizing Execution of the First Amendment to San Luis & Delta-Mendota Water Authority Long-Term North to South Water Transfer Program Activity Agreement, Finding Execution of the First Amendment to San Luis & Delta-Mendota Water Authority Long-Term North to South Water Transfer Program Activity Agreement not subject to the California Environmental Quality Act, and Authorizing Related Actions.
    6. Consider Recommendation that the Board of Directors Authorizes Execution of the Fallowing Water Purchase Agreement and, Annually, the Fallowing Transfer Agreement with San Luis Canal Company, Finds the Water Transfer Exempt from the California Environmental Quality Act, and Authorizes Related Actions
    7. Consider Authorizing the General Manager or Designee to Execute an Option Agreement for the Acquisition of Approximately 158 acres of Land, Located in the Northeast Quarter Section 31, T.16S., R.15E. M.D.B.&M.
    8. Consider 2022-2023 Budget Augmentation for the Broadview Aquifer Storage and Recovery Project
    9. Consider 2022-2023 Budget Transfer for Alternative Water Supply Projects Economic Analysis for Long-Run Strategic Planning

      Report and Additional Action Item

  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, 2021 Endangered Species Act Consultation on and Environmental Review for the Coordinated Long-Term Operation of the CVP and SWP, and Other Resources Activities
    2. Federal & State Legislative Affairs
    3. Public Outreach
    4. Update on Improvements of New District Office and Other Matters Related to Occupancy of New Office
    5. Other District Activities
  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. Legal Affairs Committee (Assemi) – 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 (Bourdeau) – The Committee Chair will report on items within the Committee’s jurisdiction.
  9. Water Policy Committee (Anderson) – The Committee Chair will report on items within the Committee’s jurisdiction.
    1. Consider Authorizing Execution of a Professional Services Agreement with Bicker, Castillo & Fairbanks Based on the Proposal for Public Affairs & Communications Support
    2. Receive an Update on the Storage Treatment Aquifer Recharge Facilities
  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 implementation/compliance activities, including actions to implement the Groundwater Sustainability Plan
    2. Board of Directors Consider Modifying the Boundary of the Subsidence Prone Areas within the Westside Subbasin
  11. Finance & Administration Committee (Nunn) – The Committee Chair will report on items within the Committee’s jurisdiction.
  12. Board of Directors to Consider Establishing Criteria for Rejecting and Accepting Offers Made Pursuant to the District’s Land Acquisition Program, Reverse Auction, Authorizing District Staff to Reject or Accept Offers Pursuant to those Criteria, and Authorizing Related Actions
  13. 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.
  14. 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: Up to approximately 17,000 acres of private land shown on figure titled Reverse Auction Lands, which is incorporated herein by this reference
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Landowner(s)
        Under Negotiation: Price and terms of payment
      2. Property: Up to approximately 58,900 acres of District owned land shown on figure titled District Land, which is incorporated herein by this reference
        Agency Negotiator: General Manager or designee
        Negotiating Parties: Golden State Clean Energy, LLC
        Under Negotiation: Price and terms of payment
      3. Property: Up to approximately 1,300 acres of District owned land situated in the unincorporated area of Yolo County, Sections 19 and 20, and portions of Sections 16, 17, 18, 19, 20, 21, and 30, Township 6 North, Range 3 East, Mount Diablo Base and Meridian, and also being Parcel 7 and portions of Parcels 1, 4 and 5 as described in Document No. 2007-0041518-00.
        Agency Negotiator: General Manager or designee
        Negotiating Parties: David E. Wood
        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 – 9 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. 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) and North Coast Rivers Alliance, et al. v. Delta Stewardship Council, et al. on appeal in the Court of Appeal, Third Appellate District, Case No. C096380 (“Delta Plan Litigation”)
      4. 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”)
      5. 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”)
      6. 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”)
      7. 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”)
      8. 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”)
      9. City of Fresno, et al. v. United States, United States Court of Federal Claims, Case No. 1:16-cv-01276-EDK (“Friant Takings Suit”)
      10. State Water Board Cases, Sacramento County Superior Court Case No. JCCP 5013 (“WQCP Phase 1 Litigation”)
      11. 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”)
      12. 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”)
      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. 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, Administrative Hearing Office (“San Joaquin County Water Right Application”)
      17. In re Application No. A030531B of the City of Stockton for a Permit to Appropriate Water from the San Joaquin River Originating from Wastewater Discharges by the City, State Water Resources Control Board, Administrative Hearing Office (“City of Stockton Water Right Application”)
      18. 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)
      19. 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)
  15. Report from Closed Session, if any, Required by Government Code Section 54957.1
  16. Adjournment

Map A

Map B

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 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.

Document Availability

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.