Westlands Water District

Fresno, CA

Legal Affairs Committee (1-19-2021)

PARTICIPATION EXCLUSIVELY THROUGH ZOOM Meeting

Notice

Notice is hereby given that a regular meeting of the Legal Affairs Committee of the Board of Directors of Westlands Water District will be held on January 19, 2021 at 9:00 a.m.

In accordance with the Governor’s Executive Order N-29-20, issued pursuant to the Governor’s State of Emergency proclamation, and in response to the COVID-19 pandemic, this meeting will occur exclusively through Zoom.

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Meeting ID: 954 0217 3393
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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.

At the beginning of the meeting, the Chair of the Committee will provide instructions on how members of the public can participate in the meeting.

COMMITTEE MEMBERS

  • Frank Coelho, Jr., Chair
  • Stan Nunn
  • Kevin Assemi
  • Dan Errotabere

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.

Agenda

  1.  Call to Order
  2. Committee to Consider Corrections or Additions to the Agenda of Items, as authorized by Government Code Section 54950 et seq.
  3. Public Comment – Any member of the public may address the Committee concerning any matter not on the agenda within the Committee’s jurisdiction.  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.
  4. Closed Session – The Board will meet in closed session pursuant to the Government Code sections noted to discuss the following:
    1. 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 
    2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 – 4 potential cases
    3. 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-LJO/SKO
      2. Westlands Water District v. United States, United States Court of Appeal for the Federal Circuit, Case No. 13-5069
      3. San Luis & Delta-Mendota Water Authority and Westlands Water District v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758); State Water Contractors, et al. v. Delta Stewardship Council, et al. (Sacramento County Superior Court JCCP No. 4758); 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. Bernhardt et al., United States District Court, Eastern District of California, Case No. 1:05-cv-01207-DAD-EPG (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 (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. Ross 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. Ross 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. James Irrigation District v. Westlands Water District, Kern County Superior Court, Case No. BCV-20-101432 (Challenge to MPG 20-Year Exchange Program)
      15. Pacific Gas and Electric Company, Federal Energy Regulatory Commission, Docket Nos. ER20-2878-000 et al. (PG&E Wholesale Distribution Tariff Proceedings)
      16. 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).
  5. Report from Closed Session, if any, Required by Government Code Section 54957.1
  6. Committee to Consider Legal Expenses – General 2021-2022 Requested Budget and Recommend that Same, subject to any revisions, be included in the General Manager’s 2021-2022 Proposed Budget for Consideration by the Finance & Administration Committee
  7. Adjournment

Order of Business

The order of business reflected in this Notice and 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 (559-225-1523), 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 St., Fresno, California.

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

I, Original Signed by District Secretary, declare that the foregoing agenda for the January 19, 2021 meeting of the Legal Affairs Committee of Westlands Water District was posted on January 14, 2021 at the District’s Fresno Office, 3130 N. Fresno Street, Fresno, CA 93703, at the District’s Five Points Field Office, 23050 W. Mt. Whitney Avenue, Five Points, CA 93624, and on the District’s website and was available for public inspection.