Westlands Water District Statement on 2020 Initial Allocation

For Immediate Release
Contact: Diana Giraldo
(559) 241-6277

Today the Bureau of Reclamation announced that the initial 2020 allocation for south-of-Delta Central Valley Project (CVP) agricultural water service contractors is 15%. Needless to say, Westlands Water District wishes it were higher, and the District is confident that Reclamation would have provided a higher allocation if existing conditions would have allowed it.

It is likely many people will question a 15% initial allocation considering President Donald J. Trump’s recent remarks concerning new biological opinions issued for coordinated operations of the CVP and State Water Project (SWP). Without question, those new biological opinions restore operational flexibility to the CVP and SWP, while at the same time providing more protection for listed species. Indeed, if those biological opinions had been in effect in 2019, the projects would have been able to conserve more than an additional one-million acre-feet of water. That is enough water to irrigate 300,000 acres of land or serve more than 2 million households in urban areas served by the CVP and SWP. However, 2019 was a wet year, and unless California begins to experience significantly more precipitation, both in the form of rain and snow, 2020 will ultimately be classified as a dry or critical year. Even with the new biological opinions, Reclamation cannot allocate water that its operations forecast indicates will not be available.

Despite the lack of precipitation, it should be noted that the new biological opinions have benefited farmers in the San Joaquin Valley. The 2020 water year is shaping up to be very similar to 2009, a critically dry year. In 2009, south-of-Delta CVP agricultural water service contractors received a 10% allocation, and that allocation did not come until April. Comparatively speaking, a 15% allocation in February is good news. Westlands staff will continue to work with Reclamation and other CVP contractors to analyze hydrologic and environmental conditions in hopes the allocation can be increased as early as practicable.   

Westlands Water District is the largest agricultural water district in the United States, made up of more than 1,000 square miles of prime farmland in western Fresno and Kings Counties. Westlands provides water to 700 family-owned farms that average 653 acres in size.

Don Peracchi Steps Down as President of Westlands Water District

For Immediate Release
Contact: Kathryn Boren
(559) 241-6238

On December 17, 2019, Don Peracchi announced that he would step down as President of Westlands Water District’s Board, effective December 31, 2019. Following his announcement, the District’s Board of Directors voted unanimously to elect Director Daniel Errotabere as President of the District.

Mr. Peracchi stated, “It has been an honor to serve as Westlands’ President, and I am proud of the District’s accomplishments over the last several years. These include the District’s role in passage of the WIIN Act, its role in negotiating revisions to the Coordinated Operations Agreement, conversion of the District’s water service contract to a repayment contract, and development of the groundwater sustainability plan. The District has a well-functioning Board supported by competent, dedicated staff. I believe it’s time to provide another Director with the opportunity to serve as President of the District.”

Tom Birmingham, the District’s general manager, stated, “On behalf of the staff, I want to express our appreciation to Mr. Peracchi. Few people understand the time commitment required to serve as Westlands’ President; it is a full-time job. Mr. Peracchi led the District through difficult times, when drought and regulatory restrictions severely reduced water supply, but because of his leadership on the Board, the District is in a good position.”

Mr. Errotabere stated, “Don Peracchi leaves big shoes to fill. He did an incredible job of leading the District through difficult times. I am gratified that the Board has confidence in my ability to continue the course set by Don and the Board.”

Mr. Peracchi has served as a Director of Westlands since 2008 and was elected President in 2011. He will remain on the Board of Directors. Mr. Errotabere, who previously served as Westlands’ President from 2002 through 2005, will begin his second term as President of Westlands on January 1, 2020. 

Westlands is a public water district governed by a nine-member Board of Directors. Elections for the Board are held every two years and Directors are elected to four-year terms in office. The Board elects the District President and appoints other officers. 

Westlands Water District is the largest agricultural water district in the United States, made up of more than 1,000 square miles of prime farmland in western Fresno and Kings Counties. Westlands provides water to 700 family-owned farms that average 653 acres in size.

Statement from Tom Birmingham, General Manager of Westlands Water District, in response to the U.S. Bureau of Reclamation’s proposed conversion of the Westlands Water District water service contract to a repayment contract

For Immediate Release
Contact: Diana Giraldo
(559) 241-6233

The American West is an arid region. When President Obama signed the Water Infrastructure Improvements for the Nation (WIIN) Act in 2016, it was with the express intent of improving the nation’s water infrastructure, especially in the western United States. As part of this improvement, Section 4011 (a)(1) of Subtitle J of the Act provides that the Secretary of the Interior shall convert water service contracts to repayment contracts at the request of any existing water service contractor.

Section 4011 was included in the WIIN Act to create a source of money that the Bureau of Reclamation could use to construct water storage projects around the west. It was intended by the Act’s co-author, Senator Dianne Feinstein, to help California “prepare for [that] future while providing us with access to more water now.” When President Obama signed the bill into law, he stated that, “This important partnership has helped us achieve a careful balance based on existing state and federal law.”

Converting “temporary” water service contracts to “permanent” repayment contracts is not uncommon. In fact, an underlying principle of federal Reclamation law — that water users who have repaid the construction costs of a project would have a permanent right to the use of water developed by a project — has been reaffirmed by Congress multiple times since it was first laid out in the Reclamation Act of 1902. In the Central Valley Project, the San Joaquin River Restoration Settlement Act directed the Secretary of the Interior to convert water service contracts in the Friant Division to repayment contracts to generate revenue for the San Joaquin River restoration program, and those water service contracts were in fact converted to repayment contracts. According to the Bureau of Reclamation, as of October 2019 more than 75 agencies that had “temporary” water service contracts to receive Central Valley Project water, including the State of California Department of Fish and Wildlife, have exercised the option provided by the WIIN Act to convert their contracts to “permanent” repayment contracts. The contract terms proposed in the repayment contracts for Westlands and other Central Valley Project contractors under the WIIN Act are nearly identical to those in the Friant Division repayment contracts.

Further, as President Obama also noted, the provisions of Subtitle J of the WIIN Act were intended to help meet California’s long-term water needs, helping to “assure that California is more resilient in the face of growing water demands and drought-based uncertainty.” In the case of Westlands’ contract conversion, like all contract conversions done before or after, it offers a win-win for all parties. The Westlands contract conversion will accelerate payment of approximately $320 million to the federal government years before payment is due. This money, pursuant to the WIIN Act, will be placed in the Reclamation Water Storage Account to be used for the construction of water storage and supply projects that can benefit all Central Valley Project purposes.

Westlands Water District is the largest agricultural water district in the United States, made up of more than 1,000 square miles of prime farmland in western Fresno and Kings Counties. Westlands provides water to 700 family-owned farms that average 653 acres in size.

Termination of Shasta Dam Raise CEQA Analysis

For Immediate Release
Contact: Kathryn Boren
(559) 241-6238

FRESNO, CA – Today, Westlands Water District terminated its preparation of an environmental impact report pursuant to the California Environmental Quality Act (CEQA). The District was preparing the environmental impact report to assess the effects of raising Shasta Dam, as proposed by the Bureau of Reclamation, including whether the Dam raise would adversely affect the free-flowing conditions of the McCloud River or its wild trout fishery.

Under federal law, if Reclamation determines to raise the Dam, local cost share partners would be responsible for at least half of the costs. The environmental impact report being prepared by the District would have provided the information necessary for the District to determine whether it could or would become a cost share partner. The District terminated the CEQA process because the Superior Court issued, at the request of the California Attorney General, a preliminary injunction that stopped the District from preparing the environmental review document until after the Court conducts a trial and issues a final decision in the case. The practical effect of the injunction is that the District would not likely be able to complete CEQA within the schedule Reclamation has for the project.

Tom Birmingham, the District’s general manager expressed his disappointment in this outcome: “no agency of the State has conducted a project-specific analysis of Reclamation’s proposal, to determine if enlargement of Shasta Dam would adversely affect aquatic resources – particularly those in the lower McCloud River. Westlands took the initiative to do that assessment, through the public process established by CEQA. It is unfortunate that, as a result of the actions of the Attorney General, Westlands was enjoined from completing that analysis.”

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Statement on Petition for Writ of Mandate

For Immediate Release
Contact: Diana Giraldo
(559) 241-6233

FRESNO, CA – Today, Westlands Water District filed a petition for writ of mandate in the California Court of Appeal, Third Appellate District, seeking an order that the Shasta County Superior Court vacate the preliminary injunction issued against the District on July 29, 2019. 

The preliminary injunction, which was sought by California Attorney General Xavier Becerra, enjoins Westlands from preparing an environmental impact report evaluating the potential impacts that might occur if the Bureau of Reclamation were to raise Shasta Dam by up to 18.5 feet. Westlands was preparing the environmental impact report to inform a future decision on whether it would contribute funds for the potential dam raise under provisions of the Water Infrastructure Improvements for the Nation Act, a bill co-authored by Senator Dianne Feinstein and Representative Kevin McCarthy and signed into law by President Barack Obama in December 2016.

Westlands General Manager Thomas Birmingham stated: “The District was disappointed the Court issued a preliminary injunction to stop Westlands from preparing and releasing for public comment a draft environmental impact report. State law does not prohibit Reclamation from raising Shasta Dam. Rather, state law prohibits an agency of the state from assisting or cooperating with the Bureau of Reclamation in planning or constructing any dam that ‘could have an adverse effect on the free-flowing condition of the McCloud River, or on its wild trout fishery.’ To date, no agency of the state has conducted any study to evaluate whether enlarging Shasta Dam by up to 18.5 feet, which Reclamation is proposing, would have adverse effects on the McCloud River or its wild trout fishery. To address this and other questions, Westlands initiated preparation of an environmental impact report pursuant to the California Environmental Quality Act (CEQA). The injunction issued by the Court enjoins Westlands from continuing with that environmental review pending the trial of the matter.”

In his moving papers and at oral argument on motion for a preliminary injunction, the Attorney General argued it would not be a violation of the law if Westlands were to study whether enlarging Shasta Dam 18.5 feet could adversely affect the free-flowing condition of the McCloud River or its wild trout fishery “in the abstract,” but the CEQA process, because it involves the public and other agencies, is not the proper mechanism for conducting the analysis to determine whether Westlands can lawfully participate in the project. 

With respect to this argument Birmingham added, “It is inconceivable this Attorney General would argue that Westlands can lawfully study the issue ‘in the abstract,’ but it is unlawful to involve the public and other agencies in its evaluation. CEQA is California’s broadest environmental law. CEQA was enacted to guide California public agencies during their consideration of discretionary projects. CEQA is intended to inform agencies and the public about the significant environmental effects of a proposed discretionary project and to enhance public participation in the environmental review process through scoping meetings, public notice, and public review and comment. The Attorney General obtained this injunction against Westlands for the express purpose of excluding the public and other agencies from the District’s analytical process.” 

Birmingham concluded, “In more than 35 years of experience working on issues related to CEQA, I am unaware of any court ever enjoining the preparation of an environmental impact report. This is not a typical CEQA case, seeking an injunction to enjoin a project or to require an agency correct deficient environmental review. Instead, this injunction halts the CEQA process before it can even be completed, or any decision has been made by the agency. The injunction is not supported by the law and is inconsistent with public policy concerning public involvement in the environmental review process.”

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Westlands Water District is the largest agricultural water district in the United States, made up of more than 1,000 square miles of prime farmland in western Fresno and Kings Counties. Westlands provides water to 700 family-owned farms that average 653 acres in size.