This notice regards:
Items to Note
Westlands Water District (District) proposes to impose water rates and charges, effective March 1, 2024, and upon adoption by the Board of Directors, for the purpose of collecting funds to pay costs related to water service. These water rates and charges are based on an estimated 25% Central Valley Project (CVP) allocation and projected costs of other delivered water, and may be paid by you or by your tenant. The District will collect pass-through costs subject to Federal and State contracts; agreements and laws for U.S. Bureau of Reclamation water rates; Reclamation Fund rates; San Luis & Delta-Mendota Water Authority water rates, charges, and costs; and State Water Resources Control Board fees. Through its proposed water rates, the District proposes to collect pass-through rates, charges, and costs from the San Luis & Delta-Mendota Water Authority for activity agreements, including the agreement related to the financing of the Delta Habitat Conservation and Conveyance Program (DHCCP). Per Board Resolution No. 101-23, adopted on February 21, 2023, for the current and next four fiscal years, these pass-through rates, charges, and costs are subject to change by action of the levying agencies, and the District will pass along any rate increases or decreases without another hearing on them.
The District also proposes to impose land-based charges, effective March 1, 2024 and upon adoption by the Board of Directors, for the purpose of collecting funds to pay: 1) debt service required as a result of District Water Supply acquisitions related to the Sagouspe settlement agreement, 2) extraordinary repairs and replacements of distribution system pipe, 3) Westlands Water Quality Coalition charges for representative monitoring and reporting under the Regional Water Quality Control Board’s Waste Discharge Requirements General Order for the Western Tulare Basin, and 4) debt service required for prepayment of the District’s remaining obligation for construction costs of the CVP. In its capacity as the Groundwater Sustainability Agency (GSA) tasked with implementing the Westside Subbasin Groundwater Sustainability Plan (GSP), the District proposes land-based charges for the purposes of collecting funds to pay costs associated with Sustainable Groundwater Management Act implementation, including groundwater meter installation, and groundwater level monitoring and reporting.
Water Rates and Charges
The District budget will include funding for water costs, which includes a portion of the District’s Operation and Maintenance costs, to provide water service to water users. If approved, water users will be charged various water rates and/or charges per acre-foot of water delivered based on the cost to the District to provide this water service. The pass-through water rates and charges imposed by levying agencies are determined and calculated by such agencies. All other rates and charges are determined on a per acrefoot basis for each water type’s associated cost divided by the estimated amount of the water type that will be delivered to water users. Rates and charges for Municipal and Industrial water are an aggregate of: 1) levying agency rates, and 2) rates and charges determined on a per acre-foot basis for each water type’s associated cost divided by the estimated amount of the water type that will be delivered to Municipal and Industrial water users.
District Water Supply Debt Service
The District budget will include funding for debt service related to financing the acquisition of District Water Supply in accordance with the Sagouspe settlement agreement. If approved, all Pre-Merger and Merged irrigable lands, except lands acquired by the District or lands for which the permanent right to the allocation of the District’s water supply has been acquired by the District, will be charged in accordance with the agreement. The charge will be determined by parcel within each area, based upon the parcel’s irrigable acres in proportion to the total irrigable acres, after exclusions, in the respective area.
Extraordinary Repairs of Distribution System Pipe
The District budget will include funding for expenses related to the repair and replacement of certain distribution system pipe. If approved, all Pre-Merger and Merged irrigable lands, except lands acquired by the District or lands for which the permanent right to the allocation of the District’s water supply has been acquired by the District, will be proportionately charged. The charge will be determined by parcel, based upon the parcel’s irrigable acres in proportion to the total irrigable acres, after exclusions, in Pre-Merger and Merged lands.
Drainage Service Area
The District budget will include funding for the expenses related to costs for representation of landowners in dispute with the United States over drainage. The Drainage Service Area land-based charge will be charged to irrigable acres within the Drainage Service Area in the 2024-2025 water year.
Westlands Water Quality Coalition
The District budget will include funding for the Westlands Water Quality Coalition (Coalition), which was formed to serve as the third-party representative for landowners and operators of irrigated lands covered under the Regional Water Quality Control Board’s Waste Discharge Requirements General Order for the
Western Tulare Lake Basin Area. If approved, all irrigable lands that have been enrolled in the Coalition will be proportionately charged. The charge will be determined by parcel, based on the parcel’s irritable acres in proportion to the total irrigable acres, after exclusions, in the Coalition service area.
Capital Repayment Debt Service
The District budget will include funding for debt service of the San Luis Unit/Westlands Water District Financing Authority Revenue Bonds (Westlands Water District), Series 2020A and Subordinate Revenue Bonds (Westlands Water District), Series 2020B, which relate to financing the prepayment of what was the District’s remaining obligation for construction cost of the CVP. Pursuant to Section 4011 of the Water Infrastructure Improvements for the Nation Act (130 Stat. 1878), the United States and the District converted the District’s water service contracts to repayment contracts. Through the issuance of the San Luis Unit/Westlands Water District Financing Authority Revenue Bonds (Westlands Water District), Series 2020A and Subordinate Revenue Bonds (Westlands Water District), Series 2020B, the District paid to the United States the District’s remaining obligation for construction costs of the CVP.
In the prior year, the District collected fifty percent of the budgeted amount for debt service through a land-based charge to irrigable acres and the other fifty percent was collected as a per acre foot charge to all water delivered in the District. For the 2024-2025 year, the District will collect 100% of the debt service associated with the capital repayment through a land-based charge only. If approved, all Pre-Merger and Merged irrigable lands will be proportionately charged, except lands acquired by the District or lands for which the permanent right to the allocation of the District’s water supply has been acquired by the District. The charge will be determined by parcel, based upon the parcel’s irrigable acres in proportion to the total irrigable acres, after exclusions, in Pre-Merger and Merged lands.
Sustainable Groundwater Management Act (SGMA)
The District budget will include funding for the District, serving as the Groundwater Sustainability Agency (GSA), to implement the Westside Subbasin Groundwater Sustainability Plan (GSP). Formation of the GSA and development of the GSP are requirements of the SGMA. The District funded the majority of the GSP development from a state grant, and the remainder was funded from the District’s O&M rate. The District will reimburse the O&M rate from the SGMA land-based charge, once adopted. Thus, the SGMA land-based charge includes a rate component to reimburse the District for SGMA related expenses incurred through fiscal year 2019-2020 over a 5-year period. The 2024-2025 fiscal year will be the last year the District will include the reimbursement component.
The SGMA land-based charge also includes a rate component to fund post-GSP adoption and implementation costs, including annual Department of Water Resources (DWR) reporting, groundwater, land subsidence and water quality monitoring, public outreach, and preparation of the five-year GSP update.
If approved, all lands in the Westside Subbasin, excluding the District-owned land and Disadvantaged Communities, will be proportionately charged. The charge will be determined by parcel, based on the parcel’s gross acres in proportion to the total gross acres, after exclusions, in the Westside Subbasin.
Separate from the SGMA land-based charge, each non-exempt parcel with an active groundwater well, without a District flow meter, will be responsible for all expenditures associated with furnishing and installing a groundwater flow meter under Water Code section 10725.8, which may include all expenditures associated with modifications to the discharge system(s) necessary to meet specifications for District groundwater meters, in order to accurately record groundwater usage as part of the Projects and Management Action(s) of the Westside Subbasin’s GSP.
Calculation of Charges
Enclosed with this Notice is a listing of proposed water rates and charges that identifies the charge per unit that will be billed to District water users and landowners. Also enclosed with this Notice is a listing of proposed land-based charges that identifies for the landowner of record each parcel, the irrigable acres for each parcel, the charge per acre, and the calculated charge per parcel. The land-based charges for SGMA are charged on gross acres and appear on a separate listing included with this Notice. If the parcel’s irrigable acres are too small to generate a charge, a listing of proposed land-based charges will not be enclosed.
Public Hearing
The District will hold a public hearing on the proposed water rates, charges, and land-based charges on Thursday, February 22, 2024, at 9:00 a.m., or as soon thereafter as the matter may be heard, at the District’s Fresno Office, 286 W. Cromwell, Fresno, CA 93711. At this public hearing, the Board shall hear and consider all objections or protests, if any, to the proposed water rates, charges, and land-based charges.
Written protests against any or all proposed water rate(s), charge(s), and/or land-based charges may be filed with the District Secretary at or before the close of the public hearing. Protests must indicate the water rate(s), charge(s), and/or land-based charges being opposed and contain a description of the land owned sufficient to identify the land. If the name on the written protest is not shown on the last equalized assessment roll of the District as the owner of the land, the signer of the protest must also submit written evidence of ownership. Written protests may be mailed to:
District Secretary
Westlands Water District
P.O. Box 5199
Fresno, CA 93755
All written protests must be received by the close of the protest hearing. If written protests against a proposed water rate, charge, or land-based charge are filed by a majority of the affected landowners, the rate or charge will not be imposed. If you have questions about the proposed water rates and charges, please call Customer Accounting at (559) 241-6250. If you have any questions about the proposed landbased charges, please call Stephen Farmer at (559) 241-6240.
Any judicial action or proceeding to attack, review, set aside, void, validate, or annul an ordinance, resolution, or motion adopting a water rate, charge, or land-based charge, or modifying or amending of an existing water rate, charge, or land-based charge, shall be commenced within 120 days of the effective date or of the date of the final passage, adoption, or approval of the ordinance, resolution, or motion adopting, modifying, or amended the rate, charge, or land-based charge, whichever is later. (See California Government Code § 53759).
No. 727