California Farm Bureau Federation
“Water Wise”
December 1, 2011
This is the first edition of “Water Wise”, a formal communications tool
to assist County Farm Bureaus in their knowledge and understanding of
water issues California Farm Bureau Federation staff is working on,
including issues of interest arising in other county Farm Bureaus. Each
issue of “Water Wise” will be emailed to county managers/executive
directors and presidents. Additionally, each addition will be posted to
Pathways for those signed up to access information in that medium. We
plan to produce Water Wise on at least a bi-monthly basis with any
additional issues to be published as necessary when there is an issue or
issues on which updates need to be made on a more frequent basis. If
you need further detail on any of the issues presented in Water Wise,
please contact the staff contact listed at the end of the issue.
Quantifying the Efficiency of Agricultural Water Use.
The Water Conservation Act of 2009 (SBx7 7) requires the Department of
Water Resources, in consultation with the Agricultural Water Management
Council and others to prepare a report on a methodology for quantifying
the efficiency of agricultural water use and a plan of implementation.
The report is due to the Legislature December 31, 2011, but is not
expected to be ready until February 2012. To facilitate stakeholder
input, the Department convened an Agricultural Stakeholders Committee in
2010 and conducted numerous meetings over the past year. Farm Bureau has
actively participated in the meetings and argued for a practical
methodology. The draft report was rolled out for public comment November
16. DWR also conducted three workshops in November, with comments due
November 30. Farm Bureau submitted comments and requested additional
time for our members to comment. The draft methodology report and a
summary of the methodology report are posted on the Department’s website
at
http://www.water.ca.gov/calendar/
Farm Bureau continues to advocate for a realistic and practical
methodology. Legislation to implement is expected in 2012. Staff
contact: Danny Merkley at
dmerkley@cfbf.com
or (916) 446-4647
Onsite Wastewater Treatment Systems (OWTS, or Septic Systems).
Assembly Bill 885 (Hannah-Beth Jackson) passed in 2000 requires the
State Water Resources Control Board to develop a statewide policy for
septic systems.
The new draft Policy reflects a genuine attempt by the Water Board to
incorporate the comments they received from Farm Bureau and the public
during the previous round of workshops three years ago. Under the
current Draft Policy, there are no new requirements for those with
properly functioning septic systems. The draft Policy and summary
documents are available on the Water Board’s website for a quick and
easy understanding of an otherwise complex issue at:
www.waterboards.ca.gov/septictanks
This same summary information and brief overview was presented at each
of eight Water Board workshops held around the state in October. Farm
Bureau attended and commented at all eight workshops. The draft Policy
has a tiered approach to addressing the wide variety of conditions and
septic systems throughout the state, but most importantly the draft
policy leaves much of the control with the existing local agencies while
giving guidance to address those systems that pose a threat to water
quality. Regional Water Quality Control Boards still have some say in
the implementation of the Policy through the Basin Planning process and
the establishment of Total Maximum Daily Loads (TMDL). The new draft
Policy recognizes a “one size fits all” approach is not appropriate and
the Policy does NOT require mandatory solids testing, or well
testing as was proposed in the previous draft three years ago.
Staff contact: Danny Merkley at
dmerkley@cfbf.com
or (916) 446-4647
Delta Plan EIR.
CFBF is reviewing and
will soon submit public comments on a 2,500-page Environmental Impact
Report for the Delta Stewardship Council’s Delta Plan. The Delta Plan,
which is required by legislation passed in 2009, is meant to function as
the state’s plan to achieve reliable Delta water supplies and a healthy
Delta ecosystem, while at the same time protecting the Delta and its
economy, including its agricultural resources.
Staff contact: Justin Fredrickson at
jfredrickson@cfbf.com
or (916) 561-5673
Central Valley Flood Control Plan. CFBF reviewed and commented on a
300-page “Working Draft” Central Valley Flood Control Plan. The plan
will guide state investment of $13-16 billion over 25 years in Central
Valley levees and flood facilities. The current plan includes proposals
to expand system capacity by means of setback levees and bypass
expansion on existing Central Valley farmland. CFBF is developing a
strategy to ensure increased involvement and coordination on this issue
in 2012 and beyond, by working with affected County Farm Bureaus.
Staff contact: Justin Fredrickson at
jfredrickson@cfbf.com
or (916) 561-5673
Agricultural Water Transfers.
CFBF attended an all-day workshop by the California Board of Food and
Agriculture on the topic of agricultural water transfers. Among other
things, the workshop focused on how to streamline “ag-to-ag” water
transfers as a way of responding to drought and potential reduced water
allocations. As options, the workshop considered south-of-Delta
east-to-west and CVP-to-SWP transfers, as well as the reasons for some
of the current constraints on north-to-south transfers. The Board heard
different perspectives from throughout California and described plans to
develop recommendations to the Governor’s Office on water transfers as a
tool to help California through “the next big drought.”
Staff contact: Justin Fredrickson at
jfredrickson@cfbf.com
or (916) 561-5673
North Coast Regional Water Quality Control Board—Irrigated Lands
Discharge Program.
The North Coast Regional Water Quality Control Board has begun
developing a Water Quality Compliance Program for Discharges from
Irrigated Lands to address water quality impacts associated with
irrigated agricultural lands in the North Coast Region. The Regional
Board will be holding an initial “Advisory Group” meeting comprised of
stakeholders and the general public on December 14, 2011. CFBF will be
in attendance as an interested stakeholder representative. Staff
contact: Kari Fisher at
kfisher@cfbf.com
or (916) 561-5666
North Coast Regional Water Quality Control Board—Water Quality Objective
for Temperature Policy.
CFBF’s comments on the North Coast Regional Water Quality Control
Board’s proposed Policy Statement for Implementation of the Water
Quality Objective for Temperature helped delay adoption of the policy,
allowing stakeholders additional time to work on clarifying language.
As originally drafted, the Temperature Policy appears to establish a
policy of imposing regulatory burdens on all stream reaches regardless
of whether they are listed as impaired or not. Additionally, the policy
would suggest that all land uses, including grazing and agriculture, may
be required to implement riparian management activities intended to
ensure the area achieves maximum site potential shade. The Board will
vote on this matter in early 2012. CFBF continues to work with staff to
refine the Policy.
Staff contact: Kari Fisher at
kfisher@cfbf.com
or (916) 561-5666
North Coast Regional Water Quality Control Board—Aquatic Ecosystem
Restoration Policy.
CFBF submitted comments on the North Coast Regional Water Quality
Control Board’s CEQA Scoping for the Aquatic Ecosystem Restoration
Policy. CFBF will continue to monitor the development of the policy.
Staff contact: Kari Fisher at
kfisher@cfbf.com
or (916) 561-5666
Central Valley Regional Water Quality Control Board—Mercury
TMDL.
The Central Valley Regional Water Quality Control Board adopted a
methylmercury Total Maximum Daily Load (“TMDL”) and Basin Plan Amendment
for the Sacramento and San Joaquin River Delta Estuary in mid 2010.
CFBF continues to participate in the Nonpoint Source Workgroup regarding
implementation of the TMDL for nonpoint sources, including agriculture.
Staff contact: Kari
Fisher at
kfisher@cfbf.com
or (916) 561-5666
Central Coast Regional Water Quality Control Board—Agricultural Order.
Due to lack of a Board quorum, which has subsequently been filled, the
Central Coast Regional Water Quality Control Board postponed holding a
hearing on the renewal of the Agricultural Order until 2012. Due to
this postponement, the
Executive Officer issued Executive Officer Order No. R3-2011-0017 on
September 30, 2011, extending the 2004 Conditional Waiver of Waste
Discharge Requirements for Discharges from Irrigated Lands (Agricultural
Order No. R3-2004-0117) through September 30, 2012.
Staff contact: Kari Fisher at
kfisher@cfbf.com
or (916) 561-5666
Central Coast Regional Water Quality Control Board—San Jerardo Water
Quality Issue.
CFBF is working with Monterey County Farm Bureau and affected landowners
in the San Jerardo area on Water Code Section 13267 Orders from the
Central Coast Regional Water Quality Control Board requiring extensive
and costly groundwater monitoring and reporting of technical
information, including irrigation efficiency reports and nutrient
management budgets.
Staff contact: Kari Fisher at
kfisher@cfbf.com
or (916) 561-5666
Statewide Wetlands
and Riparian Area Policy.
CFBF has been following and commenting on the development of a statewide
policy to protect wetlands and riparian areas (“Wetland and Riparian
Area Policy”). CFBF was asked to participate in a select group
representing agricultural interests regarding the potential impacts
wetland regulation will have on agriculture. CFBF signed onto a joint
coalition letter to the Governor opposing the State Water Resources
Control Board’s expanded policy and met with representatives of various
entities who joined the coalition to discuss future steps. CFBF also
attended a coalition meeting with the Governor’s Office and Cal/EPA to
further discuss our concerns with the policy. Staff contact: Kari
Fisher at
kfisher@cfbf.com
or (916) 561-5666
Statewide Nutrient
Policy.
The State Water Resources Control Board is proposing a nutrient policy
that would establish nutrient water quality objectives and establish
methods to control nutrient over-enrichment in inland surface waters of
the state. Given the potential impact to agriculture throughout the
state, CFBF attended a CEQA Scoping meeting and submitted comments on
the proposed policy. CFBF will continue to monitor the development of
the policy. Staff contact: Kari Fisher at
kfisher@cfbf.com
or (916) 561-5666
Streambed Alteration Agreements (Fish and Game Code section 1602) for
Water Use.
The Department of Fish and Game (”DFG”) continues to take the position
that a streambed alteration agreement is required before anyone can
divert water in accordance with a water right. Siskiyou County Farm
Bureau, with significant financial assistance from CFBF and numerous
county Farm Bureaus, filed litigation challenging this new
interpretation of the Fish and Game Code. A ruling on a demurrer
(attempt by DFG to have the case resolved in its favor without a trial)
is expected at any time. Staff contact: Jack Rice at
jrice@cfbf.com
or (916) 561-5667
Russian River Frost Protection Regulation.
The State Water Resources Control Board (“SWRCB”) adopted a regulation
that imposes certain requirements on all diversions for frost protection
in the Russian River watershed on the basis that all diversions for
frost protection are unreasonable if they pose a threat of stranding to
salmonids. The regulation will require any farmer whose water use may
pose a threat of stranding to salmonids (salmon or steelhead) to alter
their water use in a way that will eliminate that potential. The
regulation does not provide useful guidance on how to determine whether
a use poses a threat of stranding or what must be done to eliminate that
threat. Several local landowners and a grassroots group called Russian
River Water Users for the Environment recently filed a lawsuit
challenging the SWRCB’s authority to adopt such a regulation. No
hearings have yet been scheduled. CFBF is assisting its members in
local fundraising efforts.
Staff contact: Jack Rice at
jrice@cfbf.com
or (916) 561-5667
New Flood Control Impacts on
Rural Communities.
The Federal Emergency Management Agency (FEMA) began remapping
California’s floodplains in the years following the Katrina disaster.
These maps and their associated restrictions have the effect of making
100-year certified levees virtually unattainable in rural areas,
resulting in building restrictions, mandatory and higher flood insurance
costs, and potential ineligibility for flood disaster relief.
Agriculture is the highest and best use of floodplains, but these
landowners need to be compensated for absorbing the higher risk when
levee fortification is targeted to urban areas. We are working with a
coalition to create a new agricultural flood hazard area under the
National Flood Insurance Program (NFIP) that would address these
concerns. Staff Contact: Elisa Noble at enoble@cfbf.com or
(916)561-5618
City of San
Buenaventura v. United Water Conservation Dist., et al.
(Ventura County
Superior Court).
On October 6, 2011, the trial court granted CFBF’s and Farm Bureau of
Ventura County’s motion to intervene in a lawsuit brought by the City of
Ventura which challenges a set of groundwater charges imposed by the
United Water Conservation District. The groundwater charges were set at
a ratio of 3:1 between M&I groundwater users and agricultural
groundwater users. The City of Ventura challenges this ratio, otherwise
required by Water Code section 75594, as being an unconstitutional
“cross-subsidy” of agricultural use at the expense of M&I customers
under the requirements of Proposition 218. Farm Bureau intends to
defend the constitutionality of Water Code section 75594. Currently,
the parties are attempting to agree upon a proper venue to hear the
case. Staff Contact: Chris Scheuring at
cscheuring@cfbf.com or (916) 561-5660
SWRCB Regulation of National Forest Land Activities.
The State Water Resources Control Board (SWRCB) will hold a hearing on
December 6th regarding their proposed regulation of waste
discharge requirements for nonpoint source discharges for activities on
U.S. Forest Service (USFS) lands. This will affect our members who
harvest timber or graze livestock on USFS lands. CFBF has provided
comments, and is advocating for an alternate, simplified proposal that
would provide adequate protection while limiting potential impacts to
our members.
Staff Contact:
Elisa Noble at enoble@cfbf.com or (916)561-5618
UC Water Quality Study on U.S. Forest Service Grazing Allotments.
This project focuses on surface water quality on U.S. Forest Service
(USFS) grazing allotments in California (USFS Region 5). Concerns have
been voiced about elevated fecal indicator bacteria (FIB) concentrations
and elevated nutrient concentrations, and thus possible risk to public
health, on several grazing allotments in the Sierra Nevada. This
monitoring and educational program will evaluate water quality
conditions, sources of water pollution, and guide management to improve
water quality where needed. Farm Bureau serves as an advisory partner
on this and related studies. For more information, see
http://rangelandwatersheds.ucdavis.edu/main/projects/public_grazing_water_overview.html
Staff Contact:
Elisa Noble at enoble@cfbf.com or (916)561-5618
New Clean Water Act NPDES Permit Required for Pesticide Discharges.
On October 31, 2011, the Environmental Protection Agency (EPA) issued a
final National Pollutant Discharge Elimination System (NPDES) Pesticide
General Permit (PGP) for point source discharges from the application of
pesticides to waters of the United States. This action was in response
to a 2009 decision by the U.S. Sixth Circuit Court of Appeals in which
the court vacated EPA’s 2006 Final Rule on Aquatic Pesticides and found
that point source discharges of biological pesticides, and chemical
pesticides that leave a residue, into waters of the U.S. were pollutants
under the Clean Water Act. As a result of the court’s decision, NPDES
permits are generally required for these types of discharges as of
October 31, 2011. It is not clear yet how California will implement
this program.
Staff Contact:
Elisa Noble at enoble@cfbf.com or (916)561-5618
Governor Brown recently announced the following regional water quality
control board appointments.
Each appointment
requires Senate confirmation and compensation is $100 per diem.
North Coast Regional Water Quality Control Board (Region 1)
ü
John Corbett,
64, of McKinleyville, has been appointed to the North Coast Regional
Water Quality Control Board, where he has served as a member since 2002.
He has been senior legal counsel to the Yurok Tribe since 2003. Corbett
was general manager of the North Coast Cooperative from 1983 to 2002. He
was a special magistrate judge for the Bureau of Indian Affairs from
1979 to 1982. Corbett received his Juris Doctor degree from the
University of California, Hastings College of the Law. Corbett is a
Democrat.
ü
William Massey,
68, of Forestville, has been appointed to the North Coast Regional Water
Quality Control Board where he has served since 2000. Massey has been
professor emeritus at Santa Rosa Junior College since 2006. He was a
professor of economics and political science there from 1974 to 2006.
Massey is a Democrat.
ü
Irene Tynes,
50, of Crescent City, has been appointed to the North Coast Regional
Water Quality Control Board. Tynes is a registered nurse who served as a
Del Norte County Unified School District school nurse from 2005 to 2010.
She was a member of the Crescent City Council from 2003 to 2008 and
served as Mayor of Crescent City from 2007 to 2008. Tynes is currently
serving as a 2011-12 California Women’s Foundation fellow. Tynes is a
Democrat.
Los Angeles Regional Water Quality
Control Board (Region 4)
ü
Maria Camacho,
32, of Beverly Hills, has been appointed to the Los Angeles Regional
Water Quality Control Board. She has been a senior account manager at
Consensus Inc. since 2008. Camacho was director of public affairs for
J.S. Rosenfield and Company from 2002 to 2003 and from 2006 to 2008. She
was a co-mediator for the Loyola Center for Conflict Resolution in 2005.
Camacho received her Juris Doctor degree from Loyola Law School. Camacho
is a Democrat.
ü
Maria Mehranian, 54, of La
Canada, has been appointed to the Los Angeles Regional Water Quality
Control Board where she has served since 2008. She has been the managing
partner of the Cordoba Corporation since 1992 and vice president of
urban transportation planning there from 1987 to 1992. Mehranian is a
Democrat.
ü
Munoz, 59, of Los Angeles,
has been appointed to the Los Angeles Regional Water Quality Control
Board. She is the founder and president of Mujeres de la Tierra where
she has served since 2005. Munoz was a senior manager at TreePeople from
2001 to 2003. She was national director of marketing and customer
service for the United States Small Business Administration from 1994 to
2000. Munoz received her Juris Doctor degree from Thomas Jefferson
School of Law. Munoz is a Democrat.
Central Valley Regional Water
Quality Control Board (Region 5)
ü
Jon Costantino, 42, of Grass Valley, has been
appointed to the Central Valley Regional Water Quality Control Board. He
has been a senior advisor at Manatt Phelps and Phillips, LLP since 2010.
Costantino was a climate change planning manager at the California Air
Resources Board from 2007 to 2010 and a legislative analyst there from
2000 to 2007. He was an air pollution engineer at the Yolo Solano Air
Quality Management District from 1992 to 2000. Costantino is registered
decline-to-state.
ü
Jennifer Lester Moffitt, 31, of Yolo, will be
appointed to the Central Valley Regional Water Quality Control Board.
She has been managing director of Dixon Ridge Farms (DRF), an organic
walnut farm and processor, since 2006 and marketer at DRF, from
2004-2006. Moffitt served as an education, outreach and research
specialist for the American Farmland Trust, 2002-2005. She was appointed
to the food safety working group of the California Walnut Board in 2009.
Moffitt is a Democrat.
ü
Carmen Ramirez, 35, of Atwater, has been appointed
to the Central Valley Regional Water Quality Control Board. She has been
counsel in the Law Offices of Fagalde, Albertoni and Flores, LLP since
2010. Ramirez was an associate attorney with Allen, Fagalde, Albertoni
and Flores, 2009-2010. She was a redevelopment associate for the City of
Merced Office of Economic Development, 2003-2007. Ramirez received her
JD degree from the San Joaquin College of Law. Ramirez is a Democrat.
ü
Robert Schneider, 63, of Davis, has been appointed
to the Central Valley Regional Water Quality Control Board, where he
served as a member from 2000 to 2006. He has been a partner Verve
Enterprises since 1995. Schneider was a partner at Bob Schneider
Contractor, Ridge Builders Group, West Davis Associates from 1977 to
1997. Schneider is a Democrat.
ü
Bruce Delgado, 50, of Marina, has been appointed to
the Central Coast Regional Water Quality Control Board. Delgado has been
the mayor of the City of Marina since 2008. He has worked as a botanist
for the United States Department of the Interior, Bureau of Land
Management since 1988. Delgado is registered Green Party.
ü
Michael Johnston, 59, of Watsonville, has been
appointed to the Central Coast Regional Water Quality Control Board. He
is currently a consultant for Teamsters Local 948 and the California
Teamsters State Council of Cannery and Food Processing Unions. Johnston
was a campaign coordinator at the International Brotherhood of Teamsters
from 2006 to 2009, and a business representative for Teamsters Local 890
from 1988 until 2005. Johnston is a Democrat.
ü
Michael Jordan, 57, of Santa Barbara, has been
appointed to the Central Coast Regional Water Quality Control Board.
Jordan has been an account executive for Hub International Insurance
Services since 2000. He was a staff agent for State Farm Insurance
Company from 1995 to 2000. Jordan was an administrative officer for
Commander Fleet Activities, U.S. Navy, Yokosuka, Japan and a supervisory
recreation specialist from 1989 to 1992. Jordan is registered
decline-to-state.
ü
Jean-Pierre Wolff, 62, of San Luis Obispo, has been
appointed to the Central Coast Regional Water Quality Control Board,
where he has served since 2010. Wolff has been a viticulturist and owner
of Wolff Vineyards since 1999. He was an independent technology
consultant from 2000 to 2002, senior vice president at Global Energy
Services from 1998 to 2002, and vice president of Electro-Test Inc. from
1981 to 1998. Wolff is vice president of the Coastal San Luis Resource
Conservation District and the vice chair of the San Luis Obispo County
Agriculture Liaison Advisory Board. He received his doctorate in science
and technology from Walden University. Wolff is a Republican.
Colorado River Basin Regional Water
Quality Control Board (Region 7)
ü
Edward Muzik, 60, of Indian Wells, has been
appointed to the Colorado River Basin Regional Water Quality Control
Board, where he has served as a member since 2007. He has been general
manager of the Hi-Desert Water District of Yucca Valley since 2007 and
he was chief financial officer from 2002 to 2006. Muzik was director of
operations and finance at Vicom Systems Inc. from 1993 to 2002. Muzik is
a Republican.
Santa Ana Regional Water Quality
Control Board (Region 8)
ü
William Ruh, 52, of Montclair, has been appointed
to the Santa Ana Regional Water Quality Control Board, where he has
served as a member since 2001. He has been director of government
affairs for the Citrus Valley Association of Realtors since 2001. Ruh
has been a member of the Montclair City Council since 1998. He was a
consultant to the Joint Legislative committee on the Alameda Corridor
East from 1999 to 2001. Ruh was a field representative for Congressman
Jay Kim from 1995 to 1999. Ruh is a Republican.
San Diego Regional Water Quality Control Board (Region 9)
ü
Henry Abarbanel, 68, of Del Mar, has been appointed
to the San Diego Regional Water Quality Control Board. He has been a
professor of physics at the University of California, San Diego and a
research physicist at the Scripps Institution of Oceanography since
1983. Abarbanel served on the Del Mar City Council from 1992 to 1996 and
2000 to 2008. He was chair of the San Diego Metro Wastewater Commission
from 2005 to 2008. Abarbanel received his doctorate in physics at
Princeton University. Abarbanel is a Democrat.
ü
Eric Anderson, 54, of Escondido, has been appointed
to the San Diego Regional Water Quality Control Board, where he has
served as a member since 2002. Anderson is a farmer and vice president
of La Costa Flower Shop and Nursery. He has been a member of the board
of directors of the San Diego County Farm Bureau since 1991 and was
president from 1996 to 1998. This position requires Senate confirmation
and the compensation is $100 per diem. Anderson is a Libertarian.
ü
Tomas Morales, 48, of San Diego, has been appointed
to the San Diego Regional Water Quality Control Board. He has been a
partner in Golub and Morales, LLP since 2004. Morales was an attorney
with Thorsnes Bartolotta McGuire from 2000 to 2004 and a partner with
Strong and Morales from 1994 to 2000. Morales received his Juris Doctor
degree from Harvard Law School. Morales is a Democrat.
Lahontan Regional Water Quality
Control Board (Region 6)
ü
Peter Pumphrey, 65, of Chalfant, has been appointed
to the Lahontan Regional Water Quality Control Board, where he has
served as a member since 2010. He was a deputy district attorney for San
Joaquin County from 2001 to 2004 and a deputy public defender there from
1991 to 2001. He has served on the Chalfant Valley Community Fire
District Commission since 2007. Pumphrey received his Juris Doctor
degree from Humphreys College of Law. Pumphrey is a Democrat.
Staff contact:
Danny Merkley at
dmerkley@cfbf.com or (916) 446-4647
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