Water Education Foundation

Commentary: Moving forward with QSA

Posted by: Aqua Blog Maven on March 8, 2010 at 7:58 am

From the Imperial Valley Press, this commentary by former chairman of the Imperial County supervisors, Hank Kuiper:

“There are probably many readers who will be surprised that I am in agreement with the Imperial Valley Press on anything, considering my relationship with the newspaper during my time as a county supervisor, but that’s history (and I always hated that class). I completely agree with the paper on the importance of the Quantification Settlement Agreement to the Imperial Valley.

I was chairman of the Imperial County Board of Supervisors when the QSA was put together and approved by the Imperial Irrigation District. I attended all of the meetings in Los Angeles and, thanks to one IID board member, Rudy Maldonado, I was invited to many other meetings of the interested parties and all were informative. … “

Continue reading this commentary by clicking here.

Zanjeros deliver Imperial Irrigation District water; Zanjero work requires brains, brawn

Posted by: Aqua Blog Maven on February 28, 2010 at 7:11 am

Irrigation gate #4 Imperial Valley 7-2009From the Imperial Valley Press:

“In the early-morning darkness, zanjero Jose Torres drives his Imperial Irrigation District pickup with dexterity along the narrow paths that run along fields and IID canals. “I like it because this is the job I wanted to do since I was a kid,” said Torres, a 25-year IID zanjero. “I enjoy my job because I get to know farmers and irrigators.”

As an IID zanjero, Torres relies on mathematical formulas and years of experience to deliver the precise amount of water to farmers in the Valley. Zanjeros keep water flowing through the maze of canals that crisscross the Valley to farmers’ fields. There are zanjeros on the job 24 hours a day.

“What the zanjero does is he controls the water in the channel,” Paul Lopez, IID assistant supervisor of operations-south end, said.

Zanjeros operate flood gates along IID’s 1,700 miles of canals to deliver water from the main canals to lateral canals and finally to a farmer’s field. Zanjero, which translates roughly as “ditch worker,” comes from the Spanish word “zanja,” or ditch. … “

Continue reading this article from the Imperial Valley Press by clicking here. Another related story about zanjeros, also from the Imperial Valley Press, by clicking here.

Abatti asks Secretary of the Interior if the feds would take over IID water if QSA invalidation not appealed

Posted by: Aqua Blog Maven on February 27, 2010 at 7:20 am

From the Imperial Valley Press:

“Imperial Irrigation District Director Michael Abatti sent a letter to Secretary of the Interior Ken Salazar questioning the possibility of a federal takeover of IID water.

The letter, dated Feb. 18, was also distributed to more than 100 individuals, including President Barack Obama, Sens. Barbara Boxer, D-Calif., and Diane Feinstein, D-Calif., and IID General Manager Brian Brady, among others.

In the letter, received anonymously by the Imperial Valley Press, Abatti asks whether the federal government will take over IID water if the district fails to appeal the Quantification Settlement Agreement invalidation. He referenced attorney Stuart Somach’s comments to the board.

“Normally such speculation would simply be dismissed as boisterous bluster, but Mr. Somach’s well-known reputation in Colorado River and California water matters leads me to ask you directly as to whether such speculation is true,” Abatti wrote to Salazar. … “

Read more from the Imperial Valley Press by clicking here.

Death of QSA would spell trouble, says commentary

Posted by: Aqua Blog Maven on February 23, 2010 at 5:51 am

From the Imperial Valley Press, this commentary on the QSA from IV Press reporter Brad Jennings:

” … The main problem with the QSA from where I sit is that it has divided the Imperial Valley greatly. Again, most people don’t know anything about the QSA and don’t care about it one bit (although they should). But the people who do care about it care about it deeply as an issue. They either believe it’s not great but will protect the Valley somewhat, or they hate it and want it to go away.

A judge recently invalidated the QSA because of an issue involving the Salton Sea. The IID and its partners in this deal in San Diego, the Coachella Valley and Los Angeles will appeal. The fight will drag on and on. Imperial County has jumped in with its own lawsuits against the IID, and the Farm Bureau has weighed in on the side of the county — no surprise there.

Meanwhile, while we call each other names like snot-nosed kids in the schoolyard, the Salton Sea is still dying and the coastal cities still want the Valley’s water. Nothing is really getting done. It seems to me that is what we are best at in the Valley: hurting ourselves.

And let’s be very clear about this: Anyone who believes the federal government won’t come in here while we wail away on each other and take our water is either not paying attention or just plain dumb. Ever heard of the Central Valley? The feds won’t take over the IID — why would they? — but they will take water. We can boast about historical rights and best use and pioneer families who built canals and ditches all we want; that won’t matter to the feds. … “

Read the full text of this commentary by clicking here.

Abatti OK with no Quantification Settlement Agreement: “We are kings on the river on our priorities and privileged rights … We should respect those rights that were developed and fought for by our past generations and forefathers … “

Posted by: Aqua Blog Maven on February 21, 2010 at 7:22 am

From the Imperial Valley Press:

“Imperial Irrigation District Director Michael Abatti said he believes the Quantification Settlement Agreement drains district water at the benefit of the coastal cities.

He said he has no objections to Superior Court Judge Roland Candee’s recent ruling that invalidates the QSA. “If they want to call off the QSA, that’s fine,” Abatti said. “It should be less water, more money and for a shorter period of time.”

Water users on the coast should and would accept higher water rates under any new water transfer, he said. He said desalination is another option at $700 per acre-foot of water.

“They pay $3 a gallon for gasoline, and they haven’t stopped paying for that,” he said. … “

Click here to continue reading this article at the Imperial Valley Press by clicking here.

Denver Post photo blog: Imperial Valley

Posted by: Aqua Blog Maven on February 20, 2010 at 8:32 am

90038198BS063_valleyFrom Plog, the photo blog of the Denver Post:

“The Imperial Valley is an agricultural area which traditionally uses water from the Colorado river distributed through a series of canals and irrigation channels, and the Salton Sea, a large saline lake created by runoff toxic water from the fields.

The Imperial Valley is a desert area which controversially uses three quarters of California’s allocated river water for agricultural purposes. The agricultural techniques have traditionally been flood and furrow which experts claim waste vast quantities of precious water.

Imperial Valley farmers are looking at alternative techniques through which to conserve water supply and this is leading to the drying up of the Salton Sea. As the waters dry more of the sediment is exposed, it contains harmful fertilizers and toxins and could become a major air pollution hazard in the near future.”

Check out this photo gallery of the Imperial Valley from the photo blog of the Denver Post by clicking here.

Quantification Settlement Agreement formally invalidated

Posted by: Aqua Blog Maven on February 19, 2010 at 5:55 am

From the Imperial Valley Press:

“The Imperial Irrigation District anticipated Judge Roland Candee’s final judgment that invalidates the nation’s largest agricultural-to-urban water transfer, and IID is already appealing. “We’ve been expecting this document, and we’re prepared for it,” IID General Counsel Jeffrey Garber said.

On Feb. 11, Candee signed the final judgment that renders the Quantification Settlement Agreement invalid. But neither IID nor the county received the judgment until Thursday.

Candee stated the QSA may continue until Feb. 11, at which point IID must request a stay, or continuation, of the water transfer from the court of appeals. … “

Read more from the Imperial Valley Press by clicking here.

Imperial Irrigation District responds in writing to QSA Q&A

Posted by: Aqua Blog Maven on February 18, 2010 at 5:57 am

From the Imperial Valley Press:

“The Imperial Irrigation District issued its responses to the public’s questions regarding the Quantification Settlement Agreement litigation on Tuesday.

The eight-page response answered 16 questions that members of the public posed at IID’s QSA workshop on Feb. 2. The event encouraged the public to ask IID staff various questions about QSA litigation. IID staff noted the questions but did not answer the questions at the workshop.

IID General Manager Brian Brady said issuing a written response to the questions after the workshop allowed for a more organized question-and-answer process. “It was probably the most effective way of making sure we got all the questions that anyone wanted to ask,” he said. … “

Read more from the Imperial Valley Press by clicking here.

Read IID’s written answers to QSA questions by clicking here.

We must stop being our own enemy, says Imperial Valley Press editorial: “while we are fighting with each other, others are cheering on and pretty much plotting our demise”

Posted by: Aqua Blog Maven on February 14, 2010 at 7:10 am

From the Imperial Valley Press:

“Yes, we have seen the enemy. And yes, the enemy is us.

As is often the case in the Imperial Valley, while we are fighting with each other, others are cheering on and pretty much plotting our demise.

Since a judge tentatively invalidated a part of the Quantification Settlement Agreement the local forces that have been at odds over the Salton Sea and other issues appear to be throwing more daggers than usual. The county continues to file lawsuits against the Imperial Irrigation District; the Farm Bureau is weighing in on the side of the county; and other parties who are trying to secure water rights for landowners so they can sell the water and get richer continue to snipe from the front row. … “

Read more from the Imperial Valley Press by clicking here.

Seeley faces standing water days after rain

Posted by: Aqua Blog Maven on February 14, 2010 at 6:59 am

From the Imperial Valley Press:

“SEELEY — Stagnant, moss green water sits alongside — and sometimes in — streets here days after the last rain.
“I think it’s a hazard,” said resident Sarah Evans, 44.

She rides her bike through town and is worried about mosquitoes getting bad with the standing water, she said. She also has to mind her son, whose asthma could be triggered by the conditions.

There are parts of town that are horrible, like Park Street and Haskell Road where the water was almost half a foot deep in some places Saturday, said 80-year-old resident James Whitcomb. The water has nowhere to go, and just fills the streets. … “

Read more from the Imperial Valley Press by clicking here.

Imperial Irrigation District, County discuss Quantification Settlement Agreement

Posted by: Aqua Blog Maven on February 13, 2010 at 6:32 am

From the Imperial Valley Press:

“Imperial County and Imperial Irrigation District officials sat down for their first meeting regarding Quantification Settlement Agreement issues at IID headquarters Thursday.

County supervisors Wally Leimgruber and Gary Wyatt discussed the QSA with IID directors John Pierre Menvielle and Jim Hanks. County Chief Administrative Officer Ralph Cordova and IID General Manager Brian Brady were present, too.

“I was very happy and satisfied with the meeting,” Wyatt said. “I think it went very well for our first meeting.”

The two parties discussed ways to lessen Salton Sea depletion, as well as its effects on air quality. Bruce Wilcox, IID environmental manager for water transfers, discussed a joint effort between the Imperial County Air Pollution Control District and IID to measure air quality in the Salton Sea area. … “

Read more from the Imperial Valley Press by clicking here.

Birds flock to managed marsh

Posted by: Aqua Blog Maven on February 13, 2010 at 6:30 am

From the Imperial Valley Press:

“Just three months ago, the Imperial Irrigation District’s managed marsh was a meandering river with sprouting trees and plants, and birds were nowhere to be seen.

Today, the marsh has become more lush and now welcomes Canada geese, waterfowl and more. “The vegetation is starting to establish,” said Bruce Wilcox, IID environmental manager for water transfers.

He took several visitors of the Salton Sea International Bird Festival to the managed marsh in Niland to show them the development of the project. Wilcox said the managed marsh gives a new home to birds and other wildlife that would be potentially displaced due to IID drain maintenance.

“The idea is you replace the habitat that would be impacted with a permanent habitat that gives IID the flexibility to do more when they need to,” Wilcox said. … “

Read more from the Imperial Valley Press by clicking here.

Farm Bureau offers support to County on Quantification Settlement Agreement

Posted by: Aqua Blog Maven on February 11, 2010 at 6:07 am

From the Imperial Valley Press:

“Imperial County Farm Bureau President Mark McBroom said the bureau supports the county’s work to prevent negative air-quality impacts stemming from the Quantification Settlement Agreement.
McBroom made the statements to the Board of Supervisors during Tuesday’s meeting. He said the Farm Bureau is composed of local farmers and businesses and it has no litigation in the QSA lawsuit.

“That is why Imperial County Farm Bureau would like to publicly show our support to the county for your efforts in taking the lead to stand up for the residents of Imperial County, and fighting against the negative air-quality impacts as a result of the QSA,” he said.

McBroom said the Farm Bureau feels that air quality is a vital issue for the welfare of the Valley. He said the Farm Bureau would assist the county in its efforts, as necessary. … “

Read more from the Imperial Valley Press by clicking here.

Imperial Irrigation District board hears second Quantification Settlement Agreement opinion: “It would be foolish for anyone to think discontinuing the QSA would benefit the Valley,” says lawyer

Posted by: Aqua Blog Maven on February 10, 2010 at 6:40 am

From the Imperial Valley Press:

“Attorney Stuart Somach forecasted a federal takeover of Imperial Irrigation District water if the district failed to appeal the invalidation of the Quantification Settlement Agreement.

“To do anything else is just dumb,” Somach said. “It just makes no logical common sense or legal sense not to appeal the judge’s decision.”

During his remarks at Tuesday’s IID board meeting, he also said the failure to continue the water transfer during the appeals process could negatively impact the Valley. He said it would be foolish for anyone to think discontinuing the QSA would benefit the Valley.

“I think you’re living in another world, and I think you’re going to be sadly mistaken,” Somach said about those in favor of discontinuing the QSA. “You’re playing with some dangerous things, and you’re playing with people’s lives and livelihoods in suggesting that’s the course the district could take.” … “

Read more from the Imperial Valley Press by clicking here.

Imperial Valley: $5 million water improvement updated

Posted by: Aqua Blog Maven on February 9, 2010 at 5:52 am

From the Imperial Valley Press:

“Raw water ponds have been lined and construction is almost complete on a 2.4 million-gallon water storage tank, reported City Engineer Jack Holt at the City Council meeting Monday night.
The $5 million water treatment system improvement is on the way to completion, he said.

The raw water ponds, which used to leak, are now lined, he said. “The pond is impervious now,” he said. “It can’t leak water.” All three of the ponds are fully functional now, which has not happened in a long time, he said. … “

Read more from the Imperial Valley Press by clicking here.

Imperial Irrigation District board to hear second QSA opinion

Posted by: Aqua Blog Maven on February 6, 2010 at 6:56 am

From the Imperial Valley Press:

“Attorney Stuart Somach will present a second legal opinion regarding the Quantification Settlement Agreement litigation to the Imperial Irrigation District Board of Directors at Tuesday’s meeting.

“It made sense to bring Stuart in because he is well-respected and perfectly situated to render some opinion with regard to (the QSA) matter,” said IID general counsel Jeffrey Garber.

He said Somach, of the Somach, Simmons and Dunn law firm in Sacramento, has worked on non-QSA issues and state water matters for the IID. During last Tuesday’s IID QSA workshop, several members of the public, as well as IID Directors Jim Hanks and Michael Abatti, expressed their support of an independent legal opinion besides Somach.

However, Garber said he is the best-prepared to offer a second opinion due to his wealth of knowledge in water matters. … “

Read more from the Imperial Valley Press by clicking here.

Somach Simmons & Dunn: Court invalidates the Colorado River Quantification Settlement Agreement

Posted by: Aqua Blog Maven on February 3, 2010 at 8:41 am

From Joseph M. Carpenter at Somach Simmons & Dunn:

“On January 14, 2010, Judge Roland L. Candee of the Sacramento Superior Court issued a final statement of decision invalidating the 2003 Quantification Settlement Agreement (QSA), a landmark pact to reduce California’s reliance on Colorado River water through farm-to-city water transfers. This decision, if upheld on appeal, will affect how farms and municipalities in the southern part of the state share water as well as the future Salton Sea restoration. The decision will also undoubtedly result in a reprise of the contentious and complex negotiations that led to the 2003 pact.

Background

On December 10, 2009, Judge Candee issued a tentative ruling that found the QSA and 11 related agreements invalid. (See Court Releases Tentative Ruling That Would Invalidate The Colorado River Quantification Settlement Agreement, http://www.somachlaw.com/alerts.php?id=52.) On January 14, 2010, the court issued a final statement of decision (Final Decision) adopting the tentative ruling. On January 21, 2010, the court rendered a judgment incorporating the Final Decision. The effectiveness of this judgment was stayed until the expiration of the deadline to file a notice of appeal. … “

Find out more about this case, including conclusions, implications, and links to read the judicial decisions by clicking here.

Imperial Irrigation District and public meet on Quantification Settlement Agreement

Posted by: Aqua Blog Maven on February 3, 2010 at 6:46 am

From the Imperial Valley Press:

“The Imperial Irrigation District Board of Directors hosted a public Quantification Settlement Agreement workshop Tuesday to provide a status update, as well as to allow the public to comment.

IID Water Department Assistant Manager Tina Shields gave a presentation about the background of the QSA, and environmental manager for water transfers Bruce Wilcox discussed environmental mitigation efforts, including air-quality monitoring. IID General Counsel Jeffrey Garber summarized Superior Court Judge Roland Candee’s final decision and other QSA legalities.

The public was then invited to comment or ask questions, which were recorded. IID will answer the questions publicly at a later date. IID staff would not immediately respond to questions from individuals at the podium.

“If it takes two to three workshops, that’s fine,” said IID Director John Pierre Menvielle. “We’re working to be very transparent, honest and factual with what’s going on.” … “

Read more from the Imperial Valley Press by clicking here.

An editorial in the Imperial Valley Press praises the workshops, saying the public needs to be involved, needs to understand what is at stake:

” … When Superior Court Judge Roland Candee invalidated a portion of the QSA, throwing into question the validity of the entire document, we thought the space the historic water transfer agreement occupied in the public’s mind would turn from the alphabet soup of a meaningless acronym such as the QSA into a more concrete idea. We had assumed the public would understand what exactly was at stake if the document was undone.

We’re not sure that has happened, unfortunately. Instead, what we are seeing is the same characters relighting the fires of past arguments, re-running ads that look to subvert the QSA and cause chaos, and as a result we don’t think it will be long before the vulturous water districts from the west, east and north begin circling overhead, looking to pick apart the local water supply before the bodies are cold.

Simply stated, the public needs to understand that the QSA is about protection. It always was. It was inevitable that outside forces were going to make the Valley give up some of its water, but the QSA determined how much and held protections against future water grabs. The tentative invalidation of the document puts a big question mark on the future, a question mark that could very easily morph its way into a target. … “

Read more of this editorial from the Imperial Valley Press by clicking here.

Brian Brady: Starting over is a bad choice

Posted by: Aqua Blog Maven on January 30, 2010 at 6:31 am

From the Imperial Valley Press, this commentary by Brian Brady of the Imperial Irrigation District:

“There is a common misperception in the Imperial Valley that the Imperial Irrigation District is transferring water to urban Southern California because it isn’t needed here and there is money to be made in sending it elsewhere.

The reason this myth of “selling water” has taken hold at the local level, I believe, is because the internal debate over the Valley’s water rights has been raging for so long that fatigue has set in and only a few people are still around who can recall the chain of events leading up to the 2003 signing of the agreement, which, in turn, set into motion the nation’s largest agricultural-to-urban water transfer.

IID is transferring water to the San Diego County Water Authority and the Coachella Valley Water District because of a ruling in 1982 by the State Water Resources Control Board that the district was failing to put its water to reasonable and beneficial use. Even though the district has long maintained that its water use is as efficient as any purveyor’s in the West, a calculated determination was made that the costs of future legal fights were outweighed by the safety and certainty of a water transfer agreement that would pay for greater efficiency and shore up its exposure to reasonable and beneficial use challenges. … “

Read more from the Imperial Valley Press by clicking here.

Imperial Irrigation District’s Brian Brady testifies before House subcommittee

Posted by: Aqua Blog Maven on January 29, 2010 at 6:48 am

From the Imperial Valley Press:

“Members of the House of Representatives learned about the Quantification Settlement Agreement issue Monday in Los Angeles when the managers of QSA water districts testified.

The House subcommittee on water and power held a public hearing in the Metropolitan Water District of Southern California boardroom to discuss various water and power issues in the region. Reps. Grace Napolitano, D-38th district; Jim Costa, D-20th district; Tom McClintock, R-4th district; Ken Calvert, R-44th district; and Judy Chu, D-32nd district, were present.

Imperial Irrigation District General Manager Brian Brady, the general managers of the Metropolitan Water District of Southern California and the San Diego County Water Authority and the assistant manager of the Coachella Valley Water District testified for five minutes each. … “

Read more from the Imperial Valley Press by clicking here.

Imperial County to serve federal government in new QSA law suit

Posted by: Aqua Blog Maven on January 28, 2010 at 6:26 am

From the Imperial Valley Press:

“The county of Imperial has filed a federal lawsuit against federal agencies and is now serving them with the paperwork related to the Quantification Settlement Agreement.
The lawsuit, filed Oct. 8, is separate from one in Superior Court in Sacramento.

The QSA is a collection of agreements that transfers conserved agricultural water from the Imperial Irrigation District to the San Diego County Water Authority, the Metropolitan Water District and the Coachella Valley Water District.

The county and air district are contesting a portion of the QSA agreement, the Colorado River Water Delivery Agreement, saying that the Department of the Interior did not perform a proper “conformity analysis,” said Alene Taber, outside counsel for the Imperial County Air Pollution Control District. This analysis tests whether the agreement conforms to the National Environmental Policy Act.

“We don’t believe the secretary did the appropriate air quality analysis in the first place,” she said. … “

Read more from the Imperial Valley Press by clicking here.

El Niño rains swamp nation’s salad bowl

Posted by: Aqua Blog Maven on January 27, 2010 at 7:30 am

tractorFrom the Western Farm Press:

“Four-wheel drive tractors are providing tow-truck service following heavy rainfall late last week that soaked the nation’s “winter salad bowl” region in southern Arizona and California, plus northern Mexico.

Last Friday, the day after the heaviest downpours, tractors chugged to pull vegetable harvesting machines buried in 3 feet of mud from rain-drenched vegetable fields.

The El Niño storm pummeled the region where about 90 percent of the U.S. supply of winter vegetables is grown. The first rain fell last Tuesday and was followed by a gully-washer Wednesday night and Thursday on the once hard desert soils.

The last major rain storm of this magnitude dates back to the early 1990s.

“For the three days after the storm (last Friday through Sunday) we experienced about a 30 to 40 percent reduction in harvesting as a result of the Thursday rain event,” said Kurt Nolte, director of the University of Arizona Cooperative Extension, Yuma County, Yuma, Ariz. … “

Read more from the Western Farm Press by clicking here.

This is clearly no water transfer, says an Imperial Valley Press editorial

Posted by: Aqua Blog Maven on January 24, 2010 at 7:43 am

From the Imperial Valley Press, this editorial:

“After all of the lawsuits and threats of lawsuits filed against the Imperial Irrigation District, nothing should really surprise us anymore.

But the letter sent to the district from the law offices of Patrick J. Maloney and signed by attorney Thomas S. Virsik last week is one for the books — and we are leaning more toward comic books than law books here.

On the heels of the IID Board of Directors voting unanimously to approve the sale of 800 acre-feet of water annually to a new geothermal plant, the attorney sent a letter which calls the sale “another water transfer.” It would get a belly laugh if it was a joke, but it surprisingly is not. … “

Read more from the Imperial Valley Press by clicking here.

Rain sets back Imperial Valley farmers; Heavy clay content plays a role in why rainwater doesn’t penetrate soil

Posted by: Aqua Blog Maven on January 22, 2010 at 6:36 am

From KSWT:

“Local farmers have mixed emotions about the rainfall. On one hand… it’s good for crops. But as KSWT News 13’s Jennifer Jones explains, sometimes you can have too much of a good thing.

Local farmers are not prepared for rain and when it rains cats and dogs, not only does it create problems for them, but also the Imperial Irrigation District.

Rain is drenching fields all over the Desert Southwest. What should be a dream come true for farmers in the desert, it’s instead creating their worst enemy. “Silt is the mud and water that moves with the water.” says Local Farmer Al Kalin.

And that silt is moving into the drainage system, carrying phosphates into the Salton Sea, contaminating much needed water for crops. Kalin says the Imperial Irrigation District has over 1,400 miles of drains that drain 500,000 acres in the Imperial Valley. … “

Read more from KSWT by clicking here.

In the Imperial Valley, the clay soils & high humidity create other problems as well, reports the Imperial Valley Press:

” … About 60 to 70 percent of the soils in the Imperial Valley are heavy with clay, making for poor water penetration rates, according to information provided by Bali.

Bali is the irrigation and water management adviser for the cooperative extension.

“The evaporation rate is relatively low in wintertime and it averages about 0.1 to 0.5 inch per day around this time of the year,” Bali said in his statement.

“To make things worse, with a heavy rainfall event like the one that we are experiencing now, the humidity is very high, which further lowers the evaporation rate,” the statement read. … “

Read more from the Imperial Valley Press by clicking here.

Maloney letter questions Imperial Irrigation District, Catalyst Hannon Armstrong Renewables water usage

Posted by: Aqua Blog Maven on January 22, 2010 at 6:19 am

From the Imperial Valley Press:

“Imperial Irrigation District board members received a letter from the law offices of Patrick Maloney questioning the legality of the water sale to the Catalyst Hannon Armstrong Renewables geothermal plant.

The law offices of Patrick Maloney traditionally represent the Imperial Group. Attorney Thomas Virsik wrote the letter. He was not at the office Wednesday, and Maloney declined to comment, citing the firm’s policy.

The letter stated that the 800 acre-feet of water IID will sell to CHAR to develop the Hudson Ranch 1 geothermal plant amounts to a water transfer. Virsik wrote that the clients were supportive of geothermal development but questioned the legality of the water sale.

“The last-minute agenda for tomorrow reflects that IID is considering another water transfer, albeit one that is much smaller than the QSA recently found invalid,” the letter stated. “The contemplated transfer is 800 acre-feet of water away from agricultural use to dedicated geothermal use.” … “

Read more from the Imperial Valley Press by clicking here.

Imperial Irrigation District votes 5-0 for geothermal water

Posted by: Aqua Blog Maven on January 21, 2010 at 6:19 am

From the Imperial Valley Press:

“The CHAR geothermal plant project received approval from the Imperial Irrigation District Board of Directors to purchase 800 acre-feet of water annually, at Wednesday’s special meeting. The Board of Directors voted unanimously to approve the purchase.

CHAR is comprised of the firms Catalyst Renewables and Hannon Armstrong.

CHAR, which will develop the Hudson Ranch 1 geothermal plant, is the first recipient of IID’s interim water supply policy. CHAR is now authorized to purchase up to 800 acre-feet of water annually from IID for 30 years. The interim water supply policy provides 25,000 acre-feet of water for purchase annually for nonagricultural uses. … “

Read more from the Imperial Valley Press by clicking here.

Brawley’s water fund $1.6 million in red

Posted by: Aqua Blog Maven on January 21, 2010 at 6:17 am

From the Imperial Valley Press:

“BRAWLEY — The $1.6 million deficit in the city’s water fund will be covered from money in its wastewater fund after the Brawley council’s vote on Tuesday.

City Manager Gary Burroughs said the need resulted from water rates not being raised to amounts as high as those recommended; high consumption based on previous agreements, such as the agreement with National Beef; an aging water system requiring costly emergency repairs; and commercial rate increases being delayed for several years.

“So they were being subsidized for several years in a sense,” Burroughs said of commercial customers.

The city is in discussions with National Beef about the 2000-2001 agreement to provide them with water at a price cheaper than it costs the city to produce it. … “

Read more from the Imperial Valley Press by clicking here.

Water ruling is all wet, says editorial: “we hope the appeal succeeds, the judge is overturned and the Salton Sea is ultimately left to dry up”

Posted by: Aqua Blog Maven on January 19, 2010 at 6:23 am

From the North County Times, an editorial regarding Judge Candee’s recent decision regarding the QSA. At the root of the ruling is Salton Sea restoration:

” … Once again, we’re reminded of the folly represented by the modern response to the accident of the Salton Sea.

It was created this time around (there have been natural versions of it in past eons), when water accidentally breached a canal in 1905 and flowed into a depression 230 feet below sea level for a couple of years.

Unfortunately for all of us, the migratory bird population found it to be to their liking over the years, and it has become an important part of the flyway. But as the lake evaporates, the salt and toxic mineral content increases, making it unsuitable for the birds and fish. That prompts overreaching environmentalists to seek drastic measures to “save” the sea.

Since we believe a higher and better use is to move the water conservation in the valley (the essence of the deal) to the thirsty parts of San Diego County, we hope the appeal succeeds, the judge is overturned and the Salton Sea is ultimately left to dry up.”

Read the full text of this editorial from the North County Times by clicking here.

Geothermal plant seeks Imperial Irrigation District water

Posted by: Aqua Blog Maven on January 19, 2010 at 6:12 am

From the Imperial Valley Press:

“The first project to potentially benefit from the Imperial Irrigation District’s Integrated Water Resources Management Plan is seeking to purchase 800 acre-feet of water annually from the district. The Hudson Ranch geothermal plant would use the water to dilute brine — or saltwater — byproducts from the plant.

CHAR — comprised of the firms Catalyst Renewables and Hannon Armstrong — seeks up to 800 acre-feet of water for 30 years from the IWRMP, which reserves 25,000 acre-feet of water annually for nonagricultural projects.

Larry Grogan is senior vice president of project development for Energy Source in El Centro. His firm identified parcels of land that were viable for geothermal use. He said CHAR will pay $438 per acre-foot of water from IID.

The proposed $350 million, 49-megawatt Hudson Ranch geothermal plant will be located west of Niland near the Salton Sea. It will harness steam from geothermal brine drilled in the area to power generators. … “

Read more from the Imperial Valley Press by clicking here.

Watering canned: Lewis Brisbois wins bar of sweeping California water deal

Posted by: Aqua Blog Maven on January 16, 2010 at 8:27 am

From The AM Law Litigation Daily:

“As a life-long East Coaster, our introduction to California’s long struggle over water rights was informed by Roman Polanski’s epic Chinatown, which was based on a real-life scandal involving the Los Angeles water board’s draining of Owens Lake, a once-pristine oasis. We thought again of the movie on Thursday, when a California state court judge barred a sweeping water deal that opponents said would have wreaked the same havoc on the Salton Sea and the farmland of Imperial County–except on a much larger scale.

The ruling effectively unravels a 2003 agreement between various state water boards; the city of San Diego; and the governments of California and surrounding states to divert the Colorado River. California superior court Judge Roland Candee ruled that the deal was void because California violated the state constitution when it agreed to pay an unlimited amount to remediate damage to the Salton Sea, even though the state legislature never appropriated the $178 million to $9 billion that the cleanup is estimated to cost.

The verdict was a big win for Lewis Brisbois Bisgaard & Smith partner Malissa McKeith, who represented a group of farmers in the Imperial Valley. … “

Read more from The AM Law Litigation Daily by clicking here.

Friday’s top of the scroll: Judge upholds QSA ruling, delivers blow to San Diego’s water supply, Salton Sea restoration in question

Posted by: Aqua Blog Maven on January 15, 2010 at 8:19 am

salton seaFrom Michael Gardner of the San Diego Union Tribune:

“The San Diego region’s water supply took a precarious turn Thursday when a Sacramento County Superior Court judge struck down a series of agreements central to sharing the Colorado River.

“An appeal is certain,” said Dennis Cushman, assistant general manager of the San Diego County Water Authority, a party to the litigation.

Judge Roland Candee’s ruling affirmed his earlier tentative decision that determined it was unconstitutional for California to commit to an open-ended financial liability for restoring the Salton Sea.

“The court has no ability to sanction a way to contract around the constitution,” Candee said in his ruling released Thursday afternoon. Under the spending language of the agreement, “constitutional limits would be easily gutted,” he wrote. … “

Read more from the San Diego Union Tribune by clicking here.

From the Los Angeles Times:

” … Several environmental challenges were filed against the deal. In his final decision, Judge Roland L. Candee sidestepped those issues and ruled on a narrow contract matter involving funding to restore the Salton Sea.

But Candee also concluded that because restoration and other aspects of the pact were closely related, the agreement itself was not valid. That broad ruling surprised and delighted one of the plaintiffs’ attorneys, who argued on behalf of landowners near the Salton Sea.

“I never anticipated I would win,” said Malissa Hathaway McKeith.

Created a century ago by a breakaway diversion of the Colorado River, the sea has survived as a giant drainage pit for irrigation runoff from the Imperial Valley’s sprawling agricultural operations, which get the lion’s share of the state’s Colorado River allotment.

But the water transfers to residential areas, which will gradually increase, mean there will be less farm runoff flowing into the increasingly salty inland lake.

“The [pact] has accelerated the death of the Salton Sea,” argued McKeith. “It’s 6 feet lower than it was in 2003, and that should not have happened.

“I don’t believe water transfers should be permitted until the environmental and economic impacts are fully analyzed and addressed.” … “

Read more from the Los Angeles Times by clicking here.

So what happens now? The Imperial Valley Press reports:

” … Candee approved the SDCWA request for a stay — or continuation of the water transfer — until the deadline for filing a notice of appeal. However, he denied its request for a continuation of the water transfer during the appeals process, which could last two years. SDCWA declined to comment.

County Counsel Michael Rood and IID General Counsel Jeffrey Garber said IID, SDCWA, CVWD and MWD could still pursue a stay from the appellate court during the appeals process.

“(The stay) is either upon appeal or we would request one from the appellate court,” Garber said.

He said the water agencies have a good case for a stay. Garber said the agencies have yet to spend the $133 million in environmental mitigation funds agreed upon in 2003. The funds cover any environmental impacts the QSA has on the environment

“I think there’s a strong argument we should get one given the QSA has been going on for more than six years, and the state’s obligation to pay for mitigation won’t kick in for many years,” he said.

Rood said Imperial County is prepared to discuss ways to minimize the impact of the QSA on the Salton Sea with IID and the water agencies.

“The county stands ready and willing to meet with the parties to try to resolve these issues and would be willing to meet and discuss ways that could be done,” he said. … “

Read more from the Imperial Valley Press by clicking here.

The Chance of Rain blog says the ruling “has put a concentrated bounce into what Southern Californian water managers have long fashioned as their “hard landing” after they were forced in 2003 by six less well-off states sharing the Colorado River to stop hogging as much as 962,000 acre feet of water above their legal allotment of 4.4 million. … ” – click here for more from the Chance of Rain blog.

For even more information, check out this website on the QSA case from the Superior Court of California (thank you to the Groksurf blog for sending me the link), and here is an article with a ton of background information which is completely referenced from a website called The News Researcher.

Picture of Salton Sea by flickr photographer slworking2 (Creative Commons).

Lobbyists brief Imperial Irrigation District board on federal legislation

Posted by: Aqua Blog Maven on January 13, 2010 at 8:06 am

From the Imperial Valley Press:

“Two Washington, D.C.-based lobbyists updated the Imperial Irrigation District Board of Directors about congressional issues that affect the district at Tuesday’s meeting.

Ferguson Group lobbyists Joe Raeder and Mark Limbaugh, who represent IID in Washington, D.C., presented an array of congressional issues to the board that may have effects on the IID.

Among the issues was the potential for the U.S. Environmental Protection Agency to begin requiring permits for inter-basin water transfers. Limbaugh said IID could need a permit if the EPA decides in favor of permits. “In the IID’s instance, they could interpret the fact you’re bringing water in from the Colorado River Basin into another closed basin in the district, and that basically could require a permit if they were to read it that way,” Limbaugh said. … “

Find out more of what the lobbyists had to say from the Imperial Valley Press by clicking here.

TMDL meeting for Imperial County’s duck clubs set

Posted by: Aqua Blog Maven on January 13, 2010 at 8:04 am

From the Imperial Valley Press:

“Imperial County has an estimated 10,000 acres of duck clubs. The water application and drainage practices for these duck clubs is substantially different than those for most other types of fields, and as a result, duck club owners and managers face unique situations with regard to best management practices implementation for total maximum daily load compliance.

The Imperial County Farm Bureau TMDL Voluntary Compliance Program is holding a drain shed meeting at 1 p.m. Jan. 30 at the Calipatria Inn, 700 N. Sorensen Drive in Calipatria. The meeting will be specifically geared to the BMP for irrigation and silt runoff management in duck clubs. All managers and owners of duck clubs in the program are required to attend this meeting. … “

Read more from the Imperial Valley Press by clicking here.

Imperial Valley water infrastructure is infested with quagga mussels

Posted by: Aqua Blog Maven on January 9, 2010 at 7:19 am

From the Tribune Weekly Chronicle:

“An invasive species that has swept across the U.S., from the Great Lakes to the Colorado River, has made it’s way to the Imperial Valley.

Robert Powell, an environmental specialist with the Imperial Irrigation District, says that he is confident that the Imperial Valley’s entire water infrastructure is infested with Quagga Mussels — an invasive species that creates havoc in local ecosystems and can make life difficult for homeowners and recreational boaters.

The first quagga mussels in the U.S. were found in Lake Erie in 1989. The mussels were brought to the U.S. from Europe on trans-ocean ships and quickly established themselves as an aggressive invasive species. … “

Read more from the Tribune Weekly Chronicle by clicking here.

Ribbon cut at new El Centro water plant, distribution to begin in a couple of months

Posted by: Aqua Blog Maven on January 8, 2010 at 6:20 am

From the Imperial Valley Press:

“City officials pulled out the 2-foot novelty scissors to cut the ribbon at a new El Centro water treatment plant Thursday morning.
But the facility will not start pumping water to residents for a couple of months as it continues safety tests and awaits a state permit.

The new plant will almost double the amount of water produced at the old plant, said City Manager Ruben Duran. It will go from a 12 million gallon-producing plant to treating 20 million gallons with room to expand to up to 60 million gallons.

The current plant serves 15,000 homes and more businesses, so the new one will allow the city to expand, he said. The city has already received calls asking about bringing businesses to town.

The change was much-needed, he said, … “

Read more from the Imperial Valley Press by clicking here.

Next Page →