Butte County Water Commission August 4, 2021 - Vina GSA

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Butte County Water Commission August 4, 2021 - Vina GSA
Butte County Water Commission
       August 4, 2021
1.   Welcome
         2.   Tuscan Water District
              • The Challenge
              • What It Is & Why It’s Important
              • Support for Tuscan Water District
              • Process to Approval

         3.   Maps

Agenda   4.   Questions & Answers
              • District Overlay
              • What’s the Plan?
              • How much will it cost?
              • Domestic Well User Representation
              • Special Districts: Are they Democratic?
              • Special Districts: Who Votes?
              • Special Districts: Benefits & Burdens
• The 2014 Sustainable Groundwater Management Act
              (SGMA) requires:
                • That local plans be created by January 2022.
                • That subbasins throughout California achieve

  The
                  groundwater sustainability by 2040.
                • Local participation.

Challenge   • The Vina Subbasin comprises mostly groundwater
              dependent lands
            • Overdraft exists in the Vina Subbasin.
            • For many years, Butte County has encouraged
              agricultural groundwater users to organize. (p5)
• Currently, the Vina GSA is developing a Plan to address
               overdraft through a combination of Projects and
               Management Actions (PMAs). (p6)

What it is   • Potential projects or programs would all benefit from
               or in some cases require an agency with the authority
               and ability to conduct project operations. (p6)
  and        • Butte County is not prepared to fill this roll and this
 Why it’s      type of agency does not currently exist in the Vina
               Subbasin. (p6)

important    • To accomplish or even pursue any of the potential
               solutions to Vina’s groundwater deficit, an organization
               is needed that can conduct physical “operations” to
               manage or maintain any type of required
               infrastructure. (p6)
• The 102,327-acre Tuscan Water District is being formed

What it is     to serve this function and fill this gap.

             • More specifically, TWD will:
  and            • Plan for and implement programs to help the sub-basin

 Why it’s          achieve sustainability, and

                 • Work in concert with Butte County and Butte County

important          Groundwater Sustainability Agencies to develop and
                   implement the Groundwater Sustainability Plans for the
                   currently un-served areas.
Petitioners: by Farm Size

                      6%

TWD Snapshot                     4 Larger Farms

                                 67 Smaller Farms

                  94%
Petitioners: by Farm Size
                   28
                   40
                   54
                   69
                   70
                   73
                   76
                   80
                   81
                   86
                   90
                  121
                  152
                  155
                  156
                  162
                  176
                  186
                  201
                  205
                  223
                  248
                  253
                  260
                  270
                  296
                  309
                  320
                  352
                  353
                  361

                                         67 smaller farms
                  363
                  374

TWD Snapshot
                  374
                  381
                  451
                  454
                  456
                  465
                  469
                  478
                  493
                  495
                  504
                  527
                  534
                  534
                  566
                  683
                  685
                  721
                  729
                  739
                  773
                  782
                  794
                  878
                  920
                  959
                  978
                  986
                1,183
                1,187
                1,273

                                         4 larger farms
                1,275
                1,287
                1,337
                2,475
                2,927
                9,079
               12,041

                0.0%    5.0%     10.0%      15.0%     20.0%   25.0%
Applicant Land — Tuscan Water District

      Support for Tuscan
                                                                                                                                                                                                                                              TEHAMA
                                                                                                                                                                                                                                              COUNTY

        Water District
                                                                                                                                                           99

                                                                                                                                                                                                                                                                BUTTE
                                                                                                                                                                                                                                                               COUNTY
                                                                                                                                                                                                                                                                                            32
                                                                                                                                                           Rock Creek
                                                                                                                    WILSON LANDING RD                         R.D.

    More than 70 local family farms have supported

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    formation of the Tuscan Water District through a

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      financial contribution and by signing a LAFCO
                                                                                                    32

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       In addition, the following organizations* and

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                                                                                                                                                                                                   Dayton

        individuals* have provided support letters:
                                                                                                                                                                                                 Mutual W.C.
                                                                                                                                                                                                                                                                Durham           99

                                                                                                                                                                                                                             AGUAS FRIAS RD
                                                                                                                                                                                                                                                               Mutual W.C.
                                                                                                                                                                                                                                               Durham

                                                                                                                                                           RIVER RD
                                                                                                                                                                                                                                                 I.D.

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California Farm Bureau
                                                                                                                   45
                                                                                                                                                                                                                                                                                                            149
                                                                                                                                  Llano Seco Ranch W.D.

Butte County Farm Bureau                M&T Ranch                  C&C Ranches
                                                                                                                                    (Overlaps RD 2106)

Assemblyman James Gallagher             C.F. Koehnen & Sons, Inc   Merlo Farms                           Applicant Land – 58,120 Acres

Congressman Doug LaMalfa                                           Slightom Orchards
                                                                                                                                                                                                                         Western Canal W.D.
                                        Sanders Family Trust                                             TWD Boundary – 102,327 Acres
                                                                                                         Western Canal W.D. SOI

Durham Irrigation District              Dog Creek Cellars          2DSD LLC                              Durham I.D. Pending SOI

                                        Carrier Farms              S&S Enterprises
                                                                                                         Rock Creek R.D. SOI                                                                                                                                                                         99

Western Canal Water District
                                                                                                  162
                                                                                                         CSU Chico Farm

                                        Ginochio Associates        Meline Orchards                       City of Chico

Rock Creek Reclamation District         A&G Orchards               Fortier & Sons, Inc
                                                                                                         County Boundary                                                                                                                                                     0        1       2            4162
                                                                                                                                                                                                                                                                                                            Miles

Paradise Irrigation District            Hengst Orchards, Inc       Sohnrey and Son Family Farms                                                                                                                                                                                           Map date 5/14/2021 Judy Stolen

Richvale Irrigation District            Almont Orchards, Inc       Amator Orchards
Monroeville Water District              Willadsen Orchards, Inc    Rice & Sons, Inc
Northern California Water Alliance      Parsley Farms              Livingston Farms
Family Water Alliance
                             * Partial List
• Phase 1 (2016 to 2020)
                • Dialogue with Butte County and landowners
                • Building the Team
                • 1st Petitions / Application

Process to   • Phase 2 (Q3 2020 to Q4 2021)

 Approval       • 2nd Petitions / Application
                • LAFCO Process & Approval

             • Phase 3 (Q4 2021 to Q2 2022)
                • Landowner Vote
Tuscan Water District
Applicant Land — Tuscan Water District                                                                                                       TEHAMA                                                                                    Vicinity                                                                                                             TEHAMA
                                                                                                                                             COUNTY
                                                                                                                                                                                                                                                                                                                                                            COUNTY

                                                         99

                                                                                                                                                                BUTTE                                                                                                                                                                                                            BUTTE
                                                                                                                                                                                                                                                                                                  99
                                                                                                                                                               COUNTY                                                                                                                                                                                                           COUNTY
                                                                                                                                                                                                                                                                                                                                                                                                                            32
                                                                                                                                                                                            32
                                                         Rock Creek
                                                            R.D.                                                                                                                                                                                                                      Rock Creek
                  WILSON LANDING RD
                                                                                                                                                                                                                                          WILSON LANDING RD                              R.D.
                                            Rock

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                                                                                                                       Cal Water Chico W.D.
                                                                                                                                                                                                                                                                                                                                                      Cal Water Chico W.D.
                                                                                    MUIR RD

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  32
                       Sa

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                                                        (M&T Ranch)                                                                                                                                                                                                                         Pacific Realty
                                                                                                 Dayton                                                                                                                                                                                     (M&T Ranch)
                                                                                               Mutual W.C.                                                                                                                                                                                                                         Dayton
                                                                                                                                                                                                                                                                                                                                 Mutual W.C.
                                                                                                                                                                Durham           99
                                                                                                                            AGUAS FRIAS RD

                                                                                                                                                                                                                                                                                                                                                                                                 Durham

                                                                                                                                                                                                                                                                                                                                                          AGUAS FRIAS RD
                                                                                                                                                               Mutual W.C.                                                                                                                                                                                                                                        99
                                                                                                                                              Durham                                                                                                                                                                                                                                            Mutual W.C.
                                                                                                                                                                                                                                                                                                                                                                                Durham
                                                         RIVER RD

                                                                                                                                                I.D.

                                                                                                                                                                                                                                                                                      RIVER RD
                                                                                                                                                                                                                                                                                                                                                                                  I.D.

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                                                                                                                                                                                                                                                                                                                                                                                          WAY
                 45                                                                                                                                                                                                                      45
                                                                                                                                                                                                            149
                                Llano Seco Ranch W.D.                                                                                                                                                                                                    Llano Seco Ranch W.D.                                                                                                                                                               149
                                  (Overlaps RD 2106)                                                                                                                                                                                                      (Overlaps R.D. 2106)
                                                                                                                                                                                                                                                                                    Reclamation
                                                                                                                                                                                                                                                                                    District 2106

       Applicant Land – 58,120 Acres                                                                                                                                                                                             TWD Boundary
                                                                                                                        Western Canal W.D.
       TWD Boundary – 102,327 Acres                                                                                                                                                                                              Western Canal W. D. SOI                                                                                                Western Canal W.D.

       Western Canal W.D. SOI                                                                                                                                                                                                    Durham I.D. Pending SOI
       Durham I.D. Pending SOI                                                                                                                                                                                                   Rock Creek R.D. SOI
       Rock Creek R.D. SOI                                                                                                                                                                           99                          CSU Chico Farm
162                                                                                                                                                                                                                        162
       CSU Chico Farm                                                                                                                                                                                                            State and Federal Lands
       City of Chico                                                                                                                                                                                                             City of Chico
       County Boundary                                                                                                                                                       0        1       2            4162                  County Boundary                                                                                                                                                              0        1     2             4162
                                                                                                                                                                                                            Miles                                                                                                                                                                                                                           Miles

                                                                                                                                                                                          Map date 5/14/2021 Judy Stolen                                                                                                                                                                                                   Map date 4/25/2021 Judy Stolen
Questions & Answers
District Agencies within service area that have
                   submitted support letters to LAFCO:
                   • Durham Irrigation District
                   • Rock Creek Reclamation District
                   • Western Canal Water District

District Overlay   Neighbor Districts that have submitted support
                   letters to LAFCO:
                   • Richvale Irrigation District
                   • Paradise Irrigation District
                   • Monroeville Water District
• Year 1:
                 • Adopt an annual budget
                 • First year priorities for the District:
                      • Staffing
                      • Level of participation in SGMA
                      • Initial projects to be undertaken

What’s the
                      • Operating procedures
                      • Bylaws

Plan?                 • Board organization and other start up activities

             • Over time, TWD will:
                 • Plan for and implement programs to help the sub-
                   basin achieve sustainability, and
                 • Work in concert with Butte County and Butte County
                   Groundwater Sustainability Agencies to develop and
                   implement the Groundwater Sustainability Plans for
                   the currently un-served areas.
• The initial annual assessment will not exceed
                  $10 per acre for all District land.

How much        • Future project or program assessments will be
                  subject to Proposition 218, and include:
will it cost?      •
                   •
                       Engineer’s Report
                       Capital Improvement Needs Assessment
                   •   Facilities Financing Plan
                   •   Environmental Review
                   •   Approval of landowners
• Domestic Well Users (“DWU”) are landowners
                   on parcels of 10 acres or less with a domestic
                   well.
                 • In total, DWU landowners own roughly 5,956
                   acres, or 5.82% of the proposed district.
Domestic         • The interests of agricultural and domestic users
                   in the proposed District are intertwined.
Well User        • TWD has proposed to designate 1 board seat
Representation     (14%) for a domestic well user representative.
                 • TWD proponents are unaware of any other
                   public water district in California that designates
                   a specific seat on their board of directors for a
                   domestic well user representative.
• Special Districts are local governments.
                     • They deliver specialized services.
                     • 30,000+ special districts in the United States.
                     • Hundreds of water special districts in California.
                     • Formed through a public process.

Special Districts:   • Governed by a public board of directors.
                     • Subject to the Brown Act, audits and regulatory
Are they               compliance.

Democratic?
                     • Date back to the 18th century with parks; toll
                       roads and irrigation in the 19th century.

                     For more info:
                     https://www.csda.net/special-districts/learn-about
                     https://lao.ca.gov/2002/water_districts/special_water_districts.html
                     Informational PDF - https://bit.ly/3BgI4YP
• A California water district is a landowner-voter
                       district.
                     • The one-acre, one-vote system is consistent with
                       precedent and authorized by the California
                       Water Code.
Special Districts:   • There is a long-line of legal authority upholding
                       the constitutionality of landowner voting for
Who Votes?             special land-serving districts of limited purposes
                       and powers.
                     • More than 300 water special districts exist in
                       California.
                     • More than 30,000 special districts exist in the U.S.
Forming the 102,327-acre TWD will create
                     the necessary financing vehicle to
                     implement GSA approved projects to solve
                     overdraft in the service area.
Special Districts:   • DWU landowners (~5,956 acres)
Benefits &              • Receive roughly 6% of the benefit

Burdens –               • Will bear roughly 6% of the annual cost
                          burden.
the big picture      • 10+ Acre landowners (~96,371 acres)
                        • Receive roughly 94% of the benefit
                        • Will bear roughly 94% of the annual cost
                          burden.
Thank you!
Petitioners:
                Number of Farms
                     6%
TWD Snapshot                4 Large Farms
                            32 Medium Farms
               49%
                      45%   35 Small Farms
TWD:
                     Acreage

TWD Snapshot
               54%     46%     Large Farms
                               Small Farms
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