Here it is, the letter from the Tuolumne River Trust to the San Francisco Public Utilities District that held up the MID water sale.
Back in 2007 Mike Moody wrote an article against San Francisco taking 52,000 acre feet out of the Tuolumne River but now the Editorial Staff is backing the initiative.
By Mike Moody
San Francisco’s plan to take more water from theTuolumneRiver– especially in dry years — faces a challenge from theModestoandTurlockirrigation districts.
MID and TID leaders suspect faulty assumptions may have led the San Francisco Public Utilities Commission to overstate how much river water would be available to divert during a drought year.
“That’s probably our biggest concern,” the MID’s Walt Ward said Wednesday, “the assumption that 27,000 acre-feet can be diverted from the river (even) during dry years.”
That is about 24 million gallons a day.
MID officials are confused, saying that there is no extra water flowing in theTuolumne, especially in a drought year.
Diverting more water by 2030 — San Francisco already diverts 225 million gallons a day from the Tuolumne — is a key part of a $4.3 billion San Francisco Public Utilities Commission plan to refurbish and rebuild its Hetch Hetchy water conveyance system.
http://www.modbee.com/2007/10/04/84207/mid-tid-challenge-sf-water-assumptions.html
Back on October 1, 2007 MID got together with TID and issued a joint letter to Paul Maltzer Environmental Review Officer WSIP DEIR.
In this letter they argue against a proposed diversion of 27,000 Acre Feet of water to San Francisco from the Tuolumne River. This is exactly what they WANT to do now. The letter talks about the harm that will be caused bythe proposed diversion.
Please read the letter for yourselves and question the reason for the complete about face and the motives of MID leadership and staff.
By Emerson Drake
Board President Tom Van Groningen, in a surprise move Tuesday, allowed an extremely rare opportunity for the public to exchange thoughts with the board’s attorney, Tim O’Laughlin. O’Laughlin spoke to the fact sheet Reed Smith previously to the Modesto City Council and supplied to MID’s Board at last weeks meeting.
“I’m Shocked just Shocked”
This was the theatrical claim made by O’Laughlin. His reference was to the use by Reed Smith of a 60,000 acre feet seepage total from Modesto reservoir. Those of use who sit through these outbursts of O’Laughlins were shaking our heads. The 60,000 acre feet number was used by MID staff, General Manager Allen Short, and O’Laughlin at every presentation made to the public up to and including the presentation made to the Modesto City Council.
When you sit in these meetings month after month you start to understand why MID’s Board doesn’t want to save these performances by legal counsel. After all, have you ever known a public entity to destroy video discs taken at their meetings after 100 days and before the minutes are accepted? But that is standard operating procedure at MID.
So once again MID staff has revised their numbers to improve the private agenda-driven (personal profit amongst other considerations) goals of attorney O’Laughlin and GM Short.
There were only a few members of the public present to hear the latest diatribe against concerned citizens. Heck, the MID staff out numbered the public two to one but that didn’t put a damper on those present to counter the propaganda issued at Short’s request by O’Laughlin.
After the short propaganda presentation shyster, O’Laughlin was asked for a hard copy of the numbers which he refused saying they would be available on the MID website by the end of the week.
At this point we have only two members on the board, Larry Byrd and Nick Blom who have shown concern and been responsive to the public. Both of these men display a personal quest to understand where MID spends its money. Understand that it isn’t because they’re new, it’s because they care. Most of the questions they ask can’t be answered by GM Short or shyster/attorney O’Laughlin. They are usually answered by staff because Short and O’Laughlin don’t know the answers. The other members of the board, Tom VanGroningen, Glen Wild (who has never in the last two years shown an interest in doing anything but playing sycophant), and Paul Warda (who is ill and we hope for his speedy recovery), haven’t displayed an understanding of the complexities of MID’s spending despite their years on the board. Glen Wild has been on the board two years and has displayed less knowledge and has asked fewer questions than Larry Byrd, who has only been on the board for four months.
Rubber stamps like VanGroningen, Wild and Warda don’t have to know why….they just have to know when to vote and how Allen Short wants them to vote.
Now of major concern is the poor leadership of Tom VanGroningen. In most instances when you address the consent calendar of a public body by pulling items of consent, they will take a moment and explain what the item is for. The MID Board has gone both ways on this issue but after the meeting Tuesday, Tom Van Groningen stated the board would no longer respond to public inquiries at meetings. He specifically stated questions will not be answered about warrants(one method MID uses to pay their bills) and people can make statements but the board will not respond to questions.
This I find is a curious way for the board, which during the meeting, claimed they wanted to be open with the public, to respond. It was bad enough O’Laughlin lied to Director Byrd during the last meeting, when he claimed he didn’t know how MID handled his invoices after he submitted them. Why do I say he lied? Because shyster O’Laughlin had already been paid.
Why do we need more openness? Because Allen Short and Tim O’Laughlin have repeatedly involved staff in juggling the numbers and information made available to make Shorts expansive and unrealistic visions of the future, the same visions requiring our rates to rise, seem reasonable. After all O’Laughlin let the cat out of the bag when he admitted Oakdale Irrigation District doesn’t feel any need for recapture ponds like the ones Short and staff says are not only necessary but imperative to the tune of $72 Million.
It is finally up. Spread the word. We need to get the real facts out about this insane water sale.
There is no water to sell. It is all contracted.
=
For those of you who the prior article doesn’t display in the desired way please use the following link.
|
IMMINENT DISASTER TO OUR VALLEY and ECONOMY |
||||
|
MID “Proposed” WATER SALE to C&C of SAN FRANCISCO |
||||
|
THE ONLY WATER THAT CAN BE MANIPULATED is AGRICULTURE |
||||
|
Estimate for 2018 |
||||
| MAXIMUM MID Annual Allocation Tuolumne River |
310,000 AF |
|||
| Spillage from Oakdale Irrigation District into MID (actually zero) (6) |
0 AF |
|||
| Seepage/evaporation from Modesto Reservoir and System (1) |
(60,000) AF |
|||
| Agriculture Customer Use (Acre Feet = AF) (1) |
(191,000) AF |
|||
| City of Modesto Domestic Water Project Phase #1 (2) |
(35,000) AF |
|||
| Environmental Stewardship | ||||
| FERC Relicense of Don Pedro projected (Min.) (3)(4) |
(20,000) AF |
|||
| CA Water Resources Control (Min.) (3) |
(24,000) AF |
|||
| Bay/Delta (3) | ||||
| San Joaquin River Restoration (3) | ||||
| City of Modesto Domestic Water Project Phase #2 (3)(4) |
(35,000) AF |
|||
| CA Dept. of Housing and Comm. Dev.(5) | ||||
| Outflow (regardless of infrastructure improvements) |
(30,000) AF |
|||
|
Current Over-Commitment |
(85,000) AF |
|||
|
TOTAL DEMAND |
(395,000) AF |
|||
| NOTE: The only variable that can be manipulated is Agricultural Customer allocation | ||||
| There are 58,000 Acres eligible to receive ag water in the MID | ||||
| Asst. Gen Manager, Walt Ward has presented that the base ag allocation is 191,000 AF. | ||||
| HISTORICAL BASE LINE | ||||
| 191,000 AF ÷ 58,000 acres = 3.293 AF / acre, or 39.5 acre inches / acre | ||||
| If MID has over committed our water by 85,000 AF, and the only source for adjustment is ag, | ||||
| WITH ENVIRONMENTAL STEWARDSHIP AND MODESTO PHASE II TREATMENT PLANT | ||||
| Mod II/FERC | 191,000 AF + (85,000 AF) = 106,000 AF | |||
| Mod II/FERC | 106,000 AF ÷ 58,000 acres = 1.83 AF / acre, or 21.93 acre inches / acre | |||
| WITH CCSF SALE |
(85,000) + (27,200) AF CCSF |
(112,200) AF |
||
| Mod II/FERC/CCSF | 191,000 AF + (112,200 AF) = 78,800 AF | |||
| Mod II/FERC/CCSF | 78,800 AF ÷ 58,000 acres = 1.36 AF / acre, or |
16.30 acre inches / acre |
||
| If an almond crop requires 36 acre inches to produce a decent crop, how many acres will a | ||||
| grower need to own to fallow to provide enough water? |
2.21 acres |
|||
| Every grower in MID will have to fallow 59% of their land to grow a permanent crop. | ||||
| What banker is going to make a “Crop Line” loan or real estate loan on those values? | ||||
| NONE | ||||
| Growers will have to fallow |
34,071 acres |
|||
| At 3,000 lb almond crop (nonpereil + pollinator) @ $1.90/ lb | $5,700 / acre | |||
| With Modesto Chamber economic multiplication factor of 7X | $39,900 per acre | |||
| Times acres fallowed = ANNUALLY |
$1,359,441,047 |
|||
| Multiplied by MID’s proposed contract terms of 60 years = |
$81,566,462,827 |
|||
|
|
||||
|
|
||||
| (1) Walt Ward 3/5/12 Landowner Meeting MID | ||||
| (2) GM Short present to Modesto Chamber of Commerce, MID 2/17/12 | ||||
| (3) Tim O’Laughlin MID Board 2/14/12 | ||||
| (4) Tim O’Laughlin Modesto City Council 3/13/12 | ||||
| (5) Dave Thomas – 22,800 AF Requires City of Modesto to build 22,800 new homes | ||||
| as share of population growth to be completed by 2014 (State Law) | ||||
| (6) Walt Ward 3/5/12 Landowner Meeting MID – presented +16,000 AF = FALSE CLAIM | ||||
My Friends, giant STA kudos must be given to Ed Bearden for his discussion of the threats the Modesto Irrigation District management is posing to us individually and our entire economic environment. Ed makes some VERY important unique observations and comments in his article.
In addition, he forces us, and the MID management to remember 3 critical issues, which are:
1. MID is NOT a business, but a ratepayer-owned utility mandated to serve the needs within the District. Ed says, “Someone (meaning Tom VanGronigan and Paul Warda) has forgotten this valley was a desert prior to the 1887 creation of the MID as a public utility.” Ed reminds us of the sacrifice and arduous work by which the People created a water storage and distribution system which created a bounty of food and business.
2. Ed reminds us that MID management, aided by rubber-stamp Directors (same 2 guys), squandered untold millions of ratepayer’s money on failed ventures like TANC, Mountain House, the Four Cities, the BioMass Burner, the Phase 2 water treatment plant. Ed says, “So now the MID board is saying we need money more than we need water.” And this would be an even bigger mistake.
3. Ed’s most important and compelling comments remind us that YOU and I own the land and the water. MID exists because our ancestors sacrificed and labored, mortgaged their farms, and created this green, productive valley with their hands, mules, horses and blood. They did not create water to be sold to a city 100 miles from our District. MID management has NO AUTHORITY to sell water outside the District, only the ratepayers can authorize that. Until they do, the water belongs here in the Valley.
If Ed will give me the liberty to paraphrase his great article, I would say to Directors VanGronigan, Warda, Wild and Blom, “Join Director Byrd, and do NOT sell our water to a greedy city far away, especially for the 30 pieces of gold they offer. Do NOT violate the trust the Ratepayers demand of you. DO stop this horrible idea of permanent divestiture of our precious resource. Stop considering this giveaway now.”
Ed, on behalf of the Stanislaus Taxpayers Association, every farmer and dairyman, every electricity user in the District, THANK YOU for your considered and wise words.
Dave Thomas
By Emerson Drake
With some people there is no end to greed and it seems Modesto Irrigation District attorney Tim O’Laughlin of O’Laughlin & Paris LLP is no exception. He went out of his way to troll for business on Tuesday denying a ratepayer the right to discussion during the Consent Items portion of the meeting.
Director Byrd had asked questions regarding Consent Item #1, a motion to approve Warrants in the amount of $970,523.55. He had question relating to the details behind the costs regarding several items. Some of these were answered completely by staff and others vaguely with the caveat they would provide further detail at a later date.
While the individual items were under discussion it was thrown open to public questions. When a ratepayer asked for information regarding two items on the warrant list they were told by Tim O’Laughlin that they would receive their answer via Public Records Act or (PRA). What many aren’t aware of is attorney O’Laughlin’s company gets paid extra to process these very requests.
Now MID’s own guidelines say that discussion will only take place if an item is pulled. The question should have been answered immediately but O’Laughlin decided to create some work for his own company and denied the ratepayer the answer. During the meeting it was pointed out to the Board, that when addressing theCountyBoardof Supervisors or the Modesto City Council regarding Consent items, the answers are forth coming immediately.
A conversation with MID Board President Tom Van Groningen after the meeting suggested the questions should have been answered at the time of the query and the situation would be rectified by the next meeting. On that we’ll have to wait and see. Not that we doubt Director Van Groningen’s word but in the not to recent past Dave Thomas of the Stanislaus Taxpayers Association had worked out an arrangement with MID General Manager Allen Short, only to find out at the next meeting that Mr. Short tossed the agreement aside and continued on as he had previously. It was suggested attorney O’Laughlin had something to do with the change of heart. So until we see if O’Laughlin is allowed to continue to drum up business for his own firm, the only position we can take is to bide our time until the next meeting.
The larger question remains as to why MID’s own attorney is allowed to generate unnecessary work for his company.
The answer to one of the questions, the Chamber of Commerce is celebrating their 100th anniversary this year and MID decided to spend $1,000 of ratepayers money to buy a page in their “special” anniversary issue.
You can decide for yourselves if you believe this is a judicious way to spend your hard earned money.
By the way, the Chamber of Commerce will be receiving a private presentation of the MID water sale propaganda before the rate paying citizens do. When queried, Cecil Russell, the Chambers CEO, wasn’t concerned that they wouldn’t hear both side of the discussion. He believes these “Businessmen” can discern what needs to be done without all of the facts.
We believe, just as in a political debate, both side of a discussion should have the opportunity to present their points of view.
No offense to anyone but maybe the ratepayers who have spoken up against the water sale should have bought a page in their anniversary issue too.
For February 27th on Athens Abell’s ‘On Watch’ cable television show proponents for the sale of water have been invited, Josh Vanderveen and a representative for the Latino Roundtable either Armando Flores or Ruben Villalobos have been invited as they have been outspoken at MID meetings. Two individuals who have spoken out against the sale, John Duarte and Todd Sill have been asked to come and represent the anti-sale side of the discussion. Final details have yet to be worked out.
Let the War for our MID Begin
By Emerson Drake
It was nice to see one of our newest Board members asking question regarding expenditures. In the distant past that was a mainstay of Cecil Hensley, requesting information and challenging what he considered frivolous spending on the part of staff. Larry Byrd was just seeking background of the Warrants or ‘bills’ MID was paying this month.
We were forced to endure a 50 minute workshop by Carol Whiteside regarding Board members Roles and Responsibility or Board Theory 101. Unfortunately it didn’t cover the topic everyone believed was going to be covered, the reason for November 22, 11 meeting, A Resolution approving Modesto Irrigation District Board Policies regarding Board Governance Process and Board –Staff Linkage.
I know that’s a mouthful but its the Resolution Allen Short attempted to push through for MID Board approval after the election but before the new Directors could be seated and vote on the subject. Both of the new Board members requested it be delayed until they could discuss and provide input on the subject.
When the embattled long timers on the Board have no idea of which way to turn, they fall back and punt.
Watching Board President Tom Van Groningen crawl sideways in response to a question from a ratepayer and claim in today’s meeting that these were just guidelines and not cast in stone, had to be seen to be believed. There’s no nice way to say it because he was literally lying through his teeth. Originally the plan was to pass this resolution word for word.
Many people spoke out during the input for the good of the district portion of the meeting but fireworks erupted when Dave Thomas of the Stanislaus Taxpayers Association spoke. Dave has been instrumental in trying to get information out of MID through Public Information Act Requests.
As many are aware MID hasn’t been forth coming with these requests. We’ve had to go so far as to have a Letter to the Editor Published in the Bee to hold MID’s feet to the fire.
It’s felt that MID General Manager Allen Short over stepped his authority when he went to Washington and talked with Senator Diane Feinstein regarding the sale of water to the City and County of San Francisco. When he pressed former Board President Director Paul Warda if he had made a special request of Allen Short, Director Warda stated he had not.
At this point Tom Van Groningen became combative with Mr. Thomas and used about a minute and a half (no I didn’t time it) of Dave’s alloted time and when the buzzer went off indicating Dave was out of time, Tom Van Groningen became aggressive pounding his gavel repeatedly unwilling to allow Dave to finish his statement despite the fact Van Groningen had “stolen” time from him against past MID Board policy. Director Van Groningen became so incensed his face turned beet red and spittle flew from his mouth as he repeatedly slammed the gavel down. Van Groningen was so rattled he then declared the meeting in recess and had an armed security guard remove Dave from the meeting. Dave being the gentleman that he is left without further incident.
Dave had written a records request and he read it into the record. The following is Dave Thomas statement to the board in its entirety in its original letter format.
. To: Chairman of the Modesto Irrigation District Board of Directors, Tom VanGronigan
Tom, my good friend, we have served on several committees and boards since the early 1990’s. We pretty much know each other. I meant to write this request Tuesday afternoon, but just could not get to it. I am pretty sure that we are quite busy, and you understand that this request is less timely than I want.
In any case, I, and the Association are in need of information regarding Allen Short’s October visit to Washington D. C. to visit Senator Diane Feinstein, Congressman Jeff Denham’s assistant, Nancy Pelosi’s Policy Advisor and two FERC officials. This means that I am required to make a request under the tenets of the California Public Records Act, we request the following information:
1. MID counsel O’Laughlin responded to my PRA request by sending me a letter signed by Allen Short and addressed to Senator Feinstein, the first sentence of which thanks the Senator for meeting “…with the group from Modesto Irrigation District and City and County of San Francisco.” regarding Allen’s “deal points” for a 27,200 acre foot water transfer of MID water to San Francisco.
During the Jan 24th MID meeting, you refused to identify the “group” of people from MID and CCSF who met with the Senator. This refusal requires me to make a PRA request to tell us exactly who visited the Senator with Allen. Please tell us the name and title of every person who visited with Allen and the Senator.
2. Please tell us if you were one of the people who were in the group mentioned in #1, above. Moreover, identify any other MID AGM’s, managers, any MID employee, spouse, relative or friend that accompanied the MID entourage whether they paid for their expenses or their expenses were paid by MID
3. Please tell us the dates, locations and reasons for the visits, of every meeting you have had with Allen Short and/or Tim O’Laughlin, from July 1, 2011, to Jan 23, 2012. This includes every non-scheduled MID Board meeting, whether just you and Allen, or you and Tim, or both Allen and Tim and others.
4. Please tell us what expenses MID has paid for your travel, entertainment, any auto expenses, any other payments or reimbursements whether cash or credit card, from July 1, 2011 to Jan 23, 2012.
5. Finally, during Tuesday’s meeting, last year’s Board Chairman, Paul Warda, admitted that Allen’s trip to Washington D. C., as described in #1 above, was not authorized by the BoD. Please confirm, as current Chair, that this trip was outside the authority vested in Allen. Or, if you know that Allen’s trip was appropriate under Resolution 95-66,or any other Board sanction, please tell us.
Thank you, Tom, I appreciate your candid, transparent and complete response to our request. I know you are committed to total transparency in all your efforts to protect the MID customers.
Dave
I have made similar Public Information Requests since the meeting and will be following them up.
Eye On Modesto 