Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “MID Water sales”

“What’s on America’s Mind at 7:00 PM Pacific Tonight

Topics will include  behind the scenes insight of the recent MID meeting vote, MID  attny Tim O’Laughlin’s lies, Salida’s concerns regarding the possible annexation, the 7 question PIR regarding Salida, Modesto Chamber of Commerce’s astoundingly unbelieveable  denials regarding George Patrulakis, and of course national issues effecting all of us from the latest crusader in tights, Romneyhood, to the War on Women and much more Wednesday night at 7:00 PM Pacific .

You can always call in and talk to the host at 1-347-215-9414

http://www.blogtalkradio.com/centralvalleyhornet/2012/08/16/whats-on-americas-mind-with-emerson-drake

 

Reed Smith Questions Modesto Bee’s Editor and Senior VP/News Joe Kieta

Joe Kieta
Editor
Modesto Bee
 
Mr. Kieta:
 
It was nice to meet you on July 11, 2102 during the Editorial Board session when John Duarte and I were invited to discuss the MID water sale to the SFPUC.  Welcome to Modesto.
 
During the Editorial Board meeting, Judy Sly proposed that MID’s repeated false claims could be attributed to mere incompetence.  Incompetence would be justification to end negotiations to sell our water all by itself.  This was countered during the presentation as implausible because of the repeated re-use of documents that by MID’s own documents prove false, numerous times after the lie has been publicly exposed.  I would find the term “criminal” closer to the mode MID Board and staff are in, with incompetence removed from the excuse list many months ago.  
 
On one particular issue we discussed, John Holland followed-up in a phone call to me on July 13 asking me to validate a statement I made, that being my source of the California Water Resources Control Board staff’s statement in a meeting on May 3, wherein we were told that a 50-60 year water transfer was a “permanent” transfer of water rights.
 
I sent the e-mail below to Mr. Holland on the 13th as a reference document and cc’ed you.  I entered your e-mail address incorrectly, so it has been in my in box as undeliverable.  So, fast forward to my writing to you today.  On July 10, I had a very brief encounter with John Holland in the foyer of the MID Board Chambers during the morning MID Board Meeting break.  I inquire if he had contacted the references I provided.  He said he had not had time.
 
POINT:  One of MID Board’s key criteria for any water sale is to not interfere with the water right.
 
 

Question Key: General Questions Ag Related Questions November 2011

1. Will transferring the water for a long term deal endanger MID’s water rights?

The proposal is for selling water. Just water; MID’s water rights will be retained by MID; in fact by putting water to beneficial municipal and industrial uses, MID is protecting the water right.

 
I have provided John Holland with a statement witnessed by myself and John Duarte, who was in your conference room with John Holland on July 11, stating that experts in state government factually believe water rights are voided.  I have provided Mr. Holland with the citation of who, what, when, why, and where, on THE MOST IMPORTANT FACT IN THE WATER SALE NARRATIVE, and . . . Mr. Holland is too busy to validate and report it.  Hmm.
 
It begs the question of the Bee’s veracity on this issue.
 
I hope to see Mr. Holland’s reporting in a major article on MID’s attempt to sell our water rights.  Certainly it is newsworthy.
 
Regards,
 
Reed Smith

Is George Petrulakis a Paid Lobbyist / Lawyer for MID Here’s His Contract

By Emerson Drake

We expressed concerns regarding any meetings between the City of Modesto and MID without Rollie Stevens being present especially when it was made known MID refused to allow Stevens to attend any meetings between them and Modesto City fathers.  When Modesto Mayor Garrad Marsh met with MID General Manager Allen Short with Attorney/Lobbyist George Petrulakis present we felt uncomfortable.  We were assured by the Mayor Petrulakis was just there as a facilitator. At the time, no one could prove Petrulakis was there for any other reason.  But now after you read the contract you’ll see he is being paid to influence Modesto’s elected officials to see things MID’s way.

You’ll be able to see how much Petrulakis is being paid by the hour and how much he’s received so far.

We’ll discuss MID’s choke hold on requested public information very soon, but for now read the contract and decide for yourself if this is the correct way to proceed.  If MID gets to have a paid attorney/lobbyist in the meetings shouldn’ t we?

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“What’s on America’s Mind” Tonight at 7:00PM Pacific

Tonight we’ll be discussing the Bee’s inability and John Holland’s unwillingness to convey what is happening at local meetings,  Our County Supervisors view on the Water sales, what’s happening in New Hampshire regarding freedom of Speech and local authorities trying to stifle it, and last but not least how Women’s Issues are playing out on the national stage.  It’s starts Wednesday night at 7:00PM Pacific time.

You can call in and just listen to the show or join in the conversation by calling 1-347-215-9414

You can always catch any of the shows in the archives.

And of course a big Thank You to Brad over at  104.9 FM K-GIG who broadcasts Central Valley Hornet Shows.

http://www.blogtalkradio.com/centralvalleyhornet/2012/07/26/whats-on-americas-mind-with-emerson-drake

“On Watch” Cable TV Comcast 15, Streaming Video and 89.5FM

Emerson Drake
I’m guest hosting Athens Abell’s cable TV show “On Watch” at 6PM tonight Monday July 16th. Supervisor Terry Withrow will be there to discuss farmland mitigation. I’m doing a segment on Modesto’s negotiating with MID and Modesto City Councilman Dave Geer will be my guest. And if time permits a segment on the County Fair. It’s all on Comcast channel 15 the Assyrian Channel and online via streaming video and KBSV-89.5 FM 

http://www.betnahrain.org/KBSV/kbsv.htm

Tonight at 6:00 PM Athens Abell’s “On Watch” MID Water Sales and More

Tonight at 6:00  PM Pacific I will be guest hosting Athens Abell’s cable TV program “On Watch” with guests John Duarte and Troy McComak.

It can be found on the Assyrian Channel KBSV-15 on comcast, KBES 89.5 FM, and http://www.betnahrain.org/KBSV/kbsv.htm streaming video.  Just click on DSL at the top of the page.

First off we’ll be discussing with John Duarte  MID’s proposed water sale and the propaganda and misinformation  that the Modesto Bee and others have  been spreading.

The we’ll bring you some interesting thoughts of Troy McComak a former California 10th District Congressional candidate.

I hope you can take the time to visit with us.

Muratore Stabs Constituents in the Back

 By Emerson Drake

When MID’s General Manager Allen Short and attorney Tim O’Laughlin made their water presentation to the Modesto City Council, they deliberately misled them regarding the reliability of Modesto’s water supply from MID.  This was acknowledged by the Council when they finally had the opportunity to read the proposed contract with the San Francisco Public Utility Commission , also know as the SFPUC.  O’laughlin had the audacity to stand  in front of the Council and claim the contract would protect Modesto and keep Modesto first when it came time to divvy up available water.

Obviously that was just a lie.

When the council first voted in closed session it was 5-2 for exploring a lawsuit against MID for violating a  2005 contract. But before it became public the Council took another vote which made it a unanimous 7-0 vote.  Councilman Lopez spoke about this in open session. The two votes against were Mayor Marsh and Councilman Lopez.

 Councilman Muratore Betrays Modesto and Changes His Mind

Unfortunately MID Director Tom Van Groningen has since somehow  “persuaded” Muratore to change his mind and suddenly Muratore loves the proposed water sale.  What arguments did Van Groningen use?  Did he magically make more water appear in Don Pedro? No. Was he able to convince the SFPUC to take a back seat to Modesto and the farmers?  No.  So what did he dangle in front of Muratore to change his mind?

Well we do know from past experience with Councilman Muratore that money talks.  Maybe VanGroningen apologized for not passing a special exemption when Muratore, Swehla, Endsley and Hawn brought a solar project to the MID board.  Unfortunately that time Swehla screwed the pooch and failed to meet a paperwork cut-off and the project wasn’t eligible for the increased financial inducement which would have made the project viable, costing their fledgling company any chance of remaining in business.  And of course we remember Van Groningen supported Endsley’s biomass/garbage burner plant which cost ratepayers $1.292Million dollars. The $92,000 went to MID attorney O’Laughlin’s firm, but hey, who’s  counting?

Maybe a Forensic Auditor should be brought in to examine MID’s books given the revelation MID’s General Manager made when he admitted he had funneled money to political consultant Mike Lynch through Martino Graphic Design,INC. Has he done this before?  Have they paid a political consultant through a graphic design company or another company unrelated to political consulting to disguise their intent?  Couldn’t this sleight of hand be considered illegal, especially if there is evidence of this not being the first time?  Lynch has been making the rounds whispering in the ear of political wannabes like Councilman Lopez’s stepson Josh Vanderveen, who has been speaking out for the sale regularly since this issue came to light. Up to this point there hasn’t been enough known inducement for Lynch to be making promises to so many political candidates.  And of course it can’t hurt that Councilman Lopez has been making discrete inquiries about running for Supervisor Dick Monteith’s job when the supervisors term expires.

Whatever VanGroningen whispered into Muratore’s ear worked and as a result the potential vote is now 4-3 regardless of anything you’ve heard.  Now all eyes are on Councilman Cogdill to see if he’s as honorable as we hope.

Above all we need Council members to watch out for the Citizens of Modesto’s best interests and not their political careers or their wallets.

More Water Sale Information You Need to Know

By Reed Smith

Right now, MID has overcommitted it water resource by 71,804 acre feet, with no drought and no sale to SF.  With the sale to SF, that increases to 99,044 AF (and still no drought) of water MID does not posses.
 
This irrigation season, MID farmers are getting their full 42 acre inches of surface water deliveries.  Based upon rainfall, MID should have drasticaly cut water deliveries like Turlock Irrigation District did by cutting 50%. They politically could not document the drought with delivery reductions.  The MID Board, motivated by unknown incentives, is going to sell ALL of our water to SF.  I say ALL based upon the fact they are already breaching a written signed contract with the City of Modesto.  If this Board is willing to breach a written contract with their primary customers, and voters who elected them, they will do anything.
 
 
The MID proposed contract gives SF first right of refusal for all future sales.  Let’s connect the dots.  MID sells water they do not have, directly taking it from a populace that has a written contract, in order to provide it to the SFPUC and the Cargill development.  How is Modesto to protect any of it’s water with Nick Blom, Jr., Glen Wild, Paul Warda, and Tom Van Groningen sitting as Directors?  We can’t.
 
The City Council has the most direct power to stop this sale by enforcing, by litigation, the written contract it has with MID:  Appendix E: Water Treatment and Delivery Agreement.   This document is enforceable, and will prevent the sale.  THE PROBLEM:  Rubin Villalobos along with a handful or others are trying desperately to “flip” the 7 to zero City Council vote to sue MID to a 4 to 3 against suing MID.  Villalobos’s letter of May 4, says explicitly his purpose:  to stop the vote to sue MID.  Why would he do that?  He is being paid to do that, claiming he represents MCS, when MCS’s write he does not, all the while he is representing another paying client.  Villalobos profits from claiming to represent MCS, to the detriment of MCS.  We do not know the name of the real client.
 
Let me run through the math:  It takes 42 acre inches to grow an almond crop EVERY YEAR.  A farmer cannot skip an irrigation year because he did not get water.  The tree dies.
 
If MID sells to 27,240 AF of our water to SF, the resulting –99,044 AF from the over-obligation table can only come from one place, agriculture.  Ag gets, on average, 191,000 AF.  Subtract 99,044 AF from that and you have a 54.7% acreage loss to ag.  That means that permanent-crop farmers will have to fallow 54.7% of 58,000 acres, or saying it another way, turn 31,726 acres into desert, right in our midst.  Each acre, if growing almonds, the farmer generates $5,700 worth of almonds at the farm gate [3,000 lb. almond yield (non-pereil + pollinator) x $1.90/lb = $5,700 /Acre].  That money is, in turn, circulated throughout the Modesto community seven (7) times, as per Cecil Russell, Modesto Chamber of Commerce Exec Dir.  So, we take a loss of 31,726 acres x $5,700 farm gate value per acre x 7 times economic multiplication factor = $1,265,967,400 ANNUAL LOSS to MODESTO.
 
Stanislaus County will be an economic desert by 2018.  We have approximately 20% unemployment in our county now.  WHAT WILL IT BE LIKE LOSING $1.26 Billion from our Stanislaus economy?  AND, WHAT WILL CRIME BE?
 
MID does not have any water to sell.  The sale is fraud and grand theft.

Reed Smith’s Response to Tom Van Groningen and MID

When the FACTS fail MID Director Tom Van Groningen, all he has left is opinion.

 

Let me start by commenting that Tom Van Groningen (TVG) is only President of the MID Board, because heappointed himself President.  There was no vote for him to dominate the conversation at MID.  He claims to be the only one in the room in command of the “FAQ’s” (made-up false statements).  That is distinctly different than “FACTS.”

TVG states “the dialogue has generated some misinformation and I’d like to set the record straight.  The water transfer under discussion doesn’t include the sale of water rights”.  I guess TVG’s FAQs do not match up with the FACTS presented by the Chief of Water Rights for the CA State Water Board, who told us a 50-year water sale contract is absolutely a waiver of water rights.  MID will never get the water back.

TVG has been staging this SCAM since at least 2008, yet his ploy of the week is to scare you into the FAQ that the deal is NOW “urgent”.  The only thing that is urgent is the cash that will be skimmed off this deal.

TVG states: “The necessary infrastructure improvements are many, . . . These improvements will enhancewater use efficiency, increase the system’s flexibility and ensure reliablewater for our customers.”  This statement baffles me, as his staff and consultants were asked for the specific assessment reporting on the flume.  There are none.  No analysis has been done.  How can he state it is crumbling when he has not even looked?  Where is the X-Ray analysis of the structure?  His senior water engineer said in a MID Board meeting this year that if the flume started to leak because of an earthquake, it could be repaired within 5 days for approximately $55,000.  That made TVG furious (great video), and in the name of “civility” he called his own senior water engineer, with 35 years of MID experience, a LIAR during a MID Board meeting.  Wow.  I guess I missed the engineering degree on TVG’s resume.

I would like to point out that the Roman Empire’s first aqueduct was constructed in 312 BC, and much of these were constructed with concrete, the same as the Geer Road flume.  Many are still in use today.  Pretty scary being just 95 years old, when heritage aqueducts are over 2,000 years old.  Yes, certainly urgent, yup, yup, yup.

If the funds from the water sale are for infrastructure, why did MID General Manager, Allen Short, tell MID water users in October, no less than eight (8) times that the income from water sales would ONLY GO TO “CURRENT OBLIGATIONS, not infrastructure”. Why? Please read MID’s Proposed contract for this sale on their website foryourself.  That would be a FACT TVG.  Exhibit D says: “POTENTIAL USES OF REVENUE – Water sales revenue will be used for water related costs including BUT NOT LIMITED TO: • Debt retirement, • Rate stabilization, • Improvement district repairs/updates, • Enhanced canal security, • Pressurized systems, • Infrastructure improvements, • FERC relicensing and related obligations, • Water conservation programs.”  I do not read any commitment to infrastructure here.

The only honorable and truthful MID Director, Larry Byrd, set the stage to document what the otherfour have been up to: they already voted for this water sale once on January 10, 2012.

This only reminds me of the semantic concept of “to rationalize” when broken down onto its component parts is a “rational lie”.  When FAQS from the MID GM, MID Gen. Counsel, and the other four Directors are demonstrably all “rational lies”, who can doubt they WILL VOTE FOR THE SALE on June 26.

Proposed transfer threatens River

A proposed transfer of 2 million gallons of water per day from the Modesto Irrigation District (MID) to the San Francisco Public Utilities Commission (SFPUC) is currently under negotiation. This water would come from the Tuolumne River. Since 2008, when the environmental impacts of the transfer were studied, water use and demand projections have decreased dramatically, raising questions about the need for additional diversions. In addition, because the SFPUC reportedly will only ask for the water every 3rd year, the true cost of the water will be a staggering $2,100 per acre foot! At a time when water rates are increasing substantially every year to pay for system upgrades, it makes little sense to invest in unneeded, and highly priced, water. To register your opinion with the SFPUC, click here.

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