NYWD votes to sell water

Sep. 1—Over the past few months, officials with North Yuba Water District have been pursuing the transfer of as much as 15,000 acre-feet of water to other water districts in the state.

Through the leadership of General Manager Jeff Maupin, the district is attempting to sell this water despite the denial of a 2022 irrigation season for its own customers. The district claims the sales are needed to properly fund a pipe that could deliver the irrigation water that has been denied.

In internal emails obtained by the Appeal, Maupin has been in communication with South Feather Water & Power Agency's General Manager Rath Moseley requesting that the agency make the needed water available to North Yuba Water District for the proposed transfers. Any water transfers would need to be approved by South Feather, Moseley confirmed with the Appeal.

In a letter sent to Moseley by Maupin that was dated Aug. 10, Maupin assured Moseley that the North Yuba Water District (NYWD) board would approve the transfer, well before Wednesday's actual vote — board members Doug Neilson, Chris Cross, Gary Hawthorne, Donald Forguson and Ginger Hughes all gave their approval for the potential sales at Wednesday's special meeting.

"NYWD will provide purchase and sale agreements once executed and documents demonstrating that NYWD's Board of Directors approved the water transfer after board action

on the matter," Maupin said in the Aug. 10 letter.

During South Feather's board meeting on Tuesday, Aaron Ferguson, a man who identified himself as an attorney representing North Yuba Water District, also "stated that the NYWD board of directors will be approving a surplus water sale tomorrow (Wednesday) at a special meeting," Moseley said in an email to the Appeal on Tuesday.

Approved unanimously by the North Yuba Water District Board of Directors on Wednesday was a resolution declaring that the district had surplus water and that the water would be sold to southern water districts in the state, if allowed.

"Adopt resolution declaring the District has a water surplus, and authorizing execution of purchase and sale agreements with Westlands Water District, Panoche Water District, Pacheco Water District, San Luis Water District, Eagle Field Water District, Mercy Springs Water District, and Byron-Bethany Irrigation District under Water Coder section 31023," the resolution states.

Steven Dambeck, owner of Yubakami in Oregon House, was critical of the claim that there is a "water surplus" available.

"There is no surplus water in California in 2022. Everyone knows the absurdity of the idea," Dambeck said in an email to the Appeal. "NYWD is actually stealing water from its constituents, a profound betrayal of trust. It is not 'surplus,' but stolen water. They are stealing not only from individual farmers, not only out of household wells, but from a whole community that will thrive or wilt on the fate of that water. This is the water that is destined to nourish the roots of a vibrant farming community in the foothills. We will get it back."

According to a 1999 guide to water transfers from the State Water Resources Control Board, "California law allows various water districts to transfer water for use outside of their boundaries only if water is surplus to the needs within the district's boundaries. ... Included within the definition of 'surplus water' for transfer purposes is water, the use of which is voluntarily foregone by a water user of the water district, upon terms that have been agreed to by the water user and the water district."

Michael Vergara, an attorney for North Yuba Water District who has also represented a potential beneficiary of the water sales, Byron-Bethany Irrigation District, explained during Wednesday's special meeting why there was surplus water.

"The district has under its permits ... 15,500 acre-feet of unallocated stored water in the facilities that are identified in the resolution," Vergara said. "The district has no current beneficial use for this stored water because under the current extreme drought conditions ... the district's conveyance system will not allow delivery from the Forbestown Ditch to the Dobbins-Oregon House Canal through the Dry Creek diversion. That water to travel from Forbestown Ditch to the Dobbins-Oregon House Canal has to travel through natural waterways."

The Forbestown Ditch is the district's main conveyance system. Vergara said because of how the water is delivered, irrigation customers within the district would need to pay for improvements to that conveyance system.

"We're not gonna have the domestic customers pay for it," he said. "... The reason that this water is available for sale is because we simply can't get it down the Dobbins-Oregon House Canal. ... That's why we have surplus water."

A generous offer

A few months ago, South Feather Water & Power Agency offered to deliver water to North Yuba Water District irrigation customers and to help maintain the Forbestown Ditch at no cost to the district. Yuba Water Agency officials also have offered to assist with maintenance at no cost to North Yuba Water District or its customers.

Dr. Gretchen Flohr, a former director of the North Yuba board who was elected to the Division 4 seat in 2019, previously said South Feather Water & Power Agency (SFWPA) had offered to repair the conveyance system in Forbestown Ditch and increase its capacity.

"NYWD ignored their offer which was to do this repair at cost. Further, SFWPA offered to do maintenance of the next three years (this would have been year two) and ultimately increase the capacity to a maximum of 50 cfs with a seepage loss of 10%. NYWD completely ignored SFWPA's offer, choosing instead to refuse water to its customers," Flohr said.

South Feather, in coordination with Yuba Water, responded to irrigation customer pleas by offering to maintain the ditch and provide water at virtually no cost to the district.

That proposal included the following: — SFWP will provide, at no additional cost, and at no discount to the revenue sharing provided by the 2005 agreement, the maximum amount of water that can be conveyed through the Forbestown Ditch from now until the end of irrigation season (October 15th). This arrangement will result in no new/additional costs to NYWD. — SFWP will assist with any maintenance necessary to prepare the Forbestown Ditch, the Oregon House-Dobbins Canal, and any related facilities, as soon as possible, for the delivery of water to as many irrigation customers as possible. SFWP will provide this assistance at no charge to NYWD. — In addition, I will offer that Yuba Water Agency will also assist with any maintenance necessary as described above, at no charge to NYWD.

"This proposal should provide NYWD the ability to deliver as much water as possible to as many customers as possible for the remainder of this irrigation season and could also allow for the testing and analysis of the efficiency of the NYWD conveyance system, including the Forbestown Ditch," Board of Directors Chairman and Yuba County Supervisor Gary Bradford previously said in an email obtained by the Appeal. "This proposal is motivated by concerns with the on-going effects of drought and the need for irrigation water in our foothill communities. This proposal is being offered by the Chairmen of each board to the Chairman of the NYWD board in an effort to expedite water delivery."

To date, North Yuba Water District has not been willing to take South Feather up on its offer.

Piping the ditch

During Wednesday's special meeting, Maupin said the water sales were needed to properly fund a proposed pipe for the Forbestown Ditch and bring irrigation water to customers with minimal losses.

"This district has to cover all losses for both parties," Maupin said. "... The idea has always been ... if we had piped the Forbestown Ditch, all of that lost water, plus the water currently available, will be enough to provide for irrigation needs. Had we been able to accomplish it ... irrigation today would have water."

Maupin said because "a lot of people" have "disrupted our finance," the district was now in the position where it would have to fund the ditch.

"We propose a temporary water sale to fund the Forbestown Ditch to solve the problem to get the water to the irrigation customers," Maupin said. "And the only reason this district is piping the Forbestown Ditch ... is to curtail our losses. ... We actually embarked upon this for the sole benefit of irrigation. This is the solution. ... Once the Forbestown Ditch is piped, the water can be delivered to irrigation. ... These water sales are just a temporary method to fund the project to solve the problem."

Officials said any contract made to sell water would expire on Dec. 31.

Several critics of the plan to pipe the ditch said what North Yuba Water District said during Wednesday's meeting wasn't matching up to reality.

"These seven agencies, especially Westlands, are super thirsty for water. Any NYWD sale is precedent-setting, and they'll likely ask, perhaps demand, for long-term contracts in the future," Alton Wright, who is running against Neilson and Renee Wood for the North Yuba Water District Division 1 seat in the upcoming Nov. 8 general election, said after Wednesday's approval. "The notion that this is a one-time deal is dubious, at best. Why? NYWD's proposed undersized plastic pipe will never move all the water and will continually leave the 15,500 AF behind. This situation will create a perennial situation to sell the water south instead of keeping it here for fire protection, expanding the NYWD irrigation footprint, and creating other water-rich opportunities for our community."

Marieke Furnee, who is running for the North Yuba Water District Division 4 seat against Hawthorne, said the district's claims about the actual cost of the pipe and what the district would receive for the water sales weren't adding up.

"I see that they only anticipate $4 million to come to their account from this sale. Their pipe dream costs about $20 million," Furnee said in an email after Wednesday's meeting. "So their plan seems to be to keep us dry for 4 more years, and save up for their dream? ... Ditch the pipe, we want our water."

Setting up a sale

Previously, Maupin sent a transfer proposal dated July 15 to Moseley about the potential sale. According to the letter sent by Maupin, North Yuba Water District was informing Moseley and South Feather of the district's intent to "transfer up to 15,000 acre-feet (AF) of water currently stored in South Feather Water & Power Agency's (SFWPA) Little Grass Valley Reservoir and Sly Creek Reservoir under Permit 11518."

Maupin said at the time that North Yuba Water District was preparing to file a "Petition for Change Involving Water Transfers (Petition) to accomplish the transfer." Maupin said the district was proposing to transfer a total of 15,000 acre-feet of water this year with the conveyance of that transferred water to "occur through SFWPA's facilities."

In April, North Yuba Water District and Maupin announced there would be no 2022 irrigation season for customers, despite several water experts claiming that Yuba County has plenty of water and is not affected by current drought conditions to such a degree as other areas of California, the Appeal previously reported. Maupin previously said water issues that currently exist within the district are not a water supply problem, but a water conveyance problem.

Critics of Maupin and North Yuba Water District's Board of Directors have argued that Maupin and the district have been hesitant to properly maintain Forbestown Ditch because Maupin and the district want to install a pipe, a plan that has been a point of contention among irrigation customers and former officials.

Flohr previously said the proposal to transfer water to other districts could bring upwards of $6 million to North Yuba Water District.

"It is a seller's market, they can price it however they like," Flohr, a vocal critic of the district, previously said. "... It is an outrage that NYWD (North Yuba Water District) plans to sell the community's water. NYWD has refused to provide water for fire protection, for irrigation, and continues to deliver unpalatable drinking water. NYWD cares nothing for its customers or its community and it is crystal clear to the entire community. The entire arrangement has been carried out in secret behind closed doors because the board and GM are well aware that no one in this community wants the water to leave the community. Keep the water here."

In his earlier request to South Feather, Maupin said the district was looking to get the transfer approved quickly so it could make "water available to the Buyers later this year." Maupin also referenced the fact that South Feather also is "pursuing a similar reservoir reoperation transfer to Santa Clara Valley Water District in 2022," the Appeal previously reported.

Several customers of North Yuba Water District have told the Appeal that not only have their livelihoods been negatively affected by the denial of a 2022 irrigation season, but they are also starting to observe wells drying up as a result of the decrease in water availability.

The public speaks

Prior to the board's unanimous approval to transfer surplus water to other water districts, several members of the public spoke in opposition of the plan. Not one public speaker spoke in favor.

"When I started being aware of this water situation, I came in neutral. I basically didn't know how it all worked and I was just listening to all the sides," William Sebrans said. "Over time, it seems pretty clear to me that we the residents here have a good case for getting our water and I don't see a very good case, at least as yet, for selling it south. So, I tried to think, why would the water board elected officials, here to serve the public good, why would they do that?"

Sebrans said of the reasons he could think of as to why the district would sell its water after denying an irrigation season, the most obvious was money.

"The only other thing I could come up with, and there could be more, would be some greed has slipped in here. So, I can't imagine why that would be because it's a public agency and who's going to profit? And yet there is a question, who will profit from this? ... Public good. ... I don't see it happening here."

Marlyss Berkan, a resident of Dobbins, said the current North Yuba Water District board was not being honest to its constituency.

"I'm just really saddened about all of you — Gary, Ginger, Doug, Maupin, all of you — for, well I'm going to get emotional, but for being so dishonest and trying to sell this water to the south and not being transparent and you still won't be transparent if you get to sell the water," Berkan said. "Where does the money go? $7 million is a lot and we need it here for farming, for fire safety, for animals in the area, and for us to be able to live properly in a humane way. ... Very disappointed. ... If we can fight this, we're gonna have it happen that we get to save our water here and that's all I have to say. I think you get the clear message from me and it's from our community too."

Prior to its ultimate approval, Donna Corson, of Dobbins, pleaded with the board to vote no on the potential transfer.

"You, the board, decided not to sell water to your own customers and now you are planning to empty our water holdings to valley districts. Betrayal is my word for what you are thinking of doing. Please vote no," Corson said. "The tranquility of life in the foothills will be forever lost. The water permitted to the people of the foothills was provided for the benefit of local residents. How fortunate we are to have this watershed and you are thinking of destroying our fortune."

Wright, in his comments, was blunt about the impacts selling water to other districts would have on the people of Yuba County.

"I know there's little that I can say that will influence you to change your mind about the disastrous mistake that you're all making today. However, there's one thing I'm sure of, today's vote will haunt all of you forever," Wright said. "You are now known as the North Yuba sell-outs, that's right, the board who destroyed the Yuba foothills by selling our water and safety, killed local farming and jobs, increased our insurance challenges, reduced property values, stopped senior housing dreams, and ruined our children's future. And when the next fire comes and the water isn't here to fight it, you better hang your heads in shame. Or as droughts continue to plague us and drinking water will need to be rationed, you will be forever blamed. And I look at some of you, some of the past directors sitting there with smug looks on your faces, you should all be ashamed because you have all been party to this for many many years. Some of you sitting timely in Florida. Today will never be forgotten. Never."