MID board OKs property access, unrestricted water transfers

Modesto-area farmers concerned about privacy and food safety lost a pitch Tuesday to keep irrigation employees off private property.

On a separate 3-2 vote, Modesto Irrigation District leaders also rejected restrictions on water transfers, essentially paving the way for limitless deals in some situations. Additionally, the board agreed to try boosting measly amounts of Tuolumne River water going to farmers with groundwater pumped from private wells, while postponing a decision on another pumping program featuring different incentives for well owners.

The board’s unanimous property-access vote ends sticky negotiations with attorneys representing growers objecting to proposed changes to irrigation rules that had not been updated in 15 years. Most contentious was a provision allowing MID to terminate water rights for denying access to property, though language recently was relaxed to penalize only people who are “unreasonable.”

Evolving state regulations now require that farmers take precautions, Ripon attorney Stacy Henderson said, to guarantee food safety. The proposal “gives you more power than the police,” she said, asking that property owners receive notice prior to entry except in case of emergency.

Others were concerned about privacy and liability if, for instance, fields had just been sprayed.

Proposed wording conveys the impression of “heads, MID wins; tails, the public loses,” Modesto attorney Bob Fores said.

Board member John Mensinger said the proposal allows ditch tenders to do their job, and the rest of the board agreed.

The other votes all were responses to the ongoing drought, now in its fourth year.

The board voted 5-0 to revive a program in which well owners pump groundwater into district canals, augmenting MID’s total supply; in exchange, the district will return 75 percent in river water, up from 65 percent last year when just three farmers signed up for the so-called Water Management Alternative Program.

But board members balked at a new pumping proposal called the Supply Augmentation Program, in which MID would take control of a private well and pump as much as desired in exchange for 12 inches of river water. That would boost the expected allotment of only 16 inches per acre – the lowest in MID history – to 28 inches.

Some people predicted lukewarm response.

“I think it’s ridiculous,” Modesto farmer Bruce Oosterkamp said. “Who is going to give up (well) rights so MID can mine water out of the ground and sell it?”

Henderson questioned whether overpumping could harm neighbors’ wells and noted that proposed contract language would not protect well owners from lawsuits brought in response to MID’s potential irresponsibility. “It’s a huge risk,” she said.

Wanting to provide farmers with as much flexibility as possible, the board directed staff members to bring the issue back at a future meeting, giving people more time to study proposed terms.

Board member Jake Wenger said myriad drought-coping programs could “open the door to massive abuse” if some farmers wheel and deal their mineral-laden groundwater for river water, which is better quality. He suggested capping farmer-to-farmer transfers, as well as district-managed transfers, at a fixed price, saying growers should not be allowed to transfer more than the amount expected in their allotments, or 16 inches per acre.

Board Chairman Larry Byrd agreed, but board members Paul Campbell, Nick Blom and Mensinger outvoted them. A well with healthy output could help a lot of neighbors, Blom said.

Modesto farmer Aaron Miller asked the board to monitor MID’s drought-related expenses because farmers will be forced to reimburse them.

Last year, MID imposed an $11.91-per-acre drought surcharge before the season, but that amount did not cover expenses, so staff members on April 28 will set in motion a drought surcharge to be calculated after the irrigation season. If MID spends the same amount as last year on electricity for extra pumping and canal patrols, the surcharge could top $16 per acre.

This story was originally published April 7, 2015 at 5:52 PM with the headline "MID board OKs property access, unrestricted water transfers."