Meeting of the California Water Commission

Start: Wed 16 Mar 2022, 9:30 AM

As a result of the COVID-19 emergency and pursuant to Government Code 11133 and Executive Order N-1-22, the March 16, 2022 California Water Commission meeting will not have a physical location. This will be a remote-only meeting, conducted via a web-based videoconferencing service called Zoom. The Commission remains committed to transparency. Members of the public will be able to listen to and watch the meeting and comment if desired.

Registration is not required to provide public comments. Members of the public who wish to comment during the meeting can do so by joining on Zoom (https://us02web.zoom.us/j/87577308241?pwd=a1VDRUdtcnBPTFNNMkhsdS9rYkd2Zz09). More detailed instructions on how to use Zoom and participate in the meeting can be found in the public participation guide.

Alternatively, members of the public can offer verbal comments by telephone by calling one of the numbers below:

(408) 638-0968

(669) 900-6833

Meeting ID: 875 7730 8241

Passcode: 741932

The meeting will be webcast live at: https://www.water-ca.com/. Individuals who only want to watch or listen should use this option as it preserves interactive meeting resources for those who are commenting on items.

1. Call to Order

2. Roll Call

3. Closed Session

The Commission may hold a closed session, as authorized by Government Code §11126(e), to confer with and receive advice from its legal counsel regarding potential litigation, and as authorized by Government Code §11126(a).

4. Approval of February 16, 2022 Meeting Minutes

5. Executive Officer's Report

The Executive Officer will report on various matters addressed since the previous Commission meeting.

6. Commission Member Reports

This is an opportunity for members to disclose any meetings or conversations related to Commission business since the previous Commission meeting.

7. Public Testimony

Although no formal Commission action will be taken, the Commission offers an opportunity for the public to address the Commission on items of interest that are within the Commission’s jurisdiction, but that do not appear on the agenda.

Correspondence Received Regarding This Item:

Leland Frayseth

8. Consideration of Evidence in Support of Resolutions of Necessity for the Yolo Bypass Salmonid Habitat Restoration and Fish Passage Project (Big Notch Project)

On February 10, 2022, the Department of Water Resources (DWR) notified the Commission of its intent to seek Resolutions of Necessity (RON) for the Big Notch Project in furtherance of a potential eminent domain action against the properties listed below. DWR cannot commence an eminent domain proceeding unless the Commission first adopts a RON (Code of Civil Procedure §§1245.210, 1245.220). DWR will present a report, required by the Commission’s Procedures for Resolutions of Necessity and Eminent Domain, (adopted August 17, 2011, revised February 20, 2013) (“adopted procedures”) containing information required by Code of Civil Procedure §§1245.230, 1240.510, and 1240.610. Possible direction to staff may include requests for additional information or arranging a site visit, with a landowner’s consent, consistent with the adopted procedures. No action will be taken to adopt any RONs at this meeting.

8A. Yolo Basin Farms Inc.; Assessor’s Parcel Number (APN) 033-220-046

8B. Daniel G. Engstrom, et al.; APNs 042-270-007 and 042-260-019

8C. Filemon D. Ong; APN 008-010-017

8D. Glide in Ranch; APNs 033-180-001, 033-180-002, 033-180-008, 033-180-020, 033-180-023, 033-180-025, and 033-180-026

8E. FarmTogether Stanley, LLC; APN 057-170-010 (portion)

8F. ML Farms Inc.; APN 042-260-021

8G. AJK Farms, LLC; APN 057-160-010 (portion)

8H. Dalhar Farms, LLC; APN 057-160-009 (portion)

8I. Angelo K. Tsakopoulos Holdings LP, et al.; APNs 014-600-076, 014-600-012, and 008-010-034

8J. Yolo Shortline Railroad Company; APN 057-170-099 (portion)

Correspondence Received Regarding Item 8J::

Sierra Northern Railway

8K. Arapaho Investment Company, LLC; APN 057-170-004 (portion)

8L. Wooden Decoy, LLC; APN 042-340-002

8M. Patrick Realty Corp.; APN 008-010-013

9. Water Storage Investment Program: Consideration of Use of Remaining Funds for Existing Projects' MCEDs (Action Item)

The Commission set aside $63.9M in funding for a possible second solicitation in the Water Storage Investment Program (WSIP) in January 2021. The Commission chose not to proceed with a second solicitation at its February 2022 meeting and directed staff to prepare information about how the Commission could divide the $63.9 million among the seven existing WSIP projects’ Maximum Conditional Eligibility Determination (MCED) amounts. Commission staff will present options for the remaining $63.9 million for Commission discussion and consideration. The Commission will decide whether to move forward with augmenting existing WSIP projects’ MCEDs.

PowerPoint Presentation

Correspondence Received Regarding This Item:

10. Six-Year Drought: Workplan (Action Item)

Commission staff has developed a proposed workplan to carry out Water Resilience Portfolio Action 26.3: “Develop strategies to protect communities and fish and wildlife in the event of drought lasting at least six years” in response to the December 14, 2021 letter from California’s Secretaries for Natural Resources, Environmental Protection, and Food and Agriculture. Staff will present the proposed workplan for Commission discussion and approval.

11. Consideration of Items for Next California Water Commission Meeting

12. Adjourn

*The Commission may break for lunch as needed.*

Written comments regarding specific items on this agenda will be provided to the Commissioners as part of their meeting packets if they are received by 5:00 p.m. on Monday, March 14, 2022. Written comments can be submitted to cwc@water.ca.gov. Staff will make every effort to provide comments received after this deadline electronically, but we cannot make any guarantees.

Meeting of the California Water Commission - March 16, 2022

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