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[00:00:02]

>> YOU THREW ME A MINUTE. I MIGHT DO IT.

>> WELL, HELLO, AND WELCOME TO THE SEPTEMBER 11TH MEETING OF THE MERCED SUBBASIN GSA.

[1. CALL TO ORDER/ROLL CALL]

THE MEETING IS CALLED TO ORDER. WOULD YOU PLEASE CALL THE ROLL?

>> BOARD MEMBER GALLO.

>> HERE.

>> BOARD MEMBER PARK?

>> HERE.

>> BOARD MEMBER GM PAULY?

>> HERE.

>> BOARD MEMBER KELLY?

>> HERE.

>> VICE CHAIRMAN MARTINI.

>> HERE.

>> CHAIRMAN PEREIRA.

>> PRESENT.

>> MR. CHERRY, OF THE QUORUM.

> THANK YOU VERY MUCH. ITEM NUMBER 2 IS CLOSED SESSION.

[2. CLOSED SESSION]

WE HAVE A CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION, AND I WILL OPEN UP PUBLIC COMMENT FOR CLOSED SESSION ITEMS. SEEING NONE. I'LL CLOSE PUBLIC COMMENT, AND WE WILL ADJOURN INTO CLOSED SESSION. DOUBLE CHECKED.

HELLO, EVERYBODY, AND WELCOME TO THE SEPTEMBER 11TH MEETING OF THE MERCED SUBBASIN GSA.

WE HAD A CLOSED SESSION AT 1:00 O'CLOCK, AND STAFF WAS GIVEN DIRECTION.

WE DID THE ROLL CALL ALREADY.

WE HAVE A QUORUM.

NOW, IF YOU WOULD JOIN ME IN THE PLEDGE, WOULD YOU PLEASE LEAD US?

>>

>> THANK YOU. NOW WE'LL MOVE TO ITEM 4, WHICH IS PUBLIC COMMENT.

[4. PUBLIC COMMENT PERIOD]

THIS IS THE PUBLIC'S OPPORTUNITY TO SPEAK ON ANY MATTER OF PUBLIC INTEREST WITHIN OUR BOARD'S JURISDICTION, INCLUDING ITEMS ON THE BOARD'S AGENDA.

TESTIMONY IS LIMITED TO THREE MINUTES, AND I WILL ALSO DO A PUBLIC COMMENT AT EACH AGENDA ITEM.

IS THERE ANY PUBLIC COMMENT?

>> YES.

>> JUST COME UP TO THE PODIUM. [BACKGROUND]

>> GOOD AFTERNOON, AUDIENCE, BOARD.

MY NAME IS ANTHONY ROGERIO.

I GUESS SOMEONE HAS SOME INTERESTING THINGS, TOO.

I'LL TRY TO MAKE IT THREE MINUTES QUICK.

I WANT YOU TO LOOK AT SOME THINGS.

IN 78, WE HAD RALPH, WELL, 74, 75, 76, 77, YOU KNOW WHEN WE WERE ALLOWED, WE'RE PART OF MID NOW, AND WE WANTED TO GO 1,000 FEET.

THE WELL HAD TO BE A 20-YEAR FINANCING, NO INTEREST, GOOD DEAL FOR US BECAUSE OUR WELLS WERE FAILING THEN.

I HAD ONE FAILED.

THE GUY CAME FROM TEXAS.

HE HEARD ABOUT THIS PROGRAM.

WELL, HE STARTED IN THERE AND HAD TO BE DONE BY THE END OF JANUARY TO GET THE PROGRAM.

HE GOT INTO WHAT HE THOUGHT WAS SHALE AT 700 AND STAYED SHALE WITH SOME BLUE, WEIRD SAND.

AT 810 FEET, HE COULDN'T PENETRATE WHATEVER WAS DOWN THERE ON OUR RANCH ON ROOSEVELT ROAD.

GINO PEDRETTI WENT 1,200 FEET.

THAT WENT ON AND ALL THAT.

I HAD A NEW TENANT WHERE DID ALMONDS AND PROBABLY KNOW DOUG BRUNER.

BUT WHAT I'M GETTING IT IS NOW IT HAS BEEN TESTED, NOT TESTED.

I'VE GOT MAGNETIC MATERIAL THAT WON'T REACT.

I'D LIKE TO SHOW YOU MAYBE AFTER YOU COULD TAKE A LOOK AT WHAT I HAVE HERE, SAMPLES.

FUSION CRUST, KELP AND SEAWEED, PLUGGING AND DOING ALL KINDS OF OTHER CRAZY THINGS, TEARING UP THE BOWLS WITH A MAGNETIC FIELD.

I WENT TO AI, JUST TOLD THEM ALL THAT.

THEY SAID, THAT'S AN ASTRIDE. ONE OF A KIND.

I PROBABLY HIT HERE DURING THE JURASSIC PERIOD.

WHEN MID CAME OUT TO MEASURE THE WELL AND SAID, THIS IS WHAT MIGHT BE.

THEY SAID, THERE'S NO WATER IN THAT MYSTERY WELL, NO WATER.

IT WAS OCTOBER 8 OF LAST YEAR.

I TOLD THE GUY, YOU PULLED EVERYTHING OUT.

LET ME START THIS BABY UP.

IT'S GOING TO [INAUDIBLE] 150 HORSES, AND WE'VE HAD BOWLS TWICE TORN.

WE TOOK PICTURES OF WEIRD ALGAE IN THERE, AND HERE COMES THIS WATER.

SMELLS BLACK. I SAID, I GUESS YOU'RE RIGHT. THAT ISN'T WATER.

LET'S GO TO THE OTHER WELL THAT HAD ON OUR RANCH, 01,400 FEET AWAY, THAT COLLAPSED WHEN WE DEVELOPED IT.

THE SENSOR WORKED AND FOUND WATER.

IT WAS AT 68.5 FEET, BELIEVE IT OR NOT, OCTOBER 8.

[00:05:02]

WE USE THAT WELL WITH NO WATER TO IRRIGATE [INAUDIBLE].

MY TENANT PLANTED ANOTHER 75 ACRES.

I'LL MAKE THIS QUICK. I KNOW I'M GETTING CLOSE TO THREE MINUTES.

>> TEN SECONDS.

>> REAL QUICK. WE IRRIGATE IT EIGHT TIMES BECAUSE IT WAS DRY, BARE ROOT.

RIGHT NOW, THEY'RE 13 FOOT TALL WITH THE WELL WITH NO WATER.I'D SHOW YOU THE MATERIAL [INAUDIBLE]

>>THANKS.

>> ANYONE ELSE? DOESN'T HAVE TO JUST BE ABOUT ASTEROIDS.

IT COULD BE ABOUT ANYTHING. THANK YOU.

I'LL CLOSE PUBLIC COMMENT.

>> [INAUDIBLE] I WANT TO KNOW THAT. I'LL TALK TO YOU LATER.

>> WE'LL MOVE TO ITEM 5,

[5. CONSENT CALENDAR]

THE CONSENT CALENDAR HAS THE MEETING MINUTES AND THE PAYMENT OF INVOICES, AND THERE ARE SEVERAL INVOICES THAT CAME IN AFTER THE AGENDA.

THEY'RE THERE AS WELL.

DOES ANYBODY HAVE ANY QUESTIONS OR CORRECTIONS TO THE MINUTES.

TO THE INVOICES? NO. WHAT IS THE PLEASURE OF THE BOARD?

>> I MOVE TO APPROVE THE CONSENT CALENDAR.

>> THANK YOU.

>> I'LL SECOND THAT.

>> WE HAVE A MOTION BY DIRECTOR GALLO, A SECOND BY DIRECTOR MARTINI.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

>> AYE.

>> ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

WE'LL MOVE TO ITEM 6.

[6. MULTIBENEFIT LAND REPURPOSING PROGRAM]

THE MULTI BENEFIT LAND REPURPOSING PROGRAM.

WE HAVE REN FROM VALLECA. GOOD AFTERNOON.

>> GOOD AFTERNOON. THANKS, BOARD FOR HAVING ME TODAY.

I SEE THAT IT'S A FULL AGENDA, BUT WE HAVE A COUPLE OF THINGS WE NEED TO CATCH UP ON.

I'M GOING TO GO THROUGH TODAY'S SLIDE DECK AS QUICKLY AS POSSIBLE FOR THE SAKE OF TIME MANAGEMENT.

JUST CLICK. AGAIN, CLICK.

EXCELLENT. I FIRST, AGAIN, I KNOW FOLKS HAVE SEEN THIS MULTIPLE TIMES, BUT I'M JUST GOING TO REMIND US HOW THESE PROJECTS HAVE COME THROUGH MLRP TO DATE AS WE HAVE POTENTIALLY AN APPROVAL OF CONTRACT TODAY.

FOR THE SAKE OF THE BOARD AND FOR THE SAKE OF THE PUBLIC, PROJECTS THAT COME THROUGH THE MLRP PROGRAM, AND I APOLOGIZE, THIS IS A FAINT LASER.

BUT PROJECTS THAT COME THROUGH THE MLRP PROJECT GO THROUGH AN INITIAL ELIGIBILITY SCORING.

THEY GO THROUGH A TECHNICAL REVIEW BY ASSIGNED MLRP PARTNERS.

THEN THEY GO THROUGH A SUBCOMMITTEE OF THIS BOARD TO ENSURE THAT THOSE PROJECTS MEET THE PROGRAM REQUIREMENTS AND THEY RANK THEM.

THEN THESE PROJECTS GO TO STAKEHOLDER REVIEW TO A STAKEHOLDER ADVISORY COMMITTEE.

THEN THEY GET BOARD APPROVAL HERE BEFORE GOING TO THE DEPARTMENT OF CONSERVATION, THEN THEY COME BACK FOR CONTRACT, SO LOTS OF STEPS WITHIN MLRP.

THIS IS JUST CONTEXTUALLY IMPORTANT BECAUSE WE HAVE TWO PROJECTS TO TALK ABOUT, ONE OF WHICH WE'RE HOPING FOR A BOARD ACTION.

THE TWO PROJECTS THAT WE'LL BE DISCUSSING TODAY ARE PROJECT 6, THE NEVADA RANCH PROJECT AND THE LAGRAND COMMUNITY PROJECT.

I THINK FOR THE SAKE OF BOARD ACTION, AND I'M GOING TO SPLIT THESE THINGS OUT.

FOR THE FIRST PROJECT, THE NEVADA RANCH PROJECT, WE'RE REQUESTING THAT THE BOARD TAKES ACTION TO APPROVE THE CONTRACT FOR THE LAND CONVERSION OR THE LAND REPURPOSING PROJECT AT THE NEVADA RANCH TO REPURPOSE THE PROJECT FROM 150 ACRES OF ALMONDS INTO NATIVE GRASSLAND, ALSO PUTTING ON THAT PROPERTY A 50 YEAR DEED RESTRICTION.

TO KEEP THAT PROPERTY IN NATIVE RANGE LAND.

THE TOTAL AMOUNT OF FUNDING REQUESTED UNDER THE MLRP PROGRAM TO THIS APPLICANT IS $1.2 BILLION TO AGAIN, TREAT 150 ACRES AND IMPINGE THAT PROPERTY FOR A PERIOD OF 50 YEARS.

WE NEED APPROVAL FROM THE BOARD TO ACCEPT THAT CONTRACT THAT'S PROVIDED.

>> WELL, WHY DON'T YOU JUST DO YOUR WHOLE PRESENTATION AND THEN WE USUALLY DO OUR ACTIONS AT THE END. EXCELLENT.

>> IF I COULD PAUSE JUST ONE SECOND IF YOU COULD RAISE THE PODIUM UP.

PEOPLE ONLINE ARE HAVING A HARD TIME HEARING YOU.

>> [INAUDIBLE]

>> I ALSO SPEAK OUT. THERE'S NO VOTE ON IT.

IT'S JUST INFORMATION. HOLD ON.

IF I MIGHT, GENIE, SINCE WE'RE TAKING INFORMATION ON THE LEGRAND COMMUNITY PROJECT, DOES DIRECTOR JIM PAUL NEED TO DO ANYTHING? DOES HE NEED TO LEAVE THE ROOM?

>> NO. JUST DISCUSSION.

[00:10:07]

>> [INAUDIBLE]

>> THANK YOU. THE SECOND PIECE, WHICH DOES NOT REQUIRE AN ACTION TODAY IS JUST AN UPDATE ON THE LAGRAND COMMUNITY PROJECT.

THE STATE OF THIS PROJECT IS THAT IT IS AT THE DEPARTMENT OF CONSERVATION FOR REVIEW.

I KNOW WE WENT OVER THAT PROJECT IN DETAIL OR MAYBE TWO MEETINGS AGO.

BUT THAT PROJECT IS CURRENTLY UNDER REVIEW BY THE DEPARTMENT OF CONSERVATION.

WE EXPECT TO HEAD IT BACK IN THIS SPACE FOR CONTRACTING BY THE NEXT BOARD MEETING.

YOU CAN EXPECT THAT TO BE AN ACTION FOR OCTOBER.

THE LAST ITEM REGARDING UPDATES ON THE MLRP PROGRAM IS JUST A REMINDER THAT THE MRP SOLICITATION IS OPEN.

WE HAVE A COUPLE OF INTERESTED APPLICANTS WE'RE EXPECTING TO HAVE I'M HOPING TO HAVE AT LEAST ONE, POTENTIALLY TWO GOOD APPLICANTS COME THROUGH THIS MONTH.

I SUSPECT THAT WILL RESULT IN THE CLOSING OF THE MLRP SOLICITATION FOR THIS ROUND AT THE UPCOMING BOARD MEETING, ASSUMING THOSE PROJECTS COME THROUGH.

A LAST CALL FOR THE PUBLIC, IF FOLKS ARE STILL INTERESTED IN THE PROGRAM, THERE IS SOME EXPECTED APPLICATIONS COMING IN THIS MONTH.

WITH THAT, I THINK THAT'S IT FOR PERTINENT UPDATES FOR THE BOARD.

I WOULD AGAIN, PROPOSE ACTION TO ACCEPT THE AGREEMEN FOR PROJECT 6, THE NEVADA RANCH PROJECT.

>> DOES ANYBODY HAVE ANY QUESTIONS FOR REN? SEEING NONE. I'LL OPEN UP FOR PUBLIC COMMENT AT THIS TIME.

I SEE NONE OF. IS THERE ANY ONLINE?

>> NONE ONLINE.

>> WHAT'S THE PLEASURE OF THE BOARD?

>> I'LL MAKE A MOTION. WE APPROVE THE NEVADA RANCH RESTORATION PROJECT.

>> I'LL SECOND THEN.

>> WE HAVE A MOTION BY DIRECTOR KELLY AND A SECOND BY DIRECTOR MARTINI.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

>> AYE.

>> ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

THANK YOU, REN. APPRECIATE IT.

NOW WE'LL MOVE ON TO ITEM 7.

[7. BOARD APPEAL OF FINAL AGENCY STAFF DENIAL OF INCORRECT ASSESSOR OFFICE LAND USE CLASSIFICATION APPEAL]

THIS IS THE BOARD APPEAL OF FINAL AGENCY STAFF DENIAL OF INCORRECT ASSESSOR OFFICE LAND USE CLASSIFICATION APPEAL.

THE APPELLANT IS BURKE CRANE ORCHARDS, LP.

THE APN NUMBERS ARE APN 05200150011 AND 052070010.

FOR THE AUDIENCE. WE HAD A PUBLIC HEARING ON THIS ITEM AT OUR LAST BOARD MEETING, AND THE DECISION WAS TABLED UNTIL THIS MEETING.

DOES ANY OF THE BOARD MEMBERS HAVE COMMENT OR QUESTION? NO. IF NOT, THEN I'LL OPEN UP FOR A PUBLIC COMMENT.

>> GOOD AFTERNOON, BOARD, BEN CRANE.

USE THE POINTER HERE. THERE SHOULD BE A SLIDE.

AWESOME. JUST A LITTLE REFRESHER FOR THE BOARD AND THE AUDIENCE.

WHAT YOU'RE SEEING HERE IS AN IRRIGATION MAP IN PREPARATION TO PLANT OUR APPEAL THE LOTS THAT WE'RE APPEALING TODAY.

THE BLUE LINE SHOWS AN IRRIGATION PIPELINE THAT TERMINATES JUST SHORT OF THE TWO APPEAL LINES IN PREPARATION TO PLANT.

THE RED LINE SHOWS MID POINTS OF DIVERSION INTO OUR RESERVOIR.

YELLOW LINES REPRESENT PUMPS FILLING THE RESERVOIR, SO WE CAN PUMP OUT TO ALL OF OUR BLOCKS OUT OF ONE CENTRAL PUMPING LOCATION.

LIKE I SAID, IT GOES DOWN INTO HERE.

IN THE LAST MEETING, WE TOUCHED ON WORK BEING DONE IN THE FIELD FOR OUR CROP INFRASTRUCTURE.

WHAT YOU'RE LOOKING AT HERE IS THE BLUE WETLANDS OR THE VERNAL POOLS AND WETLANDS SWALE 404 HERE.

YOU SEE THE OUTLINE THAT MATCHES WHAT WE PREVIOUSLY SUBMITTED IN OUR PACKET.

[00:15:07]

WHAT THAT LINE HERE IS DISKING AROUND THESE VERNAL POOLS AND 404S.

WE ARE IN THE FIELD. WE ARE ACTUALLY ETCHING IT OUT IN THE FIELD.

WHEN WE DO BRING D11 IN, THEY JUST DON'T RIP RIGHT THROUGH THEM AND WE GET IN TROUBLE.

YOU CAN SEE TIRE TRACKS OUT THERE, AND THIS IS OFF FROM GOOGLE EARTH IN 2021 ALL THE WAY TO PRESENT DAY.

THIS HAS BEEN GOING ON FOR A LONG TIME IN PREPARATION TO PLANT THIS.

RUNNING OUT OF TIME, SO THANK YOU.

>> HI. GOOD AFTERNOON.

LAUREN LAYNE, BAKER MANOCK & JENSEN ON BEHALF OF BURKE CRANE ORCHARDS.

THE REASON WE WANTED TO POINT THESE OUT AND LACY, IF YOU COULD GO TO THE NEXT MAP, IT'S A LITTLE MORE SHOWS A LITTLE BIT CLEAR.

THE BLUE IS ACTUALLY DRAWINGS, BUT THE REST OF IT ISN'T.

THAT'S FROM GOOGLE EARTH IMAGERY.

THAT'S SHOWING YOU THE WORK THAT'S BEING DONE OUT HERE THAT HAS BEEN DONE ALONG WITH THE WETLAND DELINEATION.

IN AN EFFORT TO GET THIS GROUND READY TO FARM.

UNDER THE RULES THAT THE GSA CREATED BACK IN OCTOBER OF 2024, WHICH IS THE RULE THAT WE'RE DISCUSSING HERE TODAY, NOT THE ONE YOU JUST DID A FEW MONTHS AGO, BUT BACK IN OCTOBER, THE OWNER CAN SUBMIT THE FORMS TO APPEAL THE DESIGNATION THAT WAS INITIALLY STATED FOR THIS PROPERTY BY SHOWING SIGNIFICANT CROP AND OR IRRIGATION INFRASTRUCTURE WAS INSTALLED PRIOR TO OCTOBER 10 OF 2024.

DOING THE WETLAND DELINEATION, DOING THE DISKING IN THE AREA IS JUST SHOWING YOU THE PRACTICAL APPLICATION THAT ANY OF US WHO FARM WOULD DO TO PREP THAT GROUND TO BE PLANTED.

THAT'S WHAT'S BEFORE YOU TODAY.

I KNOW YOU HAD A LOT OF DISCUSSION LAST MEETING.

I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE, BUT JUST EMPHASIZING THE PRACTICAL COMPONENT HERE AND THE APPLICATION TO THE RULE THAT YOU SET.

NOW, I UNDERSTAND YOU CHANGED THAT RULE EARLIER THIS YEAR, BUT WE'RE BACK UNDER THE TERMS OF THE RULE IN OCTOBER, WHICH DIDN'T REQUIRE IRRIGATION WITH GROUNDWATER.

THAT WAS SOMETHING YOU COULD DO. IT WAS AN OPTION.

IT REQUIRED THE SIGNIFICANT CROP AND OR IRRIGATION INFRASTRUCTURE BEING INSTALLED.

THAT'S WHAT'S BEING SHOWN HERE, AND THAT'S THE DOCUMENTATION THAT'S BEEN PROVIDED TO YOU.

I DON'T KNOW THAT IT WAS IN THE PACKET TODAY, BUT I THINK YOU RECEIVED IT ALL AT THE LAST MEETING, BUT HAPPY TO ANSWER ANY QUESTIONS ON THAT.

THEN JUST MOVING FORWARD WITH THIS GSA, IT'S BEEN REALLY PROACTIVE IN ITS DEVELOPMENT OF GETTING ALLOCATIONS READY AND WORKING ON SUSTAINABILITY IN THE SUB BASIN, WHICH IS WONDERFUL, IT'S GREAT FOR THE MERCED SUBBASIN.

THAT'S WHY YOU ARE WHERE YOU ARE WITH THE STATE WATER BOARD AND THE DEPARTMENT OF WATER RESOURCES.

SOME OF THOSE GUIDING PRINCIPLES THAT YOU SET WITH REGARD TO THIS GSA, I THINK ARE IMPORTANT TO NOTE HERE ON SUPPORTING FLEXIBILITY IN DESIGNING POLICIES TO ENABLE WATER USERS TO ADAPT THEIR OPERATIONS AS BEST FUNCTIONS FOR THEIR CIRCUMSTANCES AND COMPLYING WITH THOSE RULES AND REGULATIONS THAT YOU YOURSELF SET.

THAT'S TRULY WHAT BURKE CRANE ORCHARDS WAS TRYING TO DO HERE, COMPLY WITH THE RULES THAT YOU SET.

WITH THAT, WE HOPE YOU WILL CONSIDER THIS APPEAL AND CHANGING THE LAND USE DESIGNATION AS WAS INITIALLY, STATED BY STAFF.

BUT HAPPY TO ANSWER ANY QUESTIONS IF YOU HAVE THEM.

>> THIS IS PUBLIC COMMENT NOT QUESTION AND ANSWER.

>> YES. THANK YOU, MR. CHAIRMAN.

>> YOU'RE WELCOME. I'LL JUST MAKE A QUICK COMMENT FOR THE PUBLIC.

THAT THE HEARING FOR THIS APPEAL WAS AT OUR LAST BOARD MEETING.

THIS IS JUST PUBLIC COMMENT.

THIS IS NOT IN THE RECORD OF THE APPEAL, JUST SO THAT IN THE FUTURE, IF WE GET APPEALS, I DON'T WANT PEOPLE TO MISUNDERSTAND THE PROCESS.

THANK YOU. I'LL BRING IT BACK.

WAS THERE ANY OTHER PUBLIC COMMENT? ANY ONLINE?

>> NOT SEEING ANY ONLINE.

>> THANK YOU. I'LL CLOSE PUBLIC COMMENT.

WHAT'S THE PLEASURE OF THE BOARD?

>> I'LL MAKE A MOTION THAT WE UPHOLD THE STAFF DECISION.

>> IS THERE A SECOND?

>> SECOND.

>> I HAVE A MOTION BY DIRECTOR MARTINI AND A SECOND BY DIRECTOR PARK.

ALL THOSE IN FAVOR OF UPHOLDING STAFF DECISION. PLEASE SAY EYE?

>> AYE.

>> AYE.

>> ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

WE'LL MOVE ON TO ITEM 8,

[8. BOARD APPEAL OF FINAL AGENCY STAFF DENIAL OF INCORRECT ASSESSOR OFFICE LAND USE CLASSIFICATION APPEAL]

WHICH IS BOARD APPEAL OF FINAL AGENCY STAFF DENIAL OF INCORRECT ASSESSOR OFFICE LAND USE CLASSIFICATION APPEAL.

APPELLANT IS CRANE NANCY M TRUSTEE.

[00:20:03]

APN NUMBERS ARE 052010-008, 052020, 046, 052, 050, 041, AND THE FINAL PARCEL IS 052060022.

IS THERE ANY COMMENT BY THE BOARD BEFORE I GO TO PUBLIC COMMENT? SEEING NONE. I'LL OPEN UP FOR A PUBLIC COMMENT.

>> HELLO AGAIN. LAUREN LAYNE, BAKER MANOCK & JENSEN.

LACY, CAN WE GO TO THE NEXT SLIDE, PLEASE? JUST A REFRESHER.

THIS IS THE PROPERTY THAT WE ARE TALKING ABOUT FOR NANCY CRANE AS THE TRUSTEE.

AS YOU CAN SEE THE POINT WHERE THE YELLOW PIN IS IS WHERE THE INFRASTRUCTURE IS, AND IF YOU CAN GO TO THE NEXT SLIDE, LACY.

ALL THE PROPERTY IN ORANGEISH RED AROUND IT HAS BEEN DESIGNATED IRRIGATED LAND, AND WE ARE TALKING ABOUT THE PROPERTY.

I DON'T KNOW IF THIS POINTER WILL WORK.

MAYBE MAYBE NOT. RIGHT IN THE MIDDLE.

I'M PROBABLY NOT DOING IT RIGHT. WELL, ANYWAY.

>> IT WORKED. IT STARTED WORKING AT THE END.

>> THERE WE GO. THE PROPERTY RIGHT HERE.

WE'RE LOOKING AT THE PUMP RIGHT HERE.

THIS PUMP WAS ACTUALLY INSTALLED, SO THERE WAS SIGNIFICANT INFRASTRUCTURE INSTALLED PURSUANT TO YOUR ADOPTED RULES AND REGULATIONS.

THE INFRASTRUCTURE WAS INSTALLED AT A CORNER PIECE OF THE PROPERTY.

OF THE FOUR PARCELS, IT WAS EASY TO IRRIGATE ALL THE REMAINDER OF THE PROPERTY.

AS WE ALL KNOW, FOR ONCE AGAIN, THOSE OF US WHO FARM, YOU DON'T HAVE TO PUT INFRASTRUCTURE ON EVERY SINGLE APN.

THAT WOULD BE SILLY, MOST OF THE TIME.

YOU PUT IT IN THE MOST CONVENIENT SPOT THAT MAKES THE MOST SENSE FOR YOUR FARMING OPERATION.

THERE'S PIPELINE THAT WAS ALREADY PURCHASED AND READY TO GO, OBVIOUSLY NOT LAID OUT YET BECAUSE IT WASN'T THE RIGHT TIME OF YEAR TO HAVE IT OUT.

THERE WAS CATTLE OUT ON THE GROUND GRAZING.

WE WEREN'T GOING TO PUT OUT PIPE THAT THE CATTLE WERE GOING TO KNOCK UP AND DAMAGE.

VERY SIMILAR. IF YOU'RE GOING TO PUT DRIP TAPE OR ANYTHING ELSE FOR THOSE OF YOU THAT FARM, YOU KNOW HOW THAT WORKS.

THAT'S WHY THE PIPE WASN'T INSTALLED YET, BUT OBVIOUSLY WAS PURCHASED.

ALL THE ELECTRICAL PIECE IS PURCHASED.

I THINK IT'S VERY EVIDENT THAT IT WAS SIGNIFICANT INFRASTRUCTURE ALREADY INSTALLED IN PLACE.

ONCE AGAIN, FROM THIS RULE, IT'S SIGNIFICANT CROP AND OR IRRIGATION INFRASTRUCTURE PRIOR TO OCTOBER, 10. THIS PARTICULAR LAND OWNER DID EVERYTHING THEY COULD TO MAKE SURE THEY WERE COMPLYING WITH THE GSA'S RULES AND REGULATIONS AND SPENT A SIGNIFICANT AMOUNT OF FUNDS TO MAKE SURE THAT THEY WERE IN COMPLIANCE WITH THE GSA'S RULES AND REGULATIONS FOR IDENTIFYING HOW THEY CAN SHOW THAT THEIR CROP LAND OR THEIR LAND IS GOING TO BE IRRIGATED IN THIS PARTICULAR MANNER IN COMPLIANCE WITH THE GSA'S RULES AND REGULATIONS.

THIS ONE, I THINK IS FAIRLY CLEAR WITH REGARD TO MEETING THE REQUIREMENT.

NOW, LIKE I SAID, YOU HAVE CHANGED YOUR RULE SINCE THAT TIME, BUT WE'RE GOING BACK TO THE OCTOBER RULE.

WITH THAT, WE WOULD REQUEST THAT YOU GRANT THE APPEAL AND MAKE THE DETERMINATION THAT THIS PROPERTY IS IRRIGATED AGRICULTURE FOR THE APPROPRIATE ALLOCATION FOR THE WATER RIGHTS FOR THE PROPERTY THAT SHOULD BE OTHERWISE ALLOCATED TO IT. THANK YOU.

>> YOU'RE WELCOME. THANK YOU.

ANY OTHER PUBLIC COMMENT? NO. ANY ONLINE?

>> NONE ONLINE.

>> THANK YOU ALL, BRING IT BACK TO THE BOARD.

WHAT'S YOUR PLEASURE? I'LL MOVE TO UPHOLD THE STAFF DECISION. IS THERE A SECOND?

>> I'LL SECOND IT.

>> IT HAS BEEN MOVED BY DIRECTOR PARK AND SECONDED BY DIRECTOR KELLY.

ALL THOSE IN FAVOR OF UPHOLDING STAFF'S DECISION.

PLEASE SIGNIFY BY SAYING AYE.

>> AYE.

>> ANY OPPOSED? MOTION CARRIES UNANIMOUSLY, 60.

WE'LL MOVE ON TO ITEM 9,

[9. LAND REPURPOSING PROGRAM]

WHICH IS LAND REPURPOSING PROGRAM.

DO WE HAVE CHRIS ONLINE? CHRIS HEPPNER IS WITH EKI.

>> I'M NOT SURE IF THERE'S GOING TO BE A RECITAL OF THE STAFF REPORT OR NOT, BUT I'M PREPARED TO JUMP RIGHT IN IF YOU'D LIKE ME TO.

>> JUMP RIGHT IN.

>> AM I SHARING THE SCREEN?

>> WE DON'T SEE IT YET. I DON'T SEE IT YET.

WE SEE YOUR BEAUTIFUL PICTURE, BUT THAT'S IT.

>> ONE SECOND.

TODAY, I'LL BE TALKING ABOUT RESULTS FROM THE PHASE 1 LANDER PURPASING PROGRAM,

[00:25:05]

SPECIFICALLY TALKING ABOUT THE MONITORING THAT WE HAVE SEEN THROUGH THE THIRD QUARTER OF YEAR 2025, WHICH IS THROUGH JUNE 2025, AND HOW THIS RELATES TO COMPLIANCE FOR THE LAND OF PURCHASING AGREEMENTS.

AS WE IMPLEMENT THIS PROGRAM, ONE THING THAT WE DO IS WE GENERATE QUARTERLY WATER USE REPORTS, AND IN THE REPORTS THAT WERE GENERATED THROUGH JUNE 2025 FOR THE THIRD QUARTER OF WATER YEAR 2025.

WE'VE SEEN THAT OUT OF THE 14 TOTAL LRP PARTICIPANTS, NINE ARE COMING UP AS HAVING OUT OF COMPLIANT LEVELS OF CONSUMPTIVE USE OF GROUNDWATER.

THAT IS TO SAY, CONSUMPTIVE USE OF GROUNDWATER THAT EXCEEDS THAT WHICH IS ALLOWED IN THEIR AGREEMENTS.

THE OTHER FIVE ARE IN COMPLIANCE, AT LEAST AT THE POINT OF JUNE 2025.

WE ARE SEEING THAT CONSUMPTIVE USE OF GROUNDWATER IS GOING DOWN SINCE LAND PURPOSING HAS BEEN IMPLEMENTED IN ALL CASES, EXCEPT FOR ONE.

THE THINGS ARE MOVING IN THE RIGHT DIRECTION, BUT WE ARE STILL FACED WITH LEVELS OF CONSUMPTIVE USE OF GROUNDWATER THAT EXCEED THAT WHICH IS ALLOWED IN THE AGREEMENTS.

THIS OUT OF COMPLIANCE COULD BE DUE TO A NUMBER OF DIFFERENT FACTORS.

I'LL TALK IN A LITTLE BIT MORE DETAIL AS WE MOVE THROUGH SOME SLIDES.

I'LL SHOW YOU SOME GRAPHICS AS WELL.

ONE FACTOR COULD BE THAT IN SOME CASES, ORCHARD CROPS WERE LEFT IN PLACE, EVEN, WITH CESSATION OF IRRIGATION, AND THAT MAY BE CAUSING SOME CONTINUING EVE TRANSPIRATION AND DETECTED GROUNDWATER USE OR DETECTED WATER USE.

WE ALSO MAY BE FACED WITH A SITUATION WHERE THE CONSUMPTIVE USE OF GROUNDWATER PRIOR TO ENTERING THE LRP WAS RELATIVELY LOW, IN WHICH CASE, THERE'S, NOT MUCH OPPORTUNITY TO REDUCE IT A GREAT DEAL FURTHER.

WE'LL SEE SOME CASES WHERE THAT MIGHT BE CONTRIBUTING TO OUT OF COMPLIANCE.

THEN AS WE'VE SEEN IN THE PAST IN THE PAST COUPLE OF YEARS, ACTUALLY, THE ET SIGNAL FROM REPURPOSED LANDS, EVEN WHEN SUBTRACTING OUT PRECIPITATION TO THE MAXIMUM DEGREE POSSIBLE.

IT STILL SHOWS SOME ET GREATER THAN WHAT WE EXPECT, AND THIS COULD BE DUE TO CARRY OVER SOIL MOISTURE STORAGE, COULD BE DUE TO VEGETATION THAT'S LEFT IN PLACE TAPPING INTO SOME SHALLOW GROUNDWATER.

WE REALLY DON'T KNOW EXACTLY WHY, BUT THIS IS A PROBLEM OR AN ISSUE THAT'S COME UP IN PAST YEARS AS WELL.

HERE'S A GRAPH SHOWING TWO DIFFERENT COLORS OF BARS.

EACH PAIR OF BARS IS FOR A SINGLE LAND RE PURPOSING AGREEMENT, AND YOU CAN SEE THE DARK BLUE AS THE PRE LRP CONDITION OF CONSUMPTIVE USE OF GROUNDWATER AND ORANGE IS THE POST LRP.

YOU CAN SEE THAT IN MOST CASES, WHAT STARTS OUT AS A RELATIVELY HIGH AMOUNT OF CONSUMPTIVE USE OF GROUNDWATER IS DEFINITELY DROPPING DOWN, THE ORANGE BAR IN MOST CASES, IN FACT, ALL BUT ONE CASE IS LOWER THAN THE BLUE BAR.

AGAIN, THINGS ARE MOVING IN THE RIGHT DIRECTION.

JUST NOT AS MUCH OF A REDUCTION IN GROUNDWATER USE AS WE WOULD HAVE EXPECTED.

THIS TABLE SHOWS THINGS IN A NUMERICAL SENSE.

WE HAVE ROWS FOR EACH OF THE PARTICIPANTS COLOR CODED TO SHOW WHICH ONES ARE IN COMPLIANCE THAT ARE GREEN, AND WHICH ONES ARE OUT OF COMPLIANCE IN RED.

WE HAVE THE PRE AND POST CONSUMPTIVE USE OF GROUNDWATER AND THE AMOUNT THAT THAT'S CHANGED FROM PRE TO POST.

THAT'S REALLY JUST THE SAME INFORMATION THAT WAS PRESENTED ON THAT BAR CHART.

THEN, SOME NOTES ABOUT LAND USE THAT MAY BE CONTRIBUTING TO, SOME OF THE OUT OF COMPLIANCE SITUATIONS THAT WE'RE SEEING.

IN SOME CASES WHERE TREES WERE LEFT STANDING AND THEN, LATER PULLED.

THESE GRAPHS HERE TWO SETS OF TWO SLIDES WORTH OF GRAPHS THAT LOOK LIKE THIS, AND I'LL JUST TELL YOU WHAT WE'RE LOOKING AT.

AGAIN, THAT THE BLUE IS

[00:30:02]

PRE LAND REPURPOSING PROGRAM AND THE ORANGE IS POST LAND REPURPOSING PROGRAM.

THESE ARE MONTHLY AVERAGES FOR THAT CONSUMPTIVE USE OF GROUNDWATER.

AGAIN, WE IN ALL CASES, WE SEE THIS SEASONAL TREND WHERE CONSUMPTIOUS OF GROUNDWATER IS GREATEST IN THE SUMMERTIME AND THE SUMMER MONTHS.

WE ARE SEEING A CHANGE FROM PRE TO POST CONDITIONS IN ALMOST ALL CASES, WITH THE ORANGE TRAPS BEING BELOW THE BLUE TRACE.

THIS IS FOR ALL THE YEAR ONE PARTICIPANTS.

YOU CAN SEE THAT, SEVEN OUT OF EIGHT OF THEM, EVEN THOUGH THEY ARE SHOWING YOU THIS DECLINE IN CONSUMPTIOUS OF GROUNDWATER, THEY ARE TECHNICALLY, NOT COMPLY NOT IN COMPLIANCE WITH THE NUMBERS IN THE AGREEMENT.

THIS EIGHTH ONE HERE IS IN FACT IN COMPLIANCE.

THEN HERE ARE THE GRAPHS FOR THE YEAR TWO PARTICIPANTS, THOSE ARE IN THE TOP ROW AND THE YEAR THREE PARTICIPANTS IN THE BOTTOM ROW.

YEAR 3, WE HAVE ACTUALLY A PARTIAL YEAR.

THIS IS THE FIRST YEAR IN THE PROGRAM, SO WE DON'T ACTUALLY HAVE THE NUMBERS FOR THE LAST QUARTER OF THIS FIRST YEAR, THE PROGRAM FOR THEM.

BUT AGAIN, YOU CAN SEE THE TREND OF THINGS ARE GOING DOWN.

AS I MENTIONED, RIGHT TO IT, WE DO SEE SOME PATTERNS IN THE SEASONALITY OF THIS CONSUMPTIVE USE OF GROUNDWATER, WHEREAS BEFORE LRP, MOST OFTEN THE PEAK MONTH WOULD BE JULY.

A FEW PEAKED IN JUNE AND ONE PEAKED IN AUGUST, BUT YOU REALLY PRETTY MUCH CENTERED AROUND THAT JULY TIME FRAME.

THEN AFTER LATER PURCHASING, WE'RE SEEING THAT IN MOST CASES, THAT PEAK MONTH HAS SHIFTED.

TO BE EARLIER IN THE YEAR, TYPICALLY MAY.

SHIFTING TO AN EARLIER MONTH, IS MORE INDICATIVE OF ET COMING FROM PRECIPITATION AND NOT FROM APPLIED WATER.

AGAIN, WE DO SEE A REDUCTION IN TOTAL ET AND IN CONSUMPTIVE USE OF GROUND WATER.

THE PATTERNS ARE MOVING IN THE RIGHT DIRECTION, ALTHOUGH THE REDUCTIONS ARE NOT AS GREAT AS THOSE THAT WERE INCORPORATED INTO THE LRP AGREEMENTS.

>> THIS IS A SITUATION THAT HAS OCCURRED IN PAST YEARS OF THE LRP PROGRAM.

THIS IS NOT A NEW OCCURRENCE, BUT IT IS CONTINUING EVEN FOR AGREEMENTS THAT HAVE BEEN IN EFFECT FOR A FEW YEARS NOW.

BUT THERE IS A PROVISION IN THE LRP AGREEMENTS, PARAGRAPH 5.4, THAT DOES ALLOW THE GSA TO TAKE ACTION TO WAIVE THE MINIMUM WATER USE REDUCTION REQUIREMENTS IN THE EVENT OF ANY TECHNICAL ISSUES WITH WATER USE MONITORING, INCLUDING BUT NOT LIMITED TO YEARS OF EXCESSIVE PRECIPITATION.

IN THE FIRST YEAR OF THE PROGRAM, WE WERE FACED WITH AN EXTRAORDINARILY WET YEAR, IT WAS DETERMINED THAT THIS EXCESS PRECIPITATION MAY HAVE BEEN ONE OF THE REASONS THAT WE'RE SEEING HIGHER WATER USE THAN EXPECTED.

I CAN'T NECESSARILY SAY THAT 2025 HAS BEEN EXCESSIVELY WET.

IT'S MORE ON AN AVERAGE LEVEL.

BUT REGARDLESS, THE PROVISION PARAGRAPH 5.4 ALLOWS FOR THE GSA TO TAKE ACTION TO WAIVE THAT WATER USE REQUIREMENT, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO EXCESS PRECIPITATION.

MAKING A DETERMINATION TO DO SUCH A WAIVER TO GRANT A WAIVER, THE GSA CAN CONSIDER ANY AND ALL INFORMATION THAT IT DEEMS RELEVANT, INCLUDING BUT NOT LIMITED TO DOCUMENTATION OF CESSATION OF IRRIGATION THROUGH PHOTOS, EVAPOTRANSPIRATION MONITORING, SITE VISITS AND OR WRITTEN ATTESTATIONS BY THE PARTICIPANT.

THE QUESTION BEFORE THE BOARD TODAY IS, IF YOU WOULD BE LOOKING TO IMPLEMENT THIS WAIVER, THIS PARAGRAPH 5.4 PROVISION, IF SO, WOULD YOU DIRECT THE STAFF TO CONDUCT SITE VISITS AND COLLECT WRITTEN ATTESTATIONS BY EACH PARTICIPANT, IN MAKING THAT DETERMINATION.

THE STAFF REPORT FOR THIS AGENDA ITEM DOES INCLUDE A RECOMMENDATION TO GRANT THOSE WAIVERS AND TO COLLECT THOSE ATTESTATIONS AND PERFORM THE SITE VISITS.

[00:35:02]

BUT THAT IS THE QUESTION BEFORE THE BOARD TODAY.

>> THANK YOU. GO AHEAD, LACEY.

>> I JUST LIKE TO ADD JUST SOME CLARIFICATION THAT WHEN WE REFER TO THE AGREEMENTS AS BEING NOT IN COMPLIANCE, WE'RE REFERRING TO THE MONITORING DATA IS SHOWING THAT THE WATER USE IS NOT IN COMPLIANCE.

WE'RE NOT REFERRING TO ACTIONS BY THE AGREEMENT HOLDER.

WE'RE NOT IMPLYING THAT THE HOLDERS OF THE AGREEMENT ARE ACTUALLY APPLYING WATER.

WE ACTUALLY DON'T THINK THEY ARE, BUT I JUST WANTED TO MAKE THAT CLEAR THAT WHEN WE SAY NOT IN COMPLIANCE, WE DON'T MEAN THAT THEY'RE TAKING ACTIONS TO PUT THEM OUT OF COMPLIANCE, BUT THAT THE MONITORING IS SHOWING WATER USE THAT IS NOT MEETING OUR STRICT THRESHOLDS.

>> SURE. LACEY, I'LL ASK YOU, HOW MANY OF THE SITES DID YOU GO PHYSICALLY TO LOOK AT?

>> LAST YEAR, WE WENT TO ALL OF THEM.

THIS YEAR, I'VE ONLY MADE IT TO ONE, BUT I WILL GO TO ALL OF THEM THIS YEAR, AND I'VE REACHED OUT TO ALL OF THEM TO GET PERMISSION TO DO THOSE SITE VISITS AND ENTER THEIR PROPERTY.

>> YEAH. OKAY.

>> OKAY.

>> ANY QUESTIONS?

>> HOW MANY SITES WOULD NEED A WAIVER? IS ALL THE ONES IN YELLOW?

>> ALL OF THE ONES IN RED.

>> RED.

>> THAT CHRIS HAD ON THERE. IT WAS RIGHT NOW, IT'S NINE.

THAT WAS AS OF QUARTER THREE, THIRD QUARTER.

IT'S POSSIBLE THAT SOME OF THEM, IF THEY'RE VERY CLOSE IN FOURTH QUARTER AT THE RESULT OF THE FOURTH-QUARTER MONITORING, MIGHT TIP THEM OVER, BUT YOU CAN SEE MOST OF THEM THAT ARE IN GREEN, IT'S ALREADY FALLOW.

I DON'T KNOW IF THAT WOULD TIP OVER OR NOT IN THE FOURTH QUARTER.

>> JUST MY EXPERIENCE IS THAT, HAVING THE TREES LEFT ON SITE, THEY'RE GOING TO EXPIRE.

THEIR WATER OR THE ROOTS ARE PULLING WATER OUT OF THE GROUND MOISTURE.

THAT HINDSIGHT, SOMETHING WE PROBABLY SHOULD HAVE REQUIRED WAS THAT THE TREES BE REMOVED.

THEN THERE'S SEVERAL WHERE THERE WASN'T MUCH OF A DIFFERENCE IN THE PREVIOUS YEAR'S USAGE VERSUS THE CURRENT YEAR.

BUT THOSE LANDS WERE FOLLOWED, AND WE BASICALLY PAID THEM NOT TO REPLANT.

WE KNEW THE SAVINGS WASN'T GOING TO BE AS GREAT ON THOSE, ANYWAYS, THAT'S JUST MY THOUGHTS. ANYBODY ELSE?

>> I ACTUALLY HAVE A QUESTION 11, 12 AND 14, 15.

THE PRE AND POST SEEM TO BE VERY SIMILAR.

CAN YOU HELP US UNDERSTAND WHAT'S DIFFERENT ABOUT THAT? WHAT EXACTLY, BASICALLY, YOU'RE SAYING THE FIGS WERE LEFT STANDING.

WHY DOES THAT LOOK AS IF THERE WAS NO DIFFERENCE BETWEEN PRE AND POST? WHEREAS ON ALL THE OTHER ONES, YOU'RE SEEING A FAIRLY SIGNIFICANT DECLINE PRE AND POST.

>> I THINK THIS GRAPHIC HERE MAY HELP TO ANSWER THE QUESTION.

YOU CAN SEE THAT THESE THREE AGREEMENTS HERE THEY'RE IN A SIMILAR LOCATION ON THE EASTERN EDGE.

THEY STARTED OUT PRE-LRP WITH RELATIVELY LOW LEVELS OF CONSUMPTIVE USE OF GROUNDWATER.

THESE DARK BLUE BARS ARE RELATIVELY SMALL COMPARED TO SOME OF THESE OTHER AGREEMENTS, AND SO THERE'S SIMPLY JUST NOT THAT MUCH ROOM TO REDUCE RELATIVE TO THE PRE-EXISTING CONDITION.

IT APPEARS THAT THE TREES IN THESE CASES WERE BEING IRRIGATED, MAYBE WITH DEFICIT IRRIGATION, PRIOR TO THE LRP, SO THEY REALLY WEREN'T VIBRANT AND LUSH AND EXTENSIVELY WELL WATERED IN THE PRE-CONDITION.

I CAN'T SPEAK TO THE SPECIFIC OPERATIONS OF THESE LANDS, BUT I'M JUST GOING ON HOW THEY APPEAR IN AERIAL PHOTOS.

THAT'S WHAT IT LOOKS LIKE FROM THAT VIEW.

THEN COUPLED WITH THE FACT THAT THE TREES IN THESE CASES WERE NOT IMMEDIATELY REMOVED.

YOU BASICALLY HAVE A RELATIVELY SMALL CHANGED CONDITION FROM PRE TO POST.

[00:40:06]

>> ARE THESE ALL THE LAND REPURPOSING PARTICIPANTS SHOWN HERE, THE 14? THESE ARE ALL THE ONES THAT WE HAVE SIGNED A CONTRACT WITH?

>> YES. THAT'S TRUE.

>> WHEN YOU SAY WAIVING OF THE MINIMUM WATER USE REDUCTION? WE'RE NOT WAIVING IT FOR ALL.

THIS IS THE PROGRAM THAT'S GOING OUT, BUT I MEAN, WE'RE JUST WAIVING IT.

WE'RE NOT WORRIED ABOUT WATER USE REDUCTION.

>> NO. IT'S A WAIVER FOR PURPOSES OF ASSESSING YEAR END COMPLIANCE.

THAT'S THE SPECIFIC TYPE OF WAIVER IT IS.

IT DOESN'T CHANGE ANYTHING ABOUT THE AGREEMENT.

THE AGREEMENT ACTUALLY STILL HAS THOSE WATER USE REQUIREMENTS IN IT, AND NOTHING CHANGES ABOUT THAT, BUT THE WAIVER ALLOWS THE GSA TO FIND THE AGREEMENT AND THE PARTICIPANT TO BE IN COMPLIANCE BY SETTING ASIDE THAT SPECIFIC PART OF THE AGREEMENT, THAT WATER USE REDUCTION REQUIREMENT.

>> THERE IS MUD NOW, OR YOU GOT IT?

>> I UNDERSTAND IT.

THEY'RE RECEIVING SIGNIFICANT MONEY TO DO WHAT THEY'RE DOING.

I JUST WANT TO BE SURE, AND I'D IMAGINE STAFF FEELS THAT THERE'S NO GROUNDWATER BEING APPLIED, AND THAT WHAT WE'RE REALLY TALKING ABOUT HERE IS HOW ET IS MEASURED AND THE OTHER CIRCUMSTANCES RELATIVE TO MEASURED CONSUMPTIVE USE, WHICH MORE HAS TO DO WITH NATIVE SOIL MOISTURE CONDITIONS AND NOT ANY APPLIED WATER, CORRECT?

>> CORRECT.

>> I THINK YOU'VE STATED THAT JUST RIGHT.

WE DON'T BELIEVE THAT THERE IS GROUNDWATER BEING APPLIED TO THESE, BUT WE WILL ALSO DO SITE VISITS AND TAKE PHOTOS TO CHECK ON THAT, AND WE WILL ALSO REQUIRE THAT THE AGREEMENT HOLDERS SIGN AN ATTESTATION TELLING US THAT THEY ARE NOT APPLYING GROUNDWATER TO THESE LANDS.

I THINK, AS THE CHAIR HAD SUGGESTED, THERE ARE LESSONS THAT WE'VE LEARNED HERE, AND PERHAPS SOME OF OUR MINIMUM WATER USE THRESHOLDS WERE TOO STRINGENT FOR WHAT THE REALITY ENDED UP BEING.

>> I UNDERSTAND WHY 2023 IS HARD TO MEET IT BECAUSE IT WAS RAINING ALL THE TIME.

BUT YEAH, I THINK IN THE FUTURE, IF TREES THEY SHOULD BE REMOVED.

THEY DON'T MAKE THIS PROGRAM LOOK LIKE IT'S NOT DOING WHAT IT'S SUPPOSED TO.

>> THE ONLY COMFORT I HAVE IN TAKING ALL THAT INTO CONSIDERATION AND BELIEVE THAT WE'RE DOING A GOOD JOB IS THAT THE POST THE WATER USAGE, IS THEY'RE NOT USING WATER, AND EVEN THE ONES THAT DIDN'T HAVE MUCH OF A DROP, BUT THEY DIDN'T USE WATER THE YEAR BEFORE EITHER.

WE JUST PAID THEM TO NOT REPLANT.

I THINK EVEN THOUGH SOME OF THE AMOUNTS LOOK SMALL, IF WE WEREN'T IN THE PROGRAM, THOSE NUMBERS, FOR THE MIDDLE COLUMN, WOULD HAVE BEEN, THEY COULD BE 35 INCHES OR 30 INCHES.

ULTIMATELY, WE'RE SAVING WATER, AND WE JUST MADE A MISTAKE IN HOW WE CALIBRATED SOME OF IT.

>> THANK YOU.

>> YOU'RE WELCOME. ANY OTHER QUESTIONS? I'LL GO OUT TO PUBLIC FOR PUBLIC COMMENT.

>> WE DO HAVE LOU MYERS ONLINE.

>> OKAY.

>> LOU?

>> HI. EVERYBODY. CHRIS. CAN EVERYBODY HEAR ME OKAY?

>> WE CAN.

>> GREAT. CHRIS, THANK YOU VERY MUCH FOR YOUR HELP HERE.

I THINK EVERY TIME WE'VE GONE THROUGH THIS OR THE BOARD HAS GONE THROUGH THIS OVER THE PAST FEW YEARS, IT ALWAYS STRIKES ME AS TO THE LIMITATIONS OF EVAPOTRANSPIRATION IN MEASURING WHAT THE ACTUAL GROUNDWATER USAGE IS.

I THINK THAT'S LESS RELEVANT IN THIS PARTICULAR SETTING, BUT I WILL JUST POINT OUT THAT ANY OF THE TREES THAT STAY IN THE GROUND APPEAR TO BE USING MORE WATER THAN THEY ACTUALLY ARE.

THAT WILL APPLY TO ALLOCATIONS ACROSS ALL OF THE WHITE AREAS.

[00:45:01]

I'M NOT SURE IF THAT'S HOW TO ADDRESS THAT NECESSARILY, BUT IT MEANS AT SOME POINT THE BOARD IS GOING TO BE GETTING INCORRECT DATA, WHICH WE ALREADY ALL KNOW THE LIMITATIONS OF ET.

BUT AT SOME POINT, THE BOARD'S GOING TO BE GETTING INCORRECT DATA FOR A BUNCH OF SPECIFIC FARMS ACROSS THE WHITE AREAS, PARTICULARLY THOSE WITH HOLDOVER TREES, AND A FEW OTHER ISSUES THERE.

I JUST WANTED TO FLAG THAT FOR THE BOARD LESS RELEVANT FOR THIS PARTICULAR CIRCUMSTANCE.

UNFORTUNATELY, I CAN'T REALLY OFFER A SOLUTION THERE, BUT I WANTED TO FLAG IT FOR [INAUDIBLE].

>> ANY OTHER ONLINE COMMENT?

>> NO MORE ONLINE.

>> ALL RIGHT. I'LL CLOSE PUBLIC COMMENT AND BRING IT BACK TO THE DIAS.

WHAT'S THE PLEASURE OF THE BOARD? OR ANY OTHER COMMENTS?

>> NO.

>> WE'LL MAKE THE MOTION TO WAIVE THE MINIMUM WATER USE REDUCTION.

01,2,3.

>> I'LL SECOND IT.

>> WE HAVE A MOTION BY DIRECTOR MARCHINI AND A SECOND BY DIRECTOR KELLEY.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

>> AYE.

>> AYE. ANY OPPOSED? SAME SIGN? MOTION CARRIES UNANIMOUSLY. THANK YOU, CHRIS.

WE'LL MOVE TO ITEM 10, STAFF REPORT. LACEY?

>> NOTHING TO REPORT TODAY.

>> WHAT? [LAUGHTER] THANK YOU.

THEN I'LL BRING IT BACK FOR ITEM 11 AND FOR BOARD REPORTS.

[11. BOARD REPORTS]

NO. I HAVE ONE.

IT'S BEEN BROUGHT TO MY ATTENTION THAT THE STRATEGIC PLANNING AD HOC COMMITTEE, WHICH IS MIKE GALLO, NIC MARCHINI, AND GINO PEDRETTI.

THERE'S BEEN SOME CONVERSATION FROM MSGSA ABOUT THE BORDERLAND PARCELS.

I GUESS WE DON'T NEED A BOARD ACTION FOR THIS, BUT IF YOU WANT, THE CHAIR'S DIRECTION IS THAT WE HAVE A DISCUSSION WITH THE OTHER TWO GSAS FOR A SHARED POLICY DISCUSSION ABOUT HOW WE HANDLE THOSE LANDS.

ANY COMMENT OR QUESTION ABOUT THAT FROM ANYBODY? NO. WITH THAT, OUR NEXT MEETING IS OCTOBER 9 AT 2:00 PM.

[12. FUTURE MEETINGS]

HERE IN THE BOARD ROOM, AND ITEM 13 IS ADJOURNMENT. THANK YOU ALL FOR COMING.

>> THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.