Water district sparks concern

By Daniel Webster

Pioneer Press

Fort Jones , CA

January 16, 2008

page W1 column 1

pioneerp@sisqtel.net

SCOTT AND SHASTA VALLEYS - The new watermaster district for Scott and Shasta Valleys could be either a boon to valley farmers and ranchers -- or a trojan horse.
The fees for watermaster services, currently being handled by the California Department of Water Resources (DWR), were set to  jump 600 percent.

To eliminate that enormous financial burden, Assemblyman Doug LaMalfa, with the help of California Farm Bureau and SOSS, authored AB1580, which created a local watermaster district specifically for the Scott and Shasta valleys.

The entire assembly voted yes -- including 100 percent of the democrats and republicans. All voted in favor of the bill.

Now, a new watermaster district has been formed and the Board of Supervisors is seeking nominations for the new board.

The cost of watermaster services now won't be based on a bureaucracy in Sacramento , but rather it will be the true cost of administering the service passed along to the watermaster users in the form of an assessment from the tax collectors office.

The farm bureau and SOSS hosted two meetings Friday in Yreka and Fort Jones to explain the concept and asked people to sign a contract with the Sacramento-based law firm of Ellison, Schneider & Harris LLP, to represent them in Siskiyou County Superior Court. The legal fees will be paid by the California Farm Bureau.

Only 15 percent of those with adjudicated water rights along a water diversion. such as a ditch, can subject all of the water users into this new watermaster district. For example, on a ditch with 20 water users, only three people can sign the contract and go to court and subject all 20 to this new watermaster service - even if all 20 have never used a watermaster before. State Assembly Candidate John Martinez isn't pleased with the new watermaster district.

"What this means is one or two individuals who do not have the best interest of the farmers and ranchers on their ditch can now subject their neighbors to these high assessments," Martinez said. "This would then put all of these folks under the same legal umbrella so that water-grabbing interests in Sacramento can bag all of us at once."

Any petition to the court would not modify any water rights, it would solely appoint the Scott Valley and Shasta Valley Watermaster District as the new watermaster.

LaMalfa was pushing hard to get the farmers and ranchers to sign up with the new district.

"It's an opportunity for local control," LaMalfa said. "This will be a triumph for you locally."
He expressed his concerns about the state budget being "$14 billion upside-down" and that state agencies will begin to look for every way possible to raise their fees to makeup for the budget shortfall.

Perhaps the gravest concern over the new district was raised last week by Martinez , who asked the panel of presenters: "who bears the cost of a lawsuit against the new watermaster district?" The answer: the farmers and ranchers of the Scott and Shasta Valleys .

It wasn't a far-fetched question. The watermaster service through DWR is sued at least once per year, with the lawsuits being defended by the California Attorney General's office, according to a representative of DWR.

The local watermaster district would not have that insulation, and would be subject to federal and state lawsuits directly.

LaMalfa doesn't believe that the watermaster district will be likely sued, he told the Pioneer Press Saturday. But if the district is sued, it could be like a financial gut-punch.
According to a farm bureau legal representative, the cost of defending and settling the lawsuits would be borne by the new district and ultimately passed on to the watermaster users.

These costs would also be passed on in the form of assessments.

Martinez said ranchers and irrigators should be very careful about the watermaster district.

"One large judgement could break the backs of the entire farming and ranching community in Scott and Shasta Valleys," he said, "and that would be  a triumph for large farming interests in the Central Valley and the major metropolitan water districts in Southern California."

YREKA - Colleen Setzer, Clerk of The Siskiyou County Board of Supervisors, announces that there are seven scheduled vacancies on the Scott Valley and Shasta Valley Watermaster District. 

The two members of the Scott Valley and Shasta Valley Watermaster District must be holders of water rights whose place of use under a decree is an appointed or contracted parcel within the Scott Valley Service Area; three members shall be holders of water rights whose place of use under a decree is an appointed or contracted parcel within the Shasta Valley Service Area; and two members shall be appointed by the Board of Supervisors. They must be residents of the County and not holders of water rights whose place of use under a decree is an appointed or contracted parcel. Members are required to file Form 700, Statement of Economic Interest.  The positions up for appointment are for representatives with open terms. 

If you would like further information about the Scott Valley and Shasta Valley Watermaster District, contact the Office of the County Clerk at 842-8081 or 1-888-854-2000 Ext  8081.

If you are interested in serving, please submit a letter of interest to: 510 N. Main Street , Yreka , CA   96097 , no later than January 28.

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