Foothill Water Coalition Water District Updates

Foothill Water Coalition - Water District Updates

Beginning in March of 2022, a series of updates have been produced to help keep people informed about what is going on with the North Yuba Water District.

11/12/22 (Election Update)

As of November 12, 2022, the intermediate results of the Elections indicate that:

Division	Won	Lost
1	Alton Wright	Doug Neilson
2	Steve Ronneberg	Chris Cross
3	Gary Hawthorne (retains seat)	---
4	Marieken Furnee	Hawthorne lost for Donnie Forguson
5	Ann Plumb	Ginger Hughes

3/26/22

The March North Yuba Water District newsletter has been produced and mailed out by Crystal Martin, the District's publicist and who is also a litigation consultant for the District. Regarding the newsletter:

District Entitled

The District is entitled, by law, to 24 cubic feet per second (CFS) of water delivered a the beginning of the Forbestown Ditch. This is not true, there is no legal limitation of how much CFS can flow through the Forbestown Ditch. However, given the current state of repair of the ditch, as a practical matter, it can only convey 24 CFS. It is not known why Ms. Martin would imply some legal limitation when there is none.

The newsletter states, Precipitation, or the lack thereof, plays an important role in the District's ability to have an irrigation season. This is correct, without rain and snow there would be no irrigation water. It goes on to say, The pipeline will also provide the full contractual water right of 23,700 acre-feet per year.This amount contradicts the physical capacity of the proposed pipe for the Forbestown Ditch.

Some Math

Some math here. South Feather Water and Power Agency is entitled to half the flow through the Forbestown Ditch. The pipe is designed to carry 24 cubic feet per second or 12 cubic feet per second for North Yuba and 12 cubic feet per second for South Feather. 12 cubic feet per second is 28.8 acre-feet a day. The irrigation season begins on April 15 and ends on October 15, a total of 183 days. 28.8 acre-feet a day would be 5,270 acre-feet for the water season. But the newsletter says the pipe can provide for 23,700 acre-feet. The newsletter cannot be correct. It is physically impossible to provide 23,700 acre-feet for the customers of North Yuba over a six-month period with 12 cubic feet per second flow. This flow amount inconsistency is confusing.

Why would Ms. Martin's newsletter be trying to imply the Forbestown Ditch piping project would convey 23,700 acre-feet when it cannot?

Water not curtailed

The newsletter says, ...when the District's water rights are curtailed by the State Water Resources Control Board as they were in 2021, and water was only available for health and safety purposes. Once again, Ms. Martin misleads.

In its convoluted manner, what SWRCB actually said was, "During the dire drought conditions currently being experienced in the Delta watershed, it is imperative that water right holders and claimants who do not have water available at their priority of right and do not have a need or obligation to provide water for minimum human health and safety uses cease diversions of water that is needed for more senior rights and to prevent unauthorized diversion of previously stored water needed for salinity control, human health and safety supplies, and minimal ecosystem protections."

The State said to cease diversions if such diversions are unauthorized. Providing water to the irrigation and domestic customers is an authorized use of water.

Yuba Water Agency Grants

In the section where is says that five years ago (2017), the District secured the entirety of a pipeline project funding through grants. At the time, it was understood, there was nothing in writing, that the Yuba Water Agency would provide a grant covering 60% of the piping the ditch with the undersized pipe. Since then, the Yuba Water Agency has decided not to provide this 60%. The Yuba Water Agency makes its own decisions about who it grants money to.

Engineering Design Oversight

The original pipe was designed to be above ground. Then, in 2020, a fire came through the area where the pipe was to be built. It then became obvious that the only way to protect a plastic pipe from fire would be to bury it. This was an engineering oversight. The NorthStar engineers simply did not consider such a fire would happen.

Bookman-Edmonston Report

In 2004, the Yuba Water Agency (then the Yuba County Water Agency) produce a report titled, "Water Demands and Conveyance Requirements, Yuba County Water District". (now the North Yuba Water District). This 21-page report thoroughly evaluates the workings of the NYWD. The most relevant passage says:

The minimum flow rate for evaluating the Forbestown Ditch improvements to meet present capacity is set at 24 cfs, which corresponds to the existing safe capacity of the Forbestown Ditch with an allotment of 12 cfs for YCWD and 12 cfs for OWID (now South Feather Water and Power Agency). The design capacity for evaluating improvements to the Forbestown Ditch to meet future needs is set at 84 cfs, the contractual allowable expansion of the ditch of 60 cfs above the current YCWD capacity of 12 cfs. The 84 cfs for future demand would split with an allocation of 12 cfs for OWID and 72 cfs for YCWD. As summarized in Table 3, the total estimated capacity to meet future YCWD demands is 75 cfs. Recognizing that the premises used for developing the estimated 75 cfs are in some cases approximate, an allowance of 72 cfs for future needs is considered adequate for developing maximum conveyance criteria.

In other words, the Forbestown Ditch could be improved to provide a 72 cfs flow rate, three times the flow rate of the plastic HDPE pipe the district would like to construct. The newsletter says the pipe will cost $10 to $15 million or more. Given the environmental mitigations that would be required for such new construction, the cost is likely to be well over $15 million. Improving an open ditch would be a fraction of this amount. Link to the Bookman-Edmonston report:

Bookman Edmonston Report

District Wants to Sell Water

Why does the North Yuba Water District want to sell water? Could it be for development purposes?

The North Yuba Water District owns two parcels south of Forbestown. Parcel 050-200-017 of 58 acres, and parcel 050-200-016 of 24 acres. The District wants to sell ~20,000 acre-feet of water which could amount from $10 to $15 million on the California water market. North Yuba has said nothing about what it would do with this money. Does the District intend to spend this money to provide domestic water to these properties so they can be developed? The Directors of the District would be in the best position to know about this development in advance. The question arises, who might stand to gain from this development? Public officials are elected to serve the people, not to serve themselves.

Current North Yuba Water District Directors

Gary Hawthorne
Donnie Forguson (appointed)
Doug Neilson misleads(appointed)
Ginger Hughes (appointed)

4/2/22

Hello,

Some tumultuous times for the North Yuba Water District in recent days. A quick summary:

1) District forced to cancel meeting to cancel irrigation.
2) Fellowship of Friends files lawsuit against District.
3) Front page article in the Appeal-Democrat about the District, "It is willful neglect".

Forced to Cancel Meeting

On Wednesday, the District was supposed to have a Special Meeting to consider canceling irrigation water. However, at the last minute, the meeting itself had to be canceled. In his zeal to make it difficult for people to attend, the General Manager Jeff Maupin sent out several conflicting email updates and emails not seen by the public. When the attorney working with the Foothill Water Coalition was notified, he told the District's legal counsel Michael Vergara it would be a violation of law to have this meeting. Vergara agreed, and instructed the District to cancel the meeting.

Special Meetings Abused

Special Meetings are intended to allow an agency to address some unexpected issues that might arise. Such meetings only require 24-hour notice and public comments are limited to the item at hand. To limit the opportunity for public input, the District's General Manager is abusing the intent of Special Meetings by routinely using these meetings to pass significant resolutions that could be done at regular meetings. Anticipating that a meeting to cancel irrigation would be controversial, he tried to make it as difficult as he could for people to attend. This time, his strategy didn't work out so well.

Fellowship Files Lawsuit

A few weeks ago, Directors Hawthorne, Neilson, and Hughes voted 3 to 0 to adopt the Irrigation Policy for 2022. Among other things, the policy effectively empowers the General Manager with the authority to terminate a person's irrigation water at his whim. The Fellowship of Friends has filed an extensive lawsuit challenging this Irrigation Policy. This brings to six the number of active lawsuits the District is now involved in. Two of the lawsuits involve South Feather Water & Power Agency, and they are not faring well for the District.

Appeal Democrat Article

In the Saturday edition of the Appeal Democrat is an extensive front-page article about the North Yuba Water District headlined by, 'It is willful neglect': A look at alleged mismanagement. In the background is a picture of a water tank owned by the District with water shooting out of the side.

The article mentions the District's publicist Crystal Martin. Not wanting to be subject to Public Record Act requests on how much the District is paying Ms. Martin, the General Manager has made this publicist, who is not an attorney, a litigation consultant. Again, the General Manager is trying to hide what he is doing with this litigation consultant charade. By the way, Ms. Martin is the campaign manager for Sheriff Anderson and Bob Bagley.

The article also points out that the restrictive pipe the General Manager wants to build will only convey 3,700 acre-feet for use by the District. With all of the other 20,000 acre-feet conveyed down the Forbestown Ditch, there would be seven times more water than there has ever historically been available. Water for robust fire protection, sustainable farming, and protecting the well water. What the District's directors, Hawthorne, Forguson, Neilson, and Hughes are doing instead is negotiating to sell water to Byron-Bethany Irrigation District in Alameda County. What they might gain from this they are not telling. You can read the Appeal article at this link: Wilful Neglect

Vergara Conflict of Interest

As it turns out Michael Vergara is Legal Counsel for the NYWD and also Legal Counsel for Byron-Bethany. In other words, Mr. Vergara is negotiating the deal from both ends, a total conflict of interest. Do the District Directors care? Not at all.

Water is Available

Historical flow records show that 7 cubic feet per second at the headworks diversion point near Brownsville is sufficient to provide irrigation water. The General Manager claims it takes 12 cubic feet per second. Both can't be true. This year, South Feather has said it will need only 7 cubic feet per second for its use leaving, out of a Forbestown Ditch capacity of 24 cubic feet per second, 15 cubic feet per second for use by the District's customers. South Feather wants to make it abundantly clear that there is water available. The lack of irrigation water is not because the water isn't there as the General Manager claims, it is because the General Manager, backed up by his board, does not want to deliver water.

Jon Messick

You may have noticed signs for Jon Messick for County Supervisor. Jon is a farmer, he grows walnuts in Hallwood. He is an irrigation customer. He has been on the County's Planning Commission. He owns his own business and is a self-starter. He has already toured parts of the irrigation ditch system. He would be fair and honest towards any Fellowship interests and a good representative for people in the Fifth District.

What you can do

What can you do? First and foremost, try to attend the District's meetings. The General Manager does not want people to see how he is running the District and he is going to great lengths to discourage attendance. The Directors do take notice when people attend and when they make public comments.

Relieved of Authority Besides voting in new Directors, a more direct approach to changing the District's management would be a vote of confidence. If enough voters isn the District were to band together as a voting block, the current management could be relieved of their authority.

Take a short one-question survey: Would you participate in a North Yuba Water District Vote of Confidence? link: https://www.surveymonkey.com/r/WDXDQCH

Contact the directors:

Gary Hawthorne, ghawthorne@nywd.org
Donnie Forguson, dforguson@nywd.org (appointed)
Doug Neilson, dneilson@nywd.org (appointed)
Ginger Hughes, ghughes@nywd.org (appointed)

See: foothillwatercoalition.org

Charles.

In one drop of water are found all the secrets of all the oceans; in one aspect of You are found all the aspects of existence. ― Khalil Gibran

5/10/22

Water District Update 5/10/22

Hello,

It has been over three weeks without irrigation water. The District says there is no water, but the facts say otherwise. Is the General Manager to be believed?

South Feather Water & Power Agency in Butte County has offered to sell water to the Foothill Water Coalition for $39 an acre-foot. A letter has been sent to all the NYWD Directors asking for the use of the District's conveyance system. It is hoped the District Directors will see this as an opportunity to provide irrigation water.

Criss Cross has been appointed to the Division 2 seat. All of the four appointed director seats will be up for election in November.

With little fanfare, on April 14, one day before the start of irrigation water, the District unobtrusively posted on its website that there would be no irrigation water. The citing drought conditions and the 2005 agreement with South Feather.

After this posting on the website, irrigation customers started receiving letters returning their unbanked checks. In the enclosed letter the General Manager again says his pipe is needed. The pipe would convey only 1/7 of the water the district has. One Seventh. With proper maintenance and improvements, an open ditch would lose only 10% and we could have 21,000 acre-feet of water. Except that the General Manager wants to sell our water for somebody else's profit.

While it is true that most of California, particularly the Central Valley, is experiencing an ongoing severe drought. The Feather River and Yuba River watersheds are not so much impacted by the current lack of rain. Bullards Bar is 80% full and South Feather's reservoirs have plenty of water.

Can the General Manager be trusted? Again and again, he intentionally misrepresents and contrives the data to fit his narrative while his board, Gary Hawthorne, Donnie Forguson, Doug Neilson, and Ginger Hughes, never question anything.

At the last Supervisor meeting, the Food Hub grant was pulled from the agenda at the last minute. It seems that Yuba County, in an abundance of caution that they are giving everybody a fair chance, will now have to put the grant out to bid.

If you recall, about two years ago the District voted on adopting a new division map. As it turns out, there are many irregularities and anomalies with the current NYWD division voter list and map. The map, revised two years ago, moved all of the irrigation customers from the historic two divisions into one division resulting in the irrigation customer's board representation decreasing from two to one.

Ranging from 732 to 738 people per division, the is an extraordinary precise map making to divide up 3,675 people so evenly. That aside, the count of voters from the Yuba County Elections office shows the voter counts ranging from only 170 voters in Division 2 to a whopping 791 voters in Division 5 out of 2,212 total voters. It is unclear what the methodology was in determining these counts but this kind of spread questions the integrity of the NYWD voter rolls.

What can you do? You can contact the District Directors and attend the Board meetings. You can also contact the County Board of Supervisors and ask them if they have any thoughts on what is happening with the North Yuba Water District? County Supervisors: Andy Vasquez avasquez@co.yuba.ca.us, Don Blaser dblaser@co.yuba.ca.us, Gary Bradford gbradford@co.yuba.ca.us, Fuhrer, Seth sfuhrer@co.yuba.ca.us. Randy Fletcher rfletcher@co.yuba.ca.us

As you are probably aware, Jon Messick is running for County Supervisor. Jon is a farmer, he is an irrigation customer. He understands water. He has taken a keen interest in our water district and wants the communities of Oregon House and Dobbins to have all the water they are entitled to.

Charles

p.s. Hope you like this spiffy new format for these updates.

eWater is the lifeblood of our bodies, our economy, our nation, and our well-being. - Stephen Johnson

5/13/22

Meeting postponed

Hello,

We were planning to have a meeting for irrigation customers this weekend on Sunday however, many events have been unfolding such that it would be better to reschedule this meeting to a later date.

Thank you,

Charles & the FWC Team.

p.s. Here is a link to a news segment on Sacramento Channel 13 TV about the lack of water from the North Yuba Water District.

Water Crisis in Yuba County

5/16/22

Water District Update 5/16/22

Hello,

South Feather has offered to sell the Foothill Water Coalition raw water for $39 an acre-foot. A request has been made to the North Yuba Water District if their conveyance can be used deliver this water. The District's directors, Gary Hawthorne, Donnie Forguson, Doug Neilson, Criss Cross, and Ginger Hughes have not responded. However, the District's legal counsel has asked for proof of this offer.

Should the NYWD allow this water to flow through their ditch conveyance, there could be water in a matter of days. This offer negates the District's contention that it cannot deliver water because it would cost too much. There would be water now if there was a edifferent board in place at the water district.

Petition to supply irrigation water

At the Yuba Water Agency board meeting tomorrow, a petition, signed by 60 people so far, will be presented saying:

eWe, the undersigned, join this request from Foothill Water Coalition to North Yuba Water District: To allow South Feather Water and Power Agency to supply us irrigation water directly.

There is broad community support for this initiative. If you wish to sign this petition, send an email to contact@foothillwatercoalition.org

The Yuba Water Agency meeting is at 9am at the County Government building in Marysville. The zoom link is:

https://us06web.zoom.us/j/86495695953?pwd=c3NWVXRjOTZhTFhWV2FSMnk3bGxlQT09

5/24/22

Water District Update 5/24/22

On Friday at 3:30 is the next North Yuba Water District Board meeting. Aside from routine consent items, the only items on the agenda are a remote teleconference item and a closed session regarding seven active lawsuits the District is involved in. Here is the link:

https://www.nywd.org/_files/ugd/ce9012_adbe45577f1b432fb8ed85f251d923c8.pdf

You can contact the NYWD directors by email and only by email:

ghawthorne@nywd.org, dforguson@nywd.org, ghughes@nywd.org, dneilson@nywd.org, ccross@nywd.org

The Foothill Water Coalition is waiting on an response from the District regarding using their conveyance to run water from South Feather.

Appointed director Donnie Forguson was at Jon Messick's meet and greet at the Alcouffe Center ball park on Sunday. When asked about public workshops his response was an emphatic "No". This reflects the attitude of everyone on the NYWD Board, "No, go away, leave us alone, we are not going to answer questions".

If they did, and the water did flow, then, they would have to explain why they didn't do this before. They would look like they have mislead people. Which is exactly what these directors have done.

Do directors Gary Hawthorne, Donnie Forguson, Doug Neilson, Criss Cross and Ginger Hughes, deserve the people's trust? Do you want them as directors and controlling your water? In November, the voters will have a chance to vote four of these directors out of office. By the way, Donnie is on the Alcouffe Community Center board where he enjoys the camaraderie and support of the other board members.

Donnie also mentioned the 42 inch unpressurized, mostly above ground, plastic pipe the District wants to build and how it would eliminate loses. Not mentioned is this pipe would carry only 1/7 of the District's permitted water and the water not lost would be about 1,000 acre-feet. 1,000 acre-feet is 4.2% of the 23,700 acre-feet the District has permits for. Pipe size and flow capacity matter.

An improved and maintained open ditch would be a fraction of the cost, carry twice the water and lose 10%. Why not this approach? As they say, follow the money. The water, the district wants to sell, which cannot fit down this pipe, is worth over $15 million.

On South Feather Water & Power Agency's Tuesday board meeting agenda are closed sessions regarding South Feather's lawsuit against NYWD, and NYWD's breach of contract lawsuit against South Feather. North Yuba cannot sell water without South Feather's consent. If North Yuba can break this agreement, they could then sell the water, hence the breach of contract lawsuit.

As is so happens, the NYWD owns about 390 acres in Yuba County. Rumor has it that the District is talking with a real estate agent about selling some of its property.

About two weeks ago the General Manager was deposed.

It takes a village, but the villagers have to care about their village.

The Yuba Water Agency has released an awesome 52 minute video, "The Tricky Yuba", about the history of the Agency and how the Yuba River has shaped the history of the county.

Link to video: The Tricky Yuba

Foothill Water Coalition

5/24/22

Water District Update 5/24/22

https://www.nywd.org/_files/ugd/ce9012_adbe45577f1b432fb8ed85f251d923c8.pdf

You can contact the NYWD directors by email and eonly by email:

ghawthorne@nywd.org, dforguson@nywd.org, ghughes@nywd.org, dneilson@nywd.org, ccross@nywd.org The Foothill Water Coalition is waiting on an response from the District regarding using their conveyance to run water from South Feather.

Once again, Forguson mentioned that there is no water because not enough cfs (cubic feet per second). NYWD Board, why not open the gate valves at SF-14, Costa Creek and open up the OHD diversion dam? If water doesn't flow, as you say, this proves you are right. If they did, and the water did flow, then, they would have to explain why they didn't do this before. They would look like they have mislead people. Which is exactly what these directors have done.

As is so happens, the NYWD owns about 390 acres in Yuba County. Rumor has it that the District is talking with a real estate agent about selling some of its property.

About two weeks ago the General Manager was deposed.

6/6/22

Water District Update 6/6/22

Hello,

On Monday, the North Yuba Water District, specifically President Hawthorne and General Manager Maupin, had agreed to meet with their counter parts at the Yuba Water Agency (Gary Bradford and Willie Whittlesey) and South Feather Water and Power Agency (Tod Hickman and Rath Moseley. They were going to work on a plan to run water through the Forbestown Ditch and measure the loss.

Citing on "advice of counsel", on Friday, the NYWD declined to attend. Despite the wonderful efforts of the Yuba Water Agency, the North Yuba Water District has, once again, shown the dysfunctional nature of its governance. Nevertheless, the Yuba Water Agency and South Feather will be meeting to begin discussions to create a regional solution for reliable and abundant water for the foothills of Yuba County. This will be an historical meeting which has come about from the efforts of the Foothill Water Coalition and many others.

With all the agencies, attorneys and the public advocacy of the Foothill Water Coalition, it is difficult to say how this drama over water for the foothills will play out. However, one can expect it is not likely to be pleasant for the Directors of the NYWD Gary Hawthorne, Donnie Forguson, Doug Neilson, Criss Cross, and Ginger Hughes. The district has few friends, scant community support, and no credibility with other agencies. The directors seem oblivious to what is happening and want to blame others for the consequences of their actions.

A GoFundMe account has been set up to help with some of the legal expenses incurred in this fight for our water. Here is the link, if you want to contribute,

Legal Expenses GoFundMe

Charles

Individually, we are one drop. Together, we are an ocean. - Ryunosuke Satoro

6/6/22

Water District Update 6/6/22

Hello,

This article just came out in the Appeal Democrat. Although NYWD President Hawthorne and General Manager Maupin were not present, one of the participants said the Monday meeting was very productive.

Jon Messick won the Fifth District County Supervisor seat with 66% of the vote. He will take office in January.

Charles

6/2/22

North Yuba Water District Update 6/9/22

Citing on "advice of counsel", on Friday, the NYWD declined to attend, see attached article in the Appeal Democrat. The directors are unwilling to meet with their customers, their public and they want to blame others for the consequences of their actions.

A GoFundMe account has been set up to help with some of the legal expenses incurred in this fight for our water. Here is the link, if you want to contribute,

https://www.gofundme.com/f/47dny-please-help-save-our-community

Foothill Water Coalition

Email: contact@foothillwatercoalition.org

Water is the only drink for a wise man. - Henry David Thoreau

6/23/22

Water District Update 6/23/22

Hello, Tomorrow, at 3:30, is the next North Yuba Water District board meeting. Here is the Zoom link:

https://www.nywd.org/meetings

On the agenda is the budget for the next fiscal year. Somehow the District plans to spend $4 Million more than it takes in. The most interesting, not to be missed, part of the meeting will be the public comments at the beginning.

Several weeks ago on Monday, June 6, the General Manager Maupin and NYWD President Gary Hawthorne were scheduled to meet with their counterparts at the Yuba Water Agency and South Feather Water and Power Agency to work out a plan to see how much water would flow down the Forbestown Ditch. On Friday before the meeting, the District cancelled their attendance. Nevertheless, the Yuba Water Agency and South Feather did meet for a productive discussion of foothill water issues.

At its board meeting on Tuesday, South Feather will vote on declaring a water surplus that can be directly provided to the North Yuba Water District irrigation customers. The availability of this water discredits the District's contention that there is no water for irrigation due to drought conditions. It also brings into question if anything the District says about water valid?

The water contract agreement with South Feather will require the water to be conveyed or "wheeled" through the NYWD's conveyance system. Providing such conveyance would not cost the District anything but the District does have to agree. By law, agencies with extra capacity are required to make this capacity available when asked.

Meanwhile, in Oregon House, the wells keep going dry, ponds with water for fire protection keep evaporating, and farming operations are struggling by the decision of the North Yuba Water District Directors Gary Hawthorne, Donnie Forguson, Doug Neilson, Criss Cross, and Ginger Hughes to not provide water.

We have a new Fifth District Supervisor elect Jon Messick who will take office in January.

Four of the North Yuba Water District Board seats are up for election in November. The filing date begins on June 18.

Charles.

6/29/22

Water District update 6/29/22

Hello,

On Tuesday, South Feather Water & Power Agency voted to sell water to the North Yuba Water District irrigation customers for $39 per acre-foot (this is the correct amount). To reach the irrigation customers, the water will have to be conveyed through the NYWD's ditches and canals. This is called water "wheeling". If it has the capacity, which it does, the District is required, by law, to provide such conveyance.

Why can't this water be directly provided by the District? It can, it should be, but the Directors Gary Hawthorne, Donnie Forguson, Doug Neilson, Chris Cross, Ginger Hughes, and Manager Maupin do not want to provide the water.

Instead, they want to sell the District's water to Southern California. However, the District cannot sell the water, it is not legally possible. Manager Maupin doesn't seem to understand this. It is unknown if the directors know this as they do not communicate.

A few days before South Feather's vote to sell water to the irrigation customers, the District posted on its Facebook page, e"South Feather Water & Power is voting to sell water to the Fellowship of Friends for $37 per acre foot". This is nothing short of religious hate speech by a public agency. This Facebook page is managed by the District's publicist Crystal Martin. While directors Hawthorne, Forguson, Neilson, Cross, and Hughes may say they know nothing about this, they are responsible for what Ms. Martin posts about the District. These people could be subject to personal liabilities.

Attached is Gary Hawthorne's response to the Yuba Water Agency. It has a number of factual misstatements. SFWPA has never affirmed anything about supporting piping the FTD. Even at 38 cfs, it is not physically possible to move 23,700 acre-feet during the six months irrigation season from April 15 until October 15. Everything the District says about flow rates and losses is suspect and cannot be relied on. Once again, with this disingenuous letter, the NYWD has insulted the Yuba Water Agency.

It proposes the same solution Manager Maupin has been advocating for since 2017, pipe the Forbestown Ditch with a pipe that can only handle a fraction of the District's permitted water now costing $15 million which does not include environmental mitigations. Improving the ditch with some piping, flumes, lining, and better maintenance would flow more water at a fraction of the cost. Why not this common sense approach? Because then the District would have no water to sell outside of the District's boundaries.

It is not known if irrigation water can flow enough to make a difference this year. The District's tactic is to delay, delay, delay.

Elections for four of the District's directors are coming up in November. The filing date is July 18. We need candidates who will study the extensive documentation on this water district, and who can advocate common sense solutions based on factual data.

Ms. Martin's campaign strategy is likely to be that voting for the incumbents will save the District (and her job) and voting for the challengers is part of a water grab. The notion of a water grab by the irrigation customers is silly. It is actually the District directors that are trying grab the water away from the District's own customers.

By getting enough voters and landowners together as a voting block, we could change things. It is the voters that put the District in business and give power to the Directors.

Charles.

7/2/22

Water District Update 7/2/22

Hello,

Some news media articles and this press release.

FOOTHILL WATER COALITION PRESS RELEASE

OREGON HOUSE, Calif. - On Tuesday, June 28, South Feather Water & Power Agency voted to sell water to the irrigation customers of the North Yuba Yuba Water District. On June 30, Marieke Furnee, Dr. Israel Perla, and Charles Sharp, irrigation customers of the District, executed a water sale contract with South Feather. Next, the District will be asked to allow this water to be wheeled through their ditches and canals. If the District agrees then water can be provided to all the irrigation customers who would like water. If the District does not agree or fails to respond, legal recourse may be pursued.

Have a wonderful Fourth of July.

Charles

7/7/21

water district update (July 21, 2021)

Hello,

Last week, the North Yuba Water District held a regular board meeting. There wasn't much to it. Nothing was mentioned about Provost & Pritchard, the consulting company the NYWD has hired to sell the district's water outside the district's boundaries, water which is worth over $16 million a year.

Neither was it mentioned that the district is running only 15 cfs (cubic feet per second) through the ditch that can handle 22 to 24 cfs. If the SF-14 value were fully open, there would be irrigation water available. It is not know why the General Manager does not want to provide water.

South Feather Water and Power Authority has characterized the water as having "gone rogue" in a press release on their website see: southfeather.com/nywd There is a lot of money at stake here.

All farming is now being done with well water Not only does this stress the wells but it limits production. Due to the nature of wells in the foothills, no one knows when any given well might start having issues.

What can an individual do? First, you must believe it's worth the effort. If you get past that, then send an email to foothillwatercoalition@gmail.com and ask what you can do. But, beware, water is fraught with politics, all kinds of maneuvering and shenanigans that would make Machiavelli proud. Not for the feint of heart, even the Fellowship is shying away from this fight for water.

It is almost unbelievable such capers could be going on in these quiet foothills but water is big business.

Let me know if you have any questions. That's it for now, please see: foothillwatercoalition.org

Thank you for your interest.

Charles

When the well’s dry, we know the worth of water. – Benjamin Franklin

7/13/22

North Yuba Water District Update 7/13/22 - Special Meeting on Thursday

Hello,

On Thursday, July 14, at 2:30, the North Yuba Water District has scheduled a special board meeting. The only item on the agenda is a closed session regarding the six lawsuits the District is involved in. Perhaps they are going to discuss how to settle some of this litigation. In May, the District spent $135K on legal fees. June is likely to be about the same.

Notably, not on the agenda, is the water wheeling request made by several irrigators. California Water Law requires public agencies to allow water to be conveyed through their systems if asked. South Feather has offered to sell surplus water to NYWD irrigation customers and the District has been asked to convey this water. Will the District try to procrastinate until the irrigation season is over and it is a moot point?

Having the ability to provide water and not delivering it provides grounds for legal action for people to recover damages from the lack of water. It is unclear if the District Directors truly understand this.

However, the biggest concern may be for the General Manager. Should he allow this water to run, would his career would be over? All of his statements about flow capacity, water loses, and the need for the water from Dry Creek would not, excuse the pun, hold water.

Elections for four new District directors are coming up in November. The candidate opening filing date is on July 18, a few short days from now.

Charles.

The sound of water is worth more than all the poets' words. - Octavio Paz

7/18/21

Hello Foothill Residents,

At its last board meeting, four directors of North Yuba Water District voted to hire a consultant to find water markets outside of the county. Understandably, this has upset a number of people. The district has likely spent a million dollars in the last year on lawsuits and are now forced to try and sell the water to raise money to continue.

There are six active lawsuits against the district and the district recently filed a lawsuit against South Feather. As a result, South Feather has posted a press release on their website which is not so flattering to the water district. Saying, in part:

In sum, the unfortunate reality is that NYWD has gone rogue. NYWD lacks leadership. NYWD has failed to perform its essential functions as a water district by providing water available during emergency drought conditions. The Agency sincerely hopes that NYWD’s malfeasance does not result in loss of food or fiber, the livelihood of the customers of NYWD, or, worse, contribute to and enhance an already critical wildfire threat to our communities.

You can read the full report at South Feather NYWD

You can contact the NYW Directors that voted to sell our water out of the county, likely ending up in Southern California, here:

Doug Neilson douglas.j.neilson@gmail.com
Gary Hawthorne garyh@precisionservices.com
Fred Mitchell enjoy_the_week@yahoo.com
Ginger Hughes griffonlover7@gmail.com

Thank you for your time,

Foothill Water Coalition

PO Box 1014

Oregon House, Ca 95962

7/19/21

water district update

Hello,

The absence of irrigation water means all farming efforts are dependent on wells which are limited and are being stressed. No more can water be taken for granted. Now the water district is exploring selling its water to markets outside of the area betraying its customers who have trusted the district to provide reliable water.

In a recent press release, South Feather Water and Power characterizes the district as having "gone rogue". An extraordinary statement for a public agency to make. You can read the full report at South Feather NYWD

It strains credibility to grasp how bizarre the North Yuba Water District is behaving. Because of all the pushback against its piping project, the district is now forced to try and sell water on the California water market to keep going. The district won't succeed. However, the general manager is not going down without a fight. It's his job on the line and perhaps some serious legal entanglements.

Thank you for your time and interest.

Charles

Holding his breath, he walked softly on water, gliding smoothly across the stream to the other bank. ~Milarepa

7/20/22

Water District Update 7/20/22

Hello,

The next North Yuba Water District meeting is on Friday at 3:30. You can find a link to the meeting here:

awww.nywd.org/meetings

The filing period for elections in November began on Monday. At this time, it is not known which, if any, of the incumbents might be running to keep their seats. All of the incumbents are appointees.

Would it not be nice to have a group of Directors that were open minded, and would have open in-person meetings? Directors that would demand competence and accountability from the General Manager? A board that work to address the District's failing and inadequate infrastructure? A board that would work to bring all of the District's 23,700 acre-feet water to the area instead of trying to sell it? Water that would enable robust fire protection, bountiful farming, and support of the wells.

You can read our story at: Foothill Water Colation Story

Charles

Water is the driving force of all nature. - Leonardo da Vinci

Note: The Yuba Fire Safe Counsel is the best resource for information on how to protect one's property from fire.

8/1/22

Water District Update 8/1/22

Hello,

The cat is out of the bag, the North Yuba Water District has filed a petition with the State Water Resources Control Board to sell 15,000 acre-feet of water to half a dozen water districts in the Central Valley. This water is worth millions. The District prefers to sell water South for top dollar rather than provide water to Dobbins/Oregon House and the family farms who are its rightful customers.

Meanwhile, the District is stalling with allowing the water from South Feather to be wheeled through their system for the irrigation customers. The District is saying it will require a stream bed alteration permit for the OH-D diversion point. Never mind that the District has been doing exactly this for years to provide water from Dry Creek.

Obfuscate, delay, and a disingenuous narrative are the watch words of this water district led by Gary Hawthorne, Donnie Forguson, Doug Neilson, Chris Cross, and Ginger Hughes.

Elections are coming in November. Is it time for new management at the NYWD?

See the attached Petition and Dr. Israel Perla's Guest View: 'Grave mismanagement' at North Yuba Water District in the Appeal-Democrat.

Charles

If you steal water you can't hide the dampness - Balochi Proverb

8/13/22

Water District Update 8/13/22

Hello,

The November elections for the North Yuba Water District is now closed. The slate is:

Division 1 - Alton Wright, Renee Wood vs Doug Neilson (appointee incumbent)
Division 2 - Steve Ronneberg vs Chris Cross (appointee incumbent)
Division 4 - Marieke Furnee vs Gary Hawthorne (incumbent)
Division 5 - Sarah Napierski, Ann Plumb vs Ginger Hughes (appointee incumbent)

The current incumbent for Division 4 is Donnie Forguson. However, since Gary Hawthorne, who is the Division 3 Director, lives in Division 4, he has decided to run for the Division 4 seat.

It is unclear if Hawthorne loses whether he will still keep his Division 3 seat. This state of affairs came about because the division map, which the District crafted and filed last year, grouped all the irrigation voter customers into Division 4 and out of Division 3. As intended, this disenfranchised the irrigation customers from having two representatives to having only one. If this all sounds contrived that is because it is.

It is likely Crystal Martin, the District's publicist, had a hand in the North Yuba Water District's version of musical chairs.

On the offer by South Feather to sell surplus water to the irrigation customers, the District is claiming a stream bed alteration is needed for diverting water from Dry Creek into the man-made OH-D canal. This is a design feature, no permit is needed and the District knows this.

The District is stalling so it doesn't have to deliver water. This surplus water offer from South Feather discredits the District's contention there is no irrigation water because of drought conditions and the District has stopped trying to push this misleading narrative.

On the petition to the State Water Resources Control Board to sell 15,000 acre-feet South to seven Central Valley irrigation districts, South Feather Water & Power Agency has some conditions. It is not known when the issues might be resolved.

In other news, Yuba County is accepting applications for a grant for a Yuba County Foothill Community Supported Food System Needs Assessment.

Also in November, there are two Director seats up for election for the Dobbins Oregon House Fire Protection District. There are three people running, Lani Pessoa, Gary Hawthorne, and Charles Sharp. The two candidates that get the most votes will win the seats.

If you want to contribute to helping these efforts to restore our water, you can send a check to: Foothill Water Coalition, PO Box 1014, Oregon House, CA 95962

Thank you,

Charles

8/18/22

North Yuba Water District Water Sales (8/18/22)

North Yuba Water District Directors Gary Hawthorne, Donnie Forguson, Doug Neilson, Chris Cross, and Ginger Hughes have been busy arranging to sell water to six Central Valley water districts including, Westlands Water District, Eagle Fields Water District, Mercy Springs Water District, Panache Water District, Pacheco Water District, San Luis Water District and to the Bay Area Byron-Bethany Irrigation District.

At a minimum of $500 an acre-foot, the 15,000 acre-feet the District wants to sell is worth at least $7.5 million. The has been no indication from the District what it plans to do with the money.

Attached is the draft agreement with Westlands Water District. At their board meeting on Tuesday, August 16, Westlands voted to accept this water sales agreement.

Elections are afoot. On the slate are:

Division 1 - Alton Wright, Renee Wood vs Doug Neilson (appointee incumbent)
Division 2 - Steve Ronneberg vs Chris Cross (appointee incumbent)
Division 4 - Marieke Furnee vs Gary Hawthorne (incumbent)
Division 5 - Sarah Napierski, Ann Plumb vs Ginger Hughes (appointee incumbent)

8/25/22

Water District Update (8/25/22)

Hello,

The North Yuba Water District met today at their new time, the fourth Thursday at 10:30 am. It was a nothing burger kind of a meeting except for the public comments, which were colorful. One of the comments noted that attorney-client privilege for the District's publicist, Crystal Martin, had been unasserted by the District's legal counsel Boutin Jones. Unasserted is legalese for she no longer enjoys attorney-client privilege as a litigation consultant.

Not that the District would, as this would be illegal, but this means any funding by the District for promoting the incumbents would be revealed in Ms. Martin's deposition. Hopefully, the District will not cross that line. This means the incumbents will have to pay for their promotion like everyone else. This is only fair.

The District has signed agreements with a number of the half-dozen Bay Area and Central Valley water districts to sell 15,000 acre-feet of water. This includes Byron-Bethany Irrigation District, Westlands Water District and others. This water is worth many millions of dollars. The District will not say what it plans to do with the money. There still remain some legal and bureaucratic obstacles to overcome before the District can sell this water, but they are working hard at it.

This is water that could be used for better fire protection, expanded farming, and recharging the aquifers. Ironically, Gary Hawthorne is running for the Water District Division 4 seat and concurrently to keep his appointed seat on the Dobbins/Oregon House Fire Protection District. If this seems like a conflict of interest, that is because it is. Please vote accordingly.

The water-wheeling agreement is stuck on gravel. The District is demanding a stream bed alteration permit so water can be diverted from Dry Creek to the OH-D diversion canal near Brownsville. This is a stalling tactic. The diversion structure is man-made and moving the gravel out of the way was the way it was designed to work. No permit is needed and the District knows this. This is another example of the General Manager's alleged prejudice against the irrigation customers.

Charles

8/30/22

Water District Special Meeting (8/30/22)

Today at 10:30, the North Yuba Water District is having a special meeting to declare a water surplus and to vote on selling 15,000 acre-feet of water to six Central Valley water districts, and to Byron-Bethany Irrigation District in the Bay Area. The strike price to Byron-Bethany is $833 an acre-foot make this water worth over $12 million.

The Directors, Gary Hawthorne, Doug Neilson, Donnie Forguson, Chris Cross, and Ginger Hughes are saying, "Even as we refuse to deliver water to our customers, we have a water surplus and we are not going to tell you where the money is going either". Elections are coming in November.

Curiously, the amount of water the District is asking from South Feather is 15,500 acre-feet and the amount they are selling is 15,000 acre-feet. Where is this additional 500 acre-feet going? Could this water be going to be some off-the-record side deal? The District is not saying.

By the way, Gary Hawthorne is also concurrently running for the Dobbins/Oregon House Fire Protection District board. If this seems like a conflict of interest, that is because it is.

The water the District is trying to sell could be used for better fire protection, supporting local farmers and to help recharge the collapsing water table.

"Take their water, take their money" is the motto of the No Yuba Water District.

The Zoom meeting link can be found on this page: ahttps://www.nywd.org/meetings

8/31/22

Water District Special Meeting (8/31/22)

By the way, Gary Hawthorne is also concurrently running for the Dobbins/Oregon House Fire Protection District board. If this seems like a conflict of interest, that is because it is.

The water the District is trying to sell could be used for better fire protection, supporting local farmers and to help recharge the collapsing water table.

"Take their water, take their money" is the motto of the No Yuba Water District.

The Zoom meeting link can be found on this page: https://www.nywd.org/meetings

9/1/22

Water District Update (9/1/22)

Hello,

Attached is the Appeal-Democrat article, "NYWD votes to sell water". Also attached is the latest edition of Steven Dambeck's Yubakami newsletter. Steven was able to interview well known writer Mark Arax who, regarding the North Yuba Water District, says:

"But yours is beyond the pale: the guy must live inside some bunker, or at least has the arrogance to fell above having to answer to any one. What is unique in your situation, is that Mr. Maupin only doesn't answer to the public, he doesn't even answer to the farmers."

It seems the NYWD has the distinction of being the only irrigation district in all of California that does not even answer to its farmers.

It should be noted that, even though the District has these agreements to sell water, the matter still has to go before the State Water Resources Control Board in Sacramento. This hearing has yet to be scheduled.

In November, the incumbents Hawthorne, Neilson, Cross, and Hughes are up for election. Consider if you want these people to continue to represent your interests on the water district board.

Charles.

9/24/22

Special Notice (9/24/22)

(This ran in the Appeal Democrat today)

Letter to the Editor: Re: North Yuba Water District

When you vote (and mail-in ballots are on their way to you), please take a close look at one set of down-ballot races. The election for the North Yuba Water District Board will determine, in a real and lasting way, the future of the Yuba Foothills. And what happens in the foothills will forever impact the rest of Yuba County.

The incumbents – Hawthorne, Hughes, Cross and Neilson – have decided to sell our water to large industrial farmers in the south; contracts have already been signed. The challengers – Furnee, Ronneberg, Wright and Plumb/Napierski – are united in their determination to keep the water here, for use in farming and fire-mitigation.

You probably know that there are great small farmers in the foothills: fruits, vegetables, wine, olive oil, meat, cheese and baked goods. Yuba County sees the value in promoting this premium production, evidenced by the just-released grant for the study of a food-hub to be located there; and success in the foothills would directly benefit the economy of Marysville and environs.

With water flowing, the future for small foothill ag is bright, with all the associated benefits of local jobs, fire mitigation and sense of community. If that water is sold to others, there is simply no attractive future for the foothills and its inhabitants.

I urge you to vote for new blood on the board. And don’t take my word for it: there is a meet-the-candidate gathering on September 29th, 5-7 pm at the Alcouffe Center, hosted by Supervisor-Elect Messick, to which all candidates are invited. You can ask the incumbents yourself why they would impoverish our community by shipping our invaluable water to rich farmers in the south.

Steven Dambeck

Oregon House

Letter to the Editor: Re: North Yuba Water District

10/2/22

Water District Update (10/2/22)

Hello,

There was a moderate but enthusiastic turnout for the candidate's meet and greet hosted by Supervisor elect Jon Messick. Were voters' minds changed or were they left somewhat confused? Perhaps a bit of both.

Remember that the only reason there is no water for the farmers is that the North Yuba Water District General Manager does not want to provide it. It's that simple.

Turns out that, although the District has been trying very hard to sell its water, insurmountable legal issues have made it virtually impossible for any water to be sold at this time. Also, keep in mind, the District wants to build a pipe that can only provide about 1/5th of the Districts water ensuring the other 4/5ths will never be available for our farmers. This is the wrong project. There are better solutions that will provide almost all of the District's water for our farmers.

In other news, Yuba County has granted funding for Steven Dambeck's food-hub research project. A successful food hub, at scale, is dependent on the water district providing all the water.

The Foothill Water Coalition endorses the candidates Alton Wright, Steve Ronneberg, Marieke Furnee, Sarah Napierski or Ann Plumb.

Charles

10/16/22

Election Update (10/16/22)

Hello,

The ballots are out, and people are voting. Jon Messick, the Fifth District Supervisor elect has posted this on social media:

North Yuba Water District

As your Yuba County District 5 Supervisor elect and Yuba Water Agency Director elect I was asked to look into the North Yuba Water District’s lack of irrigation water delivery to it’s irrigation customers. As a farmer myself and a share holder in the Hallwood Irrigation District I know the importance of reliable irrigation water to farmers and ranchers.

I have had several meetings with anyone that would agree to meet with me and gathered as much information as I could. I have copies of both Engineer’s reports for the different pipes of the Forbestown ditch. What I was not able to ever find was any engineer’s report or study that would look at the entire Forbestown ditch and Oregon House ditch and provide any other solutions to mitigate water loss and deliver the entire water rights into Yuba County at a more cost effective solution.

A little insight on the Yuba Water Agency. The Yuba Water Agency’s mission is to help facilitate water delivery to every parcel it possible can in Yuba County. The Yuba Water Agency will often pay 100 percent of Engineering and studies for water projects and then pay a percentage of construction costs of these projects. The Yuba Water Agency is owned by you and me. It is our resource and you have elected me to watch over this resource and spend the revenues productively, not waste it.

The Yuba Water Agency offered to pay for an independent engineering firm to do a full study monitoring the Forbestown ditch and Oregon House ditch every quarter of a mile or less and figure out where the majority of the water losses are happening and then come up with a plan to deliver all of the water that North Yuba Water District is entitled to while mitigating the losses to below the state acceptable amounts. This study and report would be 100% funded by the Yuba Water Agency, and then the Yuba Water Agency would consider funding a substantial amount of the construction needed to deliver the water down the Forbestown ditch and Oregon House ditch.

The current North Yuba Water District board of directors rejected that offer. On top of them rejecting that offer they were also granted $105,000 last year for an engineering report to research the water rights of the North Yuba Water District. The current North Yuba Water District board has turned the bill into the Yuba water agency for payment but refuses to turn in the report which is required for payment. Although this is saving the Yuba Water Agency $105,000 it is costing the rate payers of North Yuba Water $105,000.

It is my feeling that without a full study conducted by an outside engineering firm we will never know what the best solution would be, and I would be hard pressed to vote to spend millions of your dollars to build a pipe if there is a better solution. The same should hold true for you rate payers. The current board has indicated they no longer wish to work with the Yuba Water Agency for funding of water projects. That stance is fiscally irresponsible on their part. Why any board member of the North Yuba Water District would turn down 100% financing of engineering studies and then 50% or more of funds for construction is beyond me. It’s already your money, so by turning away from that the rate payers are going to have to pay that money. The current board says they are seeking other partners for the funding. Wouldn’t it be great if they could combine Yuba Water Agency money with other sources. There are so many needs in the North Yuba Water District, both ditches need major repairs. Water tanks need replaced. And a long term plan for replacement of the domestic piping needs to be addressed. So many water projects that the Yuba Water Agency could fund the engineering for and fund a large percentage of construction. As the current North Yuba Water Board refuses to engage with the Yuba Water Agency and has chosen to refuse such a large funding source I feel they are being fiscally irresponsible. And for these reasons I am endorsing:

Steve Ronneberg for North Yuba Water District, Division 2

Marieke Furnee for North Yuba Water District, Division 4

Alton Wright for North Yuba Water District, Division 1

Ann Plumb and Sarah Napierski for North Yuba Water District, Division 5

If anyone would like to discuss this with me please feel free to reach out. I would be happy to meet anyone.

Sincerely,
Jon Messick
(530) 682-7160

10/20/22

Furnee Guest View in Appeal-Democrat (10/20/22)

Guest View: NYWD’s denial of irrigation delivery was based on false premises

By Marieke Furnee / Special to the Appeal Oct 19, 2022 Updated Oct 19, 2022

On April 14, North Yuba Water District (NYWD) declared, via a letter to customers, that an irrigation delivery was not possible this year.

“In order to have an irrigation season we must have water available to divert both from the Forbestown Ditch and from Mother Nature through Dry Creek for a combined total of 12 CFS (cubic feet per second). Due to the drought, we do not have this,” NYWD General Manager Jeff Maupin said in a statement as to why the 2022 irrigation season was canceled.

Now that we have access to NYWD’s own water measurement data via a public records request, we can see that what NYWD stated may have been very far from the truth.

On April 14, data suggests that enough water was available in Dry Creek (7.8 cfs) to combine with available Forbestown Ditch water (around 7 cfs) and divert more than enough water to open the irrigation season.

The data also suggests that the aforementioned threshold of 12 cfs, which is only needed for a couple of weeks to wet the ditches, was easily available all through May 12. Mother Nature was indeed generous with the late April rains and runoff.

Under previous management, a continuous delivery was achieved with 7 cfs diverted through the Forbestown Ditch all through the summer months. This would also have been possible for Oregon House and Dobbins this summer, as the Forbestown Ditch was only used at half capacity this year and data from South Feather shows that 7 cfs would have been available to divert for NYWD irrigation at any time, should NYWD have chosen to use it.

Now that we have seen the numbers on paper, it sure looks like the lack of water delivery, while harming people’s livelihoods, was not due to a lack of water.

Local farmer Steven Dambeck said, ”It is unacceptable – but by now unsurprising – that NYWD lied about water availability and again denied its delivery to local farmers and ranchers. Money was spent unnecessarily on feed for livestock and crops went unplanted. I hope there is a way to make NYWD accountable for these expenditures and to give restitution to the farming community.”

And to the question “Why?”

That is and remains a mystery, since NYWD is so non-transparent at this point. We may never know.

But it is plausible that this denial of service is a strategic decision that NYWD may have made behind closed doors before the season even began. It was not a decision made upon observations in the field – that changed dramatically when April delivered such productive rains.

What strategy?

For one, NYWD appeared to use its failure of yearly deliveries as a powerful argument for the state to grant them an environmental rules exemption for their plastic pipe project and it was indeed granted.

Did it look better on the application to appear to simply not be able to deliver water this year? Likely.

Another possibility, NYWD was planning to sell water out of the county to Delta Water districts since early this spring. Did it look better on paper that there would not be any upstream water users so the water could be declared “surplus” and the sale would be easier?

We don’t know, but what we do know is that livelihoods were harmed, fire safety compromised and trust in government was eroded.

Marieke Furnee of Oregon House is running for the North Yuba Water District Division 4 seat in the Nov. 8 general election. Furnee is facing off against Gary Hawthorne.

Guest Opinion

10/25/22

Voter Update (10/25/22)

The State has established the Fair Political Practices Commission (FPPC) to help ensure elections are fair and equitable.

One of the rules is that public agencies cannot use taxpayer money to engage in political campaigning and mass mailing newsletters to voters.

The law reflects the notion it is unfair for public officials to use public resources to enhance their visibility and name identification with potential voters. For this reason, California law forbids sending mass mailings at public expense. This is exactly what the North Yuba Water District Fall 22 newsletter does. This is illegal. You can see the newsletter here: Newsletter

The Yuba County District Attorney Clint Curry has the authority to investigate and prosecute such violations.

A request - please consider writing, emailing, and/or calling Mr. Curry and letting him know you want him to investigate the North Yuba Water District's newsletter for violating FPPC rules. Below is a sample letter. Thank you, Charles

Clint Curry, Yuba County District Attorney, 215 5th Street, Marysville, CA 95901

ccurry@co.yuba.ca.us

530 749-7770

Mr. Curry,

Would you please investigate the North Yuba Water District's Fall 2022 newsletter for violating the rules on a public agency mass mailing out campaign literature in an attempt to sway people to vote for the NYWD's President.

Thank you, (name) (city)

10/26/22

Special Request (10/26/22)

Hello,

A couple of requests.

Please let us know at contact@foothillwatercoalition.org if you received a Fall 22 North Yuba Water District newsletter and how it was addressed.

If you received one of these anyomonus letters about Marieke or anyone else, please take a picture, send it to contact@foothillwatercoalition.org, and keep the envelope.

Also, if you received a postcard in your bill supporting the incumbents, could you let us know at contact@foothillwatercoalition.org

This is evidence.

Thank you,

Charles

10/29/22

Election Tampering (10/29/22)

Hello,

The anonymous letters many are wondering about were orchestrated by the North Yuba Water District's publicist Crystal Martin. Martin has the voter address list from which this label was printed. Please, please, keep the envelope. The printed address label is evidence.

Many think that election tampering only takes place at the ballot box. Not true. Public agencies are forbidden to produce campaign material as the NYWD's Fall 22 newsletter does. If you received one, please keep it, it is evidence, which could be used to prosecute and hold the NYWD Directors accountable.

Yuba County Election Tampering

Public funds are being used to sway voters in for several Foothill elections. The names of multiple candidates seeking election for the Water Board and Fire Board are listed in the North Yuba Water District's Fall 22 newsletter. This newsletter was mass-mailed to the District's voters and highlights the lawsuits against the District and what it has cost the District. The newsletter is produced by the District's publicist Crystal Martin of Smart Marketing. See: News

The North Yuba Water District fails to mention is their newsletter is attacking two active political candidates who are both running against the Chairman of the Board for the North Yuba Water District whom himself is seeking re-election to both the North Yuba Water District and the Dobbins/Oregon House Fire Protection District. The irony is that a Water District Director, who refuses to deliver water to his customers, is putting them at greater risk of becoming victims of wildfires, and also wants to keep his seat on the Dobbins/Fire Protection District, cannot be ignored. To avoid spending his own money on his campaigns to retain his two elected seats, it appears that the Chair is letting the ratepayers at the North Yuba Water District foot the bill for his re-election bid.

Why is it not a surprise that this Election tampering is allowed to take place in Yuba County, while elected officials turn the other cheek? Donna Hillegass the new County Registrar and Yuba County Sheriff Wendell Anderson hired Ms. Martin to run their political campaigns, Sheriff Anderson has openly endorsed the Chairman of the North Yuba Water Board. This "old boys club" spans across multiple Yuba County elected offices and officials who allow themselves to be controlled by Martin rather than representing their constituents. They fail time and time again to do the right thing for Yuba County out of fear that she will find someone to run against them in an upcoming election if they do not follow her strangle-hold agenda, as happened with Brent Hastey at the Yuba Water Agency.

Questions abound. Will Donna Hillegass accept and certify the results of the North Yuba Water District and Dobbins/Oregon House Fire Protection District races, despite the attempts of the North Yuba Water District Board to alter the outcome of the Election by using public funds to sway voters? Will the District Attorney, Clint Curry, investigate North Yuba Water District's use of public funds to interfere with the outcome of the Election? Will the voters re-elect a Water Board Director who is also a Fire Board Director that will not deliver water for fire prevention and protection to his customers?

Charles

11/2/22

Last minute fund raising and party (11/2/22)

Hello,

We are planning a last minute fund raising event at Frenchtown Inn on Sunday at 5 pm. Several candidates will be there. Please RSVP to Marieke at: mariekefurnee@yahoo.com

Directions: The address is 9858 Frenchtown-Dobbins Rd. Proceed on Frenchtown Road towards Brownsville. You will pass Thousand Trails on your left. You will then come to a narrow one-lane bridge. Just after crossing the bridge, "Frenchtown-Dobbins Road" will be on your right. Turn right onto Frenchtown-Dobbins Road. Proceed for about 1/2 mile, to the entrance on your right.

Charles

11/7/22

Election Eve (11/7/22)

It is election eve. The Foothill Water Coalition recommends voting for Furnee, Ronneberg, Wright, Plumb or Napierski. It should be apparent by now that the sell-the-water incumbents are not interested in what the community, and people the District serves, want. Jon Messick and Charile Mathews have also endorsed these candidates.

Charles

11/17/22

Election Update (11/17/22)

Hello,

We won the water! Let that sink in, we won the water, we won all the water, and the prosperity the water will bring to everyone.

In January, there will be four new directors on the North Yuba Water District Board who will all work together to deliver water to the District's customers. Not only the historical amount of water but four to five times more than ever before, if my math is correct. There will be full seasons of water.

This means more water for more farming. So, you might say, what does this mean for me? Much! As the water flows, a sense of opportunity and cooperation will come to be. A regional food hub will take hold and grow roots, literally, bringing more prosperity to the Yuba Foothills. All this will take work, but the water will make it possible.

However, winning the water did not come without up-front out-of-pocket costs. Mailers, print ads, and marketing services all cost money, thank you very much Sapphire Marketing. So, an ask, to show appreciation now, and for the yet-to-be future appreciation, could people help with some of the costs?

If your donation is for less than $100, there are no FPPC reporting requirements, otherwise, it's a little more complicated. You can mail a check to:

Foothill Water Coalition, PO Box 1014, Oregon House, Ca 95962

You can also contribute through the Foothill Water Coalition website at:

~~Contributions~~

The Foothill Water Coalition is registered with the FPPC as a 410 Recipient Committee which means the accounting is fully transparent and publicly available.

Thank you,

Charles

12/2/22

Election Final 12/2/22

Hello,

All the votes have been counted. The North Yuba Water District has four brand-new directors. On Tuesday, as its final action, the former board dismissed the General Manager without cause. As the severance document was not included in the agenda, it is not yet known what he was paid.

But, onward, something wonderful has happened! The new board will bring our water back in April. And, more than that, by my calculations, there will be four to five times more water than ever has been available before. First things first, the existing farmers will get have a full season of water this year as the district plans on how to expand water deliveries in the future. Our water is in good hands. Will the community be a part of this? Absolutely. Gone are the days of secret plans sprung on people with scant 24-hour notice.

With the water and developing food-hub, the Yuba Foothills is well on its way to food sustainability. What does a farmer want? Sun, soil, and water. This we will have in abundance. There will be cows for milk and bees for honey, plus potatoes, all kinds of vegetables, olives, and, of course, wine. The future for our current farmers and future farmers is looking bright. Least we not forget, there will be water for better fire protection. Not just fire hose water, but water for cultivated areas that can create passive firebreaks.

With that said, please keep in mind how all this came to be. A few people put forth their time (lots of time) energy, and money to ensure an overwhelming win to secure the rights to our water today, tomorrow, and for the foreseeable future. Any contribution to help cover some of the costs to get out the vote would be appreciated.

See: ~~Contributions~~

Charles

12/9/22

Water District Update (12/9/22)

As a result of four new directors, much has happened with our water district in the last couple of weeks. Marieke Furnee has been elected the President and Ann Plumb the Vice-President.

As one of its last actions, the General Manager has been dismissed without cause by the previous board. At this time, it is unknown what his severance package was. Legal counsel Michael Vergara has resigned and Paul Boylan, an attorney from Davis, has been retained as interim legal counsel for the water district.

The newly elected North Yuba Water District Board held its second meeting on Thursday and the first one open to the public in years. Not present was Director Hawthorne. Commencing at 5:33, the first item on the agenda was to address the time intervals for public comment. After much discussion, it was decided to allow everybody up to 4 minutes at the beginning of the meeting, comments on agendized items, and to reinstate a public comment at the end of the meeting. It was also agreed that these time limitations would be flexible, allowing for some extension if it seemed appropriate.

Next on the agenda was consideration of retaining Paul Boylan as the District's interim legal counsel. This seemed like a good idea as the District had no legal counsel at the moment because, apparently seeing no future for himself, the District's legal counsel Michael Vergara, had resigned.

Alton Wright led off the discussion about retaining Mr. Boylan. After pointing out that Mr. Boylan was very familiar with the North Yuba Water District he said Mr. Boylan would be the most frugal way for the District to have the sound legal advice it needed. Being Dutch, Mr. Furnee then followed up by saying Mr. Boylan would save the District a "boatload" of money. The Board then voted unanimously to retain Mr. Boylan, for the time being.

Prior to the director's deliberation, John Brueggeman raised his online hand and attempted to discredit Mr. Boylan by quoting a ten-year out-of-date hourly rate. Mr. Boylan decisively addressed Brueggeman's comment. As Brueggeman has done many times before, his statements are misleading and deceptive. Brueggeman cannot be trusted. It is, however, amusing he keeps on trying. We should take anything Mr. Brueggeman says for amusement purposes only.

The meeting was refreshingly open, civil, and considerate of the public. Jon Messick, the Fifth District Supervisor elect was present and made several constructive comments. One could feel the power in the room, power that will be used in the best interest of the people and the communities the District serves.

Any donations to help defray some of the expenses to get this new board in place would be appreciated. See: ~~Contributions~~

There are some pictures attached.

Charles

12/27/22

Hello,

The Foothill Water Coalition is winding down. The bank account has been closed and the 410 Recipient Committee is shuttered. It has served its purpose - to bring new management to the water district who are thoughtful, prudent, transparent, and will deliver the water. The website, Foothill Water Colalition will continue as a historical record.

I began these email posts a year and a half ago to help people understand the facts of what was going on with the water district and to counter the emotionally charged deceptive and misleading narrative coming from the water district and supporters thereof. The effort paid off. When it came time to vote, the voters had the information to make an informed decision for whom they wanted to be in control of the water.

Attached is a letter from South Feather Water and Power Agency addressing the two special meetings held on November 18 and November 29. In the letter, South Feather's Legal Counsel Dustin Cooper describes, in great detail, how these meetings to amend the General Manager's contract violated the Brown Act. South Feather played a pivotal role in stopping the sale of water and has consistently supported the efforts to provide water to the farmers in the foothills.

If the Directors at the time did not know this, it is only because they did not want to know. In all likelihood, to avoid his own culpability, Michael Vergara, the District's Legal Counsel at the time, would have informed the directors. However, legal advice is just that, advice, to be followed or not as the client wishes.

What happened is these Directors voted to increase the manager's salary by $8,339 a month which amounts to $150K over 18 months. In total, the manager received a lump sum payment of $330,000 and he is gone. I believe these resolutions will not stand should they be challenged.

It appears that the community might have come very close to losing all of the water permanently. That is not what the district was saying but that is what they were doing. The lawsuits were critical in stopping the piping project and encumbering the district until a regime change could be put in place.

Since 2017, the people at the water district knew the water was worth millions and did everything they could to get this money. When support from the Yuba Water Agency broke in April/May, this was the beginning of the end of the General Manager's control.

The district's narrative was "We are the victims of all these people causing us so much trouble and money". In fact, the farmers were the victims of the water district in its zeal to sell $12 million dollars worth of water. The district never said what they would do with the money while the directors claimed, "We are innocent".

At the Special Meeting on December 20, the new directors voted to ask South Feather for mutual aid to improve the flow of water down the Forbestown Ditch. It is expected South Feather will be happy to help. This means the farmers will have a full season of water in 2023. This could have been done years ago if the General Manager had wanted to.

Not only will the historical amount of water be restored but 4 to 5 times more water will be available to finally offer water to all of the annexed property owners. In short, the water district will be serving its customers after a 12-year hiatus and a near brush with losing the water forever.

Charles.

Minassin Cure and Correct Letter