FWA CEO Testimony Before the House of Representatives Subcommittee on Energy and Water Development and Related Agencies

Testimony of
Jason Phillips, Chief Executive Officer, Friant Water Authority 

Before the
House of Representatives Subcommittee on Energy and Water Development and Related Agencies 

Public Witness Written Testimony 

March 31, 2020 

My name is Jason Phillips, and I am the Chief Executive Officer of the Friant Water Authority in California. The Friant Water Authority (Authority or Friant) is a public agency formed under California law to operate, maintain and replace the Friant-Kern Canal, a component of the Central Valley Project (CVP) owned by the Bureau of Reclamation (Reclamation) and to represent our members in federal or state policy, political, and operational decisions that could affect the Friant Division’s water supply. Our goal is to provide dependable, sustainable water from Millerton Reservoir to Friant Contractors. 

Thank you for the opportunity to share Friant’s views on the potential funding priorities for the Fiscal Year (FY) 2021 for the Energy and Water Development appropriations bill. Friant is particularly well positioned to comment on the topic of appropriations to support investments in infrastructure, given: (1) our role as the local operator and responsible agency for the Friant-Kern Canal, and (2) the significant water-related challenges Friant and others face in the San Joaquin Valley (Valley) and elsewhere in California. 

The 152-mile-long Friant-Kern Canal and the 36-mile-long Madera Canal, together with Friant Dam and Millerton Lake on the San Joaquin River, form the Friant Division of the Central Valley Project. On average, the Division delivers 1.2 million acre-feet of irrigation water annually through the Friant Kern Canal and the Madera Canal to more than 15,000 farms on over million acres of the most productive farmland in the world. Friant Division deliveries also are vital to meeting the domestic water needs of many small communities in the San Joaquin Valley, as well as larger metropolitan areas, including the City of Fresno – California’s fifth-largest city. 

The Friant Division was designed and is operated as a conjunctive use project to convey surface water for direct beneficial uses, such as irrigation and municipal supplies, and to recharge groundwater basins in the southern San Joaquin Valley. The ability to move significant water through the canals in wetter years to store in groundwater recharge basins is critically important for the project to work as intended. 

The San Joaquin Valley is home to about 5 million acres of productive, irrigated farmland and includes 4 of the top 5 agriculture-producing counties in the United States. More than half of all produce and nuts grown in the United States come from the Valley. The Valley’s economy is largely centered around agriculture. 

Over the past 30 years, federal and state regulations redirecting surface water away from agriculture to flow through the Sacramento – San Joaquin River Delta (Delta) in an attempt to address declining fish populations have forced San Joaquin Valley water users to rely more heavily on groundwater supplies to maintain economic viability. Additionally, in 2014 the State of California imposed new groundwater regulations that will severely restrict future use of this supply, including during droughts.

The resulting human impacts looming on the horizon are nothing short of catastrophic. A study by Dr. David Sunding, Thomas J. Graff Professor in the College of Natural Resources at the University of California, Berkeley, estimates that the Valley’s water imbalance will result in retirement of up to 1 million acres of currently productive farmland. As a result, the state is poised lose 85,000 jobs annually, with 45,000 of those losses occurring to Valley farmworkers, farm managers, and people in the agricultural service sector. This is equivalent to an increase in the regional unemployment rate of about 4% per year annually. The associated annual wage loss is estimated at $2.1 billion. Annual farm revenue losses are estimated at $7.2 billon. 

From 2012-2015, the Valley’s water imbalance problem was compounded as California weathered its worst drought on record, and many farms and communities faced severe cutbacks to their available surface water supplies. This left the San Joaquin Valley in a state of extreme groundwater overdraft, which occurs when groundwater is extracted faster than it is replenished over the long term. 

The effect of overdraft in the Valley has caused subsidence of ground levels in some areas of a foot or more per year which has significantly reduced conveyance capacity of three major canals serving the Valley: the Friant-Kern and Delta-Mendota canals, which are both part of the CVP, and the California Aqueduct, which is part of the State Water Project. 

In the case of the Friant-Kern Canal, a portion of the facility sunk more than three feet from 2013 through 2017 due to land subsidence, and we’ve now lost 60% of our ability to deliver water past this point. The canal is a gravity-fed facility and does not rely on pumps to move water, which means small changes in elevation can have major impacts for water delivery. Subsidence has caused parts of the canal to sink in relationship to other parts. As a result, the canal must be operated at a lower flow-stage to ensure that water does not overflow its banks or several bridge crossings. 

In 2017, 300,000 acre-feet of water could not be delivered through the southernmost third of the canal. Most, if not all, of this water would have been used to support groundwater recharge – a desperately needed and critical function the canal was designed to achieve for the communities and industries that rely on it. 

Action must be taken now to restore access to surface water by fixing the Friant-Kern Canal and other conveyance facilities. For more than two years, we have worked on the planning, design, and permitting for a project to restore the conveyance capacity of the most-severely affected portion of the canal. Current engineering cost estimates are in the range of $500 million simply to address this problem only; addressing other, less-critical conveyance pinches in the canal could cost another $200 million. 

Friant Water Authority is financially responsible for the operation, maintenance, and replacement (OM&R) on the Friant-Kern Canal but the cause of the subsidence impacting the canal is caused by a number of factors that are completely out of our control. Friant cannot afford to pay for this scope of repairs on its own. We have not been able to borrow the large amount of money needed for these repairs from the Federal government due to the lack of appropriated dollars for these loans. We cannot finance the repair through private bonds at an affordable rate because we do not own the canal itself as an asset. Instead, we are pursuing a multipronged approach to build a partnership of local, state, and Federal investment in restoring the canal’s conveyance capacity. In fact, we are working with the State of California to secure a state investment in the Friant-Kern Canal capacity correction project.

We understand the constraints that Federal agencies and the Congress face in funding or financing infrastructure projects. However, we would like to propose a few recommendations that would help on the Friant-Kern Canal capacity correction project and many others like it: 

  • The Congress should work to appropriate significant funds for long-term affordable loans, authorized under P.L. 111-11 to address aging federal water infrastructure repairs, such as the subsidence-driven conveyance challenges in for the Friant-Kern Canal and other affected infrastructure in the West, since these facilities are owned by the Federal government. 

  • Low-interest loans for water infrastructure, such as those available through the U.S. Department of Agriculture and U.S. Environmental Protection Agency under the WIFIA program, should be made available to local agencies with transferred works agreements, as they are legally responsible to pay for this work on federally owned facilities.

Even with these policy changes and the infrastructure improvements they support, more must be done. The Friant-Kern Canal represents only a small fraction of the overall solution to this larger crisis in the Valley. The directors, staff, and communities served by the Friant-Kern Canal stand ready to work with you and your colleagues to find solutions to help keep the breadbasket of the world productive and to keep food on America’s tables. 

Thank you, 

Jason Phillip, CEO
Friant Water Authority 

A Path Forward to Repair the Friant-Kern Canal

On November 19, 2018, Jason Phillips, Chief Executive Officer of Friant Water Authority, sent the letter below to all Friant Division contractors regarding the organization’s plans and next steps for restoring capacity of the Friant-Kern Canal. A PDF of the letter is available here.

November 19, 2018

Dear Friant Division Contractors:

On November 6, Proposition 3 – which would have helped the San Joaquin Valley repair vital water infrastructure, achieve groundwater sustainability, and secure clean drinking water for our most vulnerable communities – did not pass in the statewide general election. In addition to fixing the Friant-Kern Canal, Proposition 3 would have provided hundreds of millions for other Valley-wide water infrastructure, $640 million to help local agencies comply with the Sustainable Groundwater Management Act (SGMA), and $750 million for clean drinking water for disadvantaged communities, many of which are in the San Joaquin Valley.

The measure’s failure to pass is a major setback to the Valley and only compounds our water crisis, which will become increasingly evident in the very near future. More acutely for many Friant contractors, it means that a needed source of funding we were hoping would help address critical subsidence-driven damages on the Friant-Kern Canal and restore its as-designed conveyance capacity will be unavailable. Nonetheless, we appreciate our elected officials and civic leaders who fought for Proposition 3 and our Valley, and we are committed to working with them as we move forward to find solutions that will protect our economic and environmental future.

The Friant-Kern Canal is the largest artery for water on the eastside of the Valley. It is part of an economic engine that powers our economy and provides tremendous benefit locally, statewide, and nationally. Ballot initiatives are always a risk but failing to fix the Friant-Kern Canal is not an option for Friant Water Authority, the districts who rely on it, and the communities it supports. As such, Friant Water Authority is moving forward on several fronts regarding repairs to the canal.

Prior to the peak water season deliveries in 2019, Friant Water Authority is scheduled to complete immediate interim repairs on the areas of Friant-Kern Canal most impacted by subsidence. Completing these repairs will increase the carrying capacity of the canal Friant-Kern Canal south of Porterville from Avenue 96 through Road 80 by as much 300 cubic feet per second, which is nearly a 20% increase from the capacity seen over the last few years. Funding for these repairs will come from $7.2 million already provided by the Bureau of Reclamation for this project last year and construction should begin by the end of this year.  

Construction work necessary to restore long-term conveyance capacity in the critical areas of the Friant-Kern Canal most impacted by subsidence is scheduled to begin in 2019. These repairs could cost as much as $200 million or more, and there are several options our organization is pursuing to finance the work. The current engineering, design, and permitting efforts are being funded by the Bureau of Reclamation.  Additionally, nearly $20 million will be available in October 2019 for canal construction as a result of the San Joaquin River Restoration Settlement. This, however, still leaves a significant funding gap to complete the critical long-term repairs. Friant Water Authority is continuing to work with our Federal representatives and the Administration to identify funding sources and financing options, including low-interest loans for infrastructure and other opportunities for cost-sharing.

Far more work is necessary in the Valley than just on the Friant-Kern Canal to support a sustainable water balance. The $750 million from Proposition 3 for water conveyance would have only been a small down payment on the infrastructure needs throughout the Valley to make up for the millions of acre-feet each year being over drafted from groundwater aquifers. Given the stakes, now is not the time to delay action. 

Friant Water Authority recognizes the size and stature of the challenges facing all members of the Friant Division as well as districts and growers throughout the San Joaquin Valley. Today we have an opportunity to set aside our minor differences and restore the organizational structure of Friant Water Authority that can best advocate for our collective interests in both Sacramento and Washington, DC. Our members are already discussing several key partnerships with other public water agencies throughout the Valley to jointly consider infrastructure opportunities that can take advantage of storing, conveying, and recharging water whenever it is available. These partnerships will be critical to increasing our water available and reducing the amount of land that will need to be permanently retired as a result of SGMA, the new State groundwater law. 

Over the next few months, the Friant Water Authority Board of Directors will be tasked with determining the amount of work to complete on the canal and the ultimate funding sources it will rely on. This will likely require decisions about how to allocate cost among Friant contractors, no matter which path forward is selected.

Despite the disappointing result on Proposition 3, Friant contractors should feel confident that Friant Water Authority is charting a path to restoring the reliability of the Friant-Kern Canal and will continue to advocate for you, your water rights, and your future. We see the need for unity to face the challenges of the Friant Division in the years ahead. You can expect to receive updates on all of these items in the coming weeks and months.

Sincerely,

Jason Phillips
Chief Executive Officer

Fresno Bee: Valadao, Costa, other Valley leaders rally in support of California water ballot prop

The following article appeared in the Fresno Bee on September 20, 2018. It can be accessed at https://www.fresnobee.com/news/politics-government/election/local-election/article218738990.html.

Valadao, Costa, other Valley leaders rally in support of California water ballot prop

By Rory Appleton
September 20, 2018

A coalition of local leaders gathered Thursday at the Friant-Kern Canal near Millerton Lake to formally launch the Yes on Prop 3 campaign in support of a state water bond they say would bring billions of dollars in much-needed relief to the central San Joaquin Valley.

The speakers included Rep. Jim Costa, D-Fresno; Rep. David Valadao, R-Hanford; Assemblyman Jim Patterson, R-Fresno; state Sen. Andy Vidak, R-Hanford and Fresno Mayor Lee Brand.

“For far too long, we’ve been left out of too many bonds,” Valadao said to open the news conference. “This is a direct funding source that will actually deliver dollars to the community here.”

Proposition 3 would authorize $8.9 billion in general obligation bonds for various infrastructure repair and maintenance programs, wastewater treatment upgrades, safe drinking water improvements and environmental conservancy efforts such as fishery improvements and groundwater replenishment.

The coalition praised specifically a section that would use $750 million to repair the Friant-Kern and Madera canals.

It also voiced support for a provision that would send $250 million to “disadvantaged communities,” many of which are located in the Valley, for wastewater treatment. Another $500 million would address communities that have lost access to safe drinking water, many in the Valley.

Costa, one of few Democrats in attendance, said the bipartisan Proposition 3 “goes a long way in fixing our broken water system.”

“It invests in our future, and you know – that’s the challenge living in California,” Costa said. “We’re living off the investments our parents and our grandparents made generations ago. This is an important step forward.”

Patterson noted that nearly half of the $8.9 billion would be used in the Valley one way or another, which he said is rare because Central California is often left behind in statewide initiatives.

He also foreshadowed grim times for local agriculture should the bond measure not pass.

“Absent this action, almost one-third of the land currently farmed locally could very well go out of production,” Patterson said. “It will devastate our economy. It will kill jobs, and it will put local services in deep jeopardy.”

Proposition 3 requires a simple majority to pass in November. July polling from the Public Policy Institute of California indicated 58 percent of likely voters surveyed would support the new water bond.