[env-trinity] STATEMENT OF WESTLANDS WATER DISTRICT ON SETTLEMENT OF DRAINAGE LAWSUIT

[Tom Stokely]

PRESS RELEASE For Immediate ReleaseSeptember 15, 2015 Contact: Gayle Holman(559) 241-6233STATEMENT OF WESTLANDS WATER DISTRICT ONSETTLEMENT OF DRAINAGE LAWSUITFRESNO - The United States Department of Justice and Westlands Water District haveapproved a settlement, which, if approved by Congress, would end a decades-longdispute over the Bureau of Reclamation’s responsibility to provide drainage for thefarmland within Westlands. It provides a fair and equitable solution for Westlands’landowners who lost the productive use of their land caused by Reclamation’s failure toprovide drainage services to those lands, while at the same time providing a costsavings of approximately $3.5 billion to the United States.The settlement has been the subject of comprehensive review by the Department ofJustice, Department of the Interior and Westlands. After this extensive review, theparties determined the settlement to be the best path forward for the federalgovernment and Westlands and its landowners. Congress must approve the settlementbefore it becomes effective.In the 1960s, the San Luis Act mandated the construction of agricultural drainagefacilities to serve lands covered by the expansion of the Central Valley Project.Construction on the drainage facilities was never completed, and in 1985, the San LuisDrain was closed and drainage service to Westlands was terminated.After years of inaction by Reclamation, Westlands filed a claim against the Secretary ofthe Interior and Bureau of Reclamation to compel Reclamation to provide drainageservice. In 2000, the United States Circuit Court of Appeals for the Ninth Circuit affirmeda decision in favor of Westlands and determined that the Secretary had a mandatoryduty to provide drainage service under the San Luis Act. The settlement approved byJustice and Westlands acts as a global resolution, concluding decades of disputes andlitigation over an environmental problem that has gone unaddressed.The drainage settlement requires Westlands to assume full responsibility for drainagemanagement within its boundaries. Westlands will be required to retire a minimum of100,000 acres of land and to repurpose the non-irrigated lands for environmentallyfriendly uses. The settlement relieves Westlands of repayment obligation for priorexpenditures by the United States for construction of the Central Valley Project.Under the terms of the settlement, the Department of the Interior will overseeWestlands’ management of drainage. The settlement relieves taxpayers of a liability ofapproximately $3.5 billion dollars and caps water deliveries to the District at seventy-fivepercent of its contract amount.Westlands and the United States have agreed to work cooperatively to seek settlementof drainage claims brought by landowners against the United States in Etchegoinberryv. United States, a separate case pending in the United States Court of Federal Claims.However, Westlands will pay any compensation to landowners as a result of asettlement in the Etchegoinberry case, and Westlands will indemnify the United Statesagainst any future landowner claim.The Westlands Water District is the most productive agricultural land in the U.S.,generating $3.5 billion in farm-related economic activities and more than one billiondollars’ worth of food and fiber. Westlands’ 700 family-owned farms feed localcommunities, California and the nation. Agriculture is the bedrock of life and thisagricultural region is a critical asset for California.# # #
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