Agenda Item Wording:
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Consolidated Water District Formation Ballot Measure - Authorization to not submit ballots for a petition to form the Consolidated Water District in parts of Tulare County.
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Deadline for Action: 5/5/2025
Submitting Department: Administration
Contact Name and Phone Number: Leslie B. Caviglia, City Manager, 713-4332; Nick Bartsch, Public Works Director, 713-4052.
Department Recommendation: It is recommended that the Visalia City Council direct staff to remain neutral and not submit the ballots issued in the election to form the Consolidated Water District.
Summary:
The City of Visalia has received two ballots on the petition to form a Water District. The City owns two parcels in this proposed district that represent a total of 563,529 votes (225,194 on one ballot and 338,335 on the second) out of a possible 480,019,368 available votes. This makes the City’s voting share .1174%. The actual percentage impact is dependent on the number of returned ballots and the value of each returned ballot. Vote value is based on land value. One dollar of land value is equal to one vote.
Given the City’s current partnerships and resources with water, and the relatively small representation that Visalia would have in this new District, it is unclear what the direct benefit would be, although if it passes, Staff would encourage Council to have the City partner with and be involved with the District.
However, given that the real parties that have the most vested interest in the District formation are the agricultural interests, staff is recommending that the City follow past practice from similar situations and not participate in the vote, but rather leave the decision of whether to form the district to those most impacted. This is similar to what the City has done with the Downtown property owner district ballots; the City is supportive of the district, pays the assessment on the property in the district, and actively engages with districts projects and programs, but the City has generally not voted, and left that decision to the other property owners who are more directly impacted by the District.
Background Discussion:
On September 4, 2024, the Tulare County Local Agency Formation Commission (LAFCO) approved a proposed Water District Formation and coterminous Sphere of Influence Creation that affected approximately 84,000 acres of Tulare County. The name of the proposed water district is the Consolidated Water District (CWD). The areas affected are roughly bound by the Kaweah River to the north, Road 196 to the east, the Tule River to the south, and the Cities of Visalia and Tulare to the west containing 2,626 parcels and 11 partial parcels. (Map attached as part of petition) The proposed CWD boundaries overlay with the Consolidated Peoples Ditch Company (CPDC), Farmers Ditch Company (FDC), Persian Ditch Company, and Watson Ditch Company, all private water and ditch companies that provide surface water to their shareholders for commercial agricultural production. The City has shares of ditch stock in both Persian and Watson Ditch companies. CPDC currently operates a conveyance facility that is only partially utilized, while FDC lacks sufficient conveyance capacity for its high-flow water rights. The proposed creation of the CWD is intended to provide incentives to the landowners within the boundary to provide them with a superior position to effectuate, operate, and maintain these improvements for better delivery of surface water for agricultural uses and better management of groundwater to mitigate potentially severe economic impacts from the Sustainable Groundwater Management Act (SGMA).
California Water Districts are established in accordance with the California Water District Law, Water Code Section 34000 et seq and are “landowner voter” districts. The formation of the Consolidation Water District is contingent upon a successful election. Each landowner within the CWD’s boundaries was mailed a ballot by the Tulare County Registrar of Voters in April 2025.
The County is voting in favor of the formation, noting that the District could improved management of groundwater resources to better support properties dependent on groundwater, such as the Central Road Yard and Woodville Landfill. The County also believes that the formation could lead to reduced SGMA expenses through the potential transfer of credits from non-groundwater dependent county-owned properties.
City Staff is unclear that there is much of a direct benefit to the City given the partnerships and projects that the City is already utilizing and able to access; however, if the District is formed, staff would recommend that the City be involved and work with the District.
Fiscal Impact:
There is no direct City impact at this time. If the District is formed, there is likely to be an assessment in the future to pay for operations and projects.
Prior Council Action: N/A
Other: N/A
Alternatives: To direct staff to submit the two ballots in favor of the District formation, or to direct staff to submit the two ballots in opposition to the formation of the District.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to direct staff to remain neutral and not vote in the election to form the Consolidated Water District.
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Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
Petition for Formation of Water District
Proposed Water District Map
Publication: Notice of Election
Water Ballots