LAFCO
Firebaugh Canal Water
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FIREBAUGH CANAL WATER
DISTRICT
MUNICIPAL SERVICE REVIEW AND
SPHERE OF INFLUENCE UPDATE
Report to the
Fresno Local Agency Formation Commission
David E. Fey, AICP
Candie Fleming
George W. Uc
2607 Fresno Street, Suite B
Fresno, CA 93721
MSR-16-2
February 10, 2016
FIREBAUGH CANAL WATER DISTRICT PROFILE
Irrigation Services
Contact Information
General Manager: Jeff Bryant
Address: PO Box 97 (2412 Dos Palos Road Hwy 33)
Mendota, CA 93640
Phone: (559) 655-4761
Fax: (559) 655-3658
Management Information
District Formation: 1988
Principal Act: Water Code section 34000-38500
Special District Powers: Prescribed in Water Code section 35400-35413
Authorized Services: Irrigation water services
Governing Body: Five member Board of Directors, landowner-voter
Board Members: Dan McCurdy Appointed 2011, Expires 2015
Mike Stearns, President Appointed 2011, Expires 2015
Kevin Hurd Appointed 2011, Expires 2015
Sheri McBee Appointed in Lieu of Election 2013, Expires 2017
Stephen H. Smith Appointed in Lieu of Election 2013, Expires 2017
Board Meetings: Third Tuesday of each month at 9:00 a.m.
Meeting Location: District office at 2412 Dos Palos Road Hwy 33, Mendota, CA 93640
Staffing: 17 Full-Time Employees
Service Information
Properties Served: 45 Landowners
Acres Served: 22,229 acres
Sphere of Influence: 23,547 acres
Infrastructure: Four pump stations, canals, turnouts, machinery equipment, utility plant,
and District office
Fiscal Information
Budget: $3,408,550 (operating revenue)
Sources of Funding: Irrigation water sales, grant funding, and property assessments
Rate Structure: $18 first acre-foot, $20 second acre-foot, $25 third acre-foot, $30 fourth
acre-foot
Administrative Policies
Master plan: Not provided Policies/procedures: No By-laws: Not provided
Service Area updated: 1988 SOI last updated: 2007 SOI update: 2016
TABLE OF CONTENTS
1. MUNICIPAL SERVICE REVIEW ..........................................................................................1
Principal Act ........................................................................................................................... 1
District boundaries ................................................................................................................ 1
Fresno LAFCo MSR Policy Designation .................................................................................. 1
District Growth and Population Projections .......................................................................... 2
Disadvantaged Unincorporated Communities ...................................................................... 3
Infrastructure ......................................................................................................................... 5
Financial Ability of Agency to Provide Services ..................................................................... 6
Opportunities for Shared Facilities ........................................................................................ 9
Governmental Structure ...................................................................................................... 10
Other Matters Related to Effective or Efficient Service Delivery ........................................ 11
2. MSR DETERMINATIONS ................................................................................................ 13
1. Growth and Population Projections for the Affected Area. ............................................. 13
2. The Location and Characteristics of any Disadvantaged Unincorporated Communities
Within or Contiguous to the Sphere of Influence. ................................................................ 13
3. Present and Planned Capacity of Public Facilities and Infrastructure Needs or
Deficiencies. .......................................................................................................................... 14
4. Financial Ability of Agency to Provide Services. ............................................................... 14
5. Status of, and Opportunities for, Shared Facilities. .......................................................... 15
6. Accountability for Community Service Needs, Including Government Structure and
Operational Efficiencies. ....................................................................................................... 15
7. Any Other Matter Related to Effective or Efficient Service Delivery, as Required by
Commission Policy. ............................................................................................................... 15
3. SPHERE OF INFLUENCE REVIEW AND UPDATE ............................................................... 16
1. Present and planned land uses, including agricultural and open-space lands. ................ 17
2. Present and probable need for public facilities and services in the area. ........................ 17
3. Present capacity of public facilities and adequacy of public services that the agency
provides or is authorized to provide. ................................................................................... 17
4. Existence of any social or economic communities of interest in the area if the
commission determines that they are relevant to the agency. ........................................... 17
5. The present and probable need for those public facilities and services of any
disadvantaged unincorporated communities within the existing sphere of influence. ....... 18
4. RECOMMENDATIONS ................................................................................................... 19
5. ACKNOWLEDGEMENTS ................................................................................................ 20
CHAPTE R 1:
MUNICIPAL SERVICE REVIEW
Principal Act
The District is authorized by its principal act (Water Code § 34000-38500) to operate and keep in
repair the necessary works for the production, storage, transmission, and distribution of water
for irrigation, domestic, and industrial purposes.
The Firebaugh Canal Water District (“District” or “FCWD”) was created to take over the
responsibilities and assets of the former Firebaugh Canal Water Company which operated a
system of irrigation canals in the Firebaugh vicinity since 1914. In 1988, the water company
requested LAFCo convert it to a California Water District to assume the responsibility to provide
irrigation water to landowners within the District boundaries and also participate in the planning
efforts to improve drainage problems in the Fresno County’s Westside. The District, as a local
governmental agency, was positioned to manage the turnover of federal canal ways by the
Bureau of Reclamation.
District boundaries
The District service area includes approximately 22,229 acres of unincorporated land west of
City of Firebaugh and north of City of Mendota. The District extends from the Main Lift Canal
north of the City of Mendota and west of Russell Avenue, the Third Lift Canal on the southwest
side of the District and the Outside Canal on the eastern side of the District. The Delta-Mendota
Canal bisects the District service area north to southeast. The Delta-Mendota Canal connects
with the Main Canal, Main Lift Canal, Outside Canal, the San Joaquin River, at the Fresno Slough
north of the City of Mendota, and approximately one mile east of the District’s service area.
The FCWD Sphere of Influence (SOI) encompasses approximately 23,547 acres. The District is
generally situated south of Main Street, east of Russell Avenue, north of Belmont Avenue, and
west of State Route 33/Dos Palos Road. The District provides irrigation water to 45 landowners.
LAFCo notes that when it approves annexations to the City of Firebaugh it also approves a
concurrent detachment of the territory from the District, reducing its service area on the
southwest portion of the City of Firebaugh.1
Fresno LAFCo MSR Policy Designation
Fresno LAFCo MSR policy designates the District as a “level three” special district that provides
“non-municipal” services to its constituency. Non-municipal special districts typically do not
request or experience modifications to their district service area or request an update or
1 Formation of District, LAFCo file FD-87-2, Firebaugh Canal Water District.
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revision to the Commission’s adopted SOI for the agency. A level three non-municipal local
agency designation means, in Fresno LAFCo's judgment, that services provided by the agency do
not facilitate or induce population growth.
In accordance with Government Code (GC) section 56066, Fresno County is the principal county.
Fresno LAFCo is responsible for processing the agency’s request to reduce the Commission’s
determined SOI for District. Fresno LAFCo has prepared this service review consistent with GC
sections 56425(g) and 56430.
District Growth and Population Projections
The 2007 FCWD MSR noted that the District did not expect any growth requiring additional
territory. The District has a fixed water supply through its contract with the San Joaquin River
Water Authority (SJRWA), Exchange Contractors agreement. In 2007, the District informed
LAFCo that it cannot support additional water demands due to the limits of its contracted water
availability. Fresno LAFCo observes that District growth is restricted by its water supply
allotment contract with SJRWA.
Irrigation water supplies are limited to the District’s water contract with United States Bureau of
Reclamation (Reclamation). Demand for irrigation water within the District has not increased in
recent years and the District does not anticipate growth to occur.
The District does not expect any significant growth in terms of service needs. It has a fixed
water supply, cannot support additional water demands, and does not have plans to expand its
District boundaries. It should be noted that the District shares common boundaries with
Westlands, Broadview, Panoche, and Mercy Springs Water Districts, and at its northern end is
bisected by Widren Water District.
The District is situated completely within the County of Fresno. The County of Fresno is the land
use authority for land located within the District boundaries. The Fresno County General Plan
designates land within the District service area for agricultural uses. Current land uses within
the District boundaries consist primarily of farming operations with incidental rural residential.
Crops grown within the District consist of cotton, alfalfa, tomatoes, wheat, barley, melons,
pomegranates, pistachios, asparagus and onions. Consistent with the Fresno County General
Plan, the majority of the lands within the District service area are occupied by large and small
farming operations consisting of both permanent and annual row crops. By LAFCo policy,
District services do not directly facilitate or affect the rate or location of population growth. As
a result population growth is expected to occur within the neighboring incorporated cities of
Firebaugh or Mendota. This is consistent with the Fresno County policy to direct growth to the
cities due to a wider range of municipal services offered by the incorporated cities.2
2 County of Fresno, Housing Element, pg.7-58-Westside North Market Area.
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Figure 1 – Firebaugh Canal Water District Boundaries
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Disadvantaged Unincorporated Communities
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (CKH) requires LAFCo
to make determinations regarding "disadvantaged unincorporated communities" ("DUCs") when
conduction a SOI update or when conducting municipal service reviews for any local agency (city
or special district) that provides public facilities or services related to sewer, municipal and
industrial water, or structural fire protection.
Government Code sec. 56033.5 defines a DUC as: i) “inhabited territory” (12 or more registered
voters), as defined by sec. 56046, or as determined by commission policy, that constitutes ii) all
or a portion of a “disadvantaged community” as defined by section 79505.5 of the Water Code.
Water Code section 79505.5 defines disadvantaged as a territory with an annual median
household income (MHI) that is less than 80 percent of the statewide annual median household
income. Further, on January 9, 2013, Fresno LAFCo adopted a policy that refined the DUC
definition to include having at least 15 dwelling units at a density not less than one unit per acre.
This section of the report uses County of Fresno’s Geographic Information System (GIS) parcel
mapping information and U.S. Census data to quantify the economic composition of all the
census block groups within the vicinity of the District’s boundaries. Geographic Information
System (GIS) files were derived from the U.S. Census Bureau's American Community Survey
(ACS) compiled for the five-year period 2006-2010 to identify the demographic composition
within the District’s service area. Although the ACS provides annual and three-year estimates,
the five-year reports provide the most precise data and mapping information for analyzing small
populations. California’s statewide MHI reported for years 2006 through 2010 was $60,883, the
DUC threshold is any geographic unit with a MHI that is less than $48,706.
An assessment of the census block groups within and outside the District service area and SOI
were reviewed to determine the demographic composition of the area to gage MHI levels. In
preparation for this section of the MSR, LAFCo staff worked with complementary GIS data
provided by PolicyLink, a national non-profit corporation based in Oakland, California.3
Instrumental independent resources were used for this section of the MSR as a cross-reference
mechanism to identify DUCs in accordance with CKH Act and the Commission’s adopted DUC
policy. Fresno LAFCo surveyed unincorporated areas utilizing aerial photography and parcel
division patterns to determine the possible existence of any DUCs.
The District overlays across five census block group boundaries. Table 1 list all the census tract,
block groups located within the District boundaries and corresponding MHI levels reported for
years 2006 to 2010.4 The District overlays within census geographic units that meet the criteria
for Disadvantaged Communities as defined by California Water Code section 79505.5.
3 Jake Mann, GIS Specialist/Cartographer, email correspondence with LAFCo Staff – Draft DUCs for Fresno
County, February 11, 2015.
4 U.S. Census Bureau's American Community Survey (ACS) compiled for the five-year period 2006-2010.
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As noted, Fresno LAFCo Policy designates the District as a “level three” special district that
provides “non-municipal” services to its constituency. A level three non-municipal local agency
means that, in Fresno LAFCo's judgment, services provided by the agency do not facilitate or
induce population growth. Services provided by the District would not directly benefit a DUC,
and no further analysis is provided for this section of the MSR.
Table 1 – Reported MHI Levels Between Years 2006 to 2010
Census Tract, block group Median Household Income
83.01, block group 3 $42,250
83.02, block group 1 $23,703
84.01, block group 5 $33,581
84.02, block group 2 $27,589
84.04, block group 3 $24,549
Infrastructure
The District acquired a five-acre utility plant after January 1, 1989 (APN: 012-160-11T). The
District owns its office facilities, utility plant area, machinery and equipment, tools, autos- trucks
and tractors which assist with the District’s day-to-day operations.5 The District owns
approximately 40 miles of canals, 36 miles of laterals, and four pumps stations. Since 2000, the
District has spent more than $6 million to line and pipe approximately 15 miles of its canals and
laterals. The District’s operating season is approximately 340 days, supplying water for irrigation
needs. The District’s water distribution is virtually 100 percent for agricultural irrigation usage.
The District pumps approximately 4,000 acre-feet (AF) per year from shallow groundwater wells.
These wells are operated primarily to reduce the production of subsurface drainage within the
6
watershed.
In 1942, the predecessor Firebaugh Canal Water Company exchanged its water rights for Central
Valley Project water through the Delta Mendota Canal (DMC) and the Mendota Pool. Currently,
the District obtains its water supply through its SJRWA Contract for Exchange of Waters with the
United States Bureau of Reclamation. The District is a member of the Exchange Contractors
Water Authority whose mission is to effectively protect the Exchange Contract and maximize
local water supply, flexibility, and redundancy in order to maintain local control over the
members’ water supply. The amount of water that is received by the District depends upon
whether the year is classified by the California Department of Water Resources as either a
“critical calendar year” or “non-critical calendar year.” District annual water supply under
5 FCWD Financial Statements for year ending December 31, 2014, page 11.
6 US Department of the Interior, E.A. for the Firebaugh Canal Water District 2nd Lift Canal Lining Project,
USBR, September 2012.
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contract on non-critical calendar years is 85,000 AF, while on critical calendar year is reduced to
58,000 AF. The District’s water supply is obtained via the Delta-Mendota Canal.
The District typically delivers all of the water allocation that it receives and does not anticipate
change in water demand in the future. The District’s water contract establishes its portion of
water allocations. Water supply deliveries are transferred to customers through District-owned
canals. The District maintains its infrastructures, canals, machinery, equipment, and turnouts on
an ongoing basis. The District estimates a general life span of 15-25 year for the majority of its
infrastructure and equipment. The District reports that its canals are in good condition.
Financial Ability of Agency to Provide Services
The majority of the District’s revenue comes from water sales. District water deliveries area
based upon the acreage that each landowner has within the District’s service area. In
preparation of this MSR, a copy of the District’s most recent independent auditor’s report and
financial statements for year ending December 31, 2014, was provided to Fresno LAFCo. Table 2
provides the financial summary as presented in the financial statement for year ending on
December 31, 2014.
The financial statement indicates that the District implements financial administration practices
similarly observed by a government unit. The District has adopted the provisions of
Governmental Accounting Standard Board (GASB) Statement No. 34, “Basic Financial Statements
for State and Local Governments.” GASB establishes standards for external financial reporting
for all state and local government entities, which includes a statement for net assets, statement
of revenues, expenses and changes in net assets, and a statement of cash flows. The District’s
financial account structure conforms to accounting principles generally accepted in the United
States of America and consistent with governmental proprietary fund account as an enterprise
fund.
The District applies all GASB pronouncements as well as the Financial Accounting Standard
Board (FASB) pronouncements, except when (FASB) conflict or contradicts GASB
pronouncements.
The District’s 2014 total current assets were $8.8 million and its total assets were approximately
$26.3 million. The District’s liabilities were $194,741, while the District showed a deposit
account balance of $51,690. The District’s total net position is approximately $26 million. The
District’s total liabilities, deposits, and net position equal to $26.3 million.
As previously indicated, the District is a member to the San Joaquin River Exchange Contractors
Water Authority under a Joint Powers Agreement. The District contributes approximately 10.12
percent of its District annual budget for the Authority’s membership; the District paid
approximately $146,027 for year ending on December 31, 2014.
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Table 2- FCWD Statement of Net Position Enterprise Fund for Year Ending
December 31, 2014 (Comparative Information for Year Ending December 31,
2013)
2014 2013
Assets
Total Current Assets $8,884,143 11,905,668
Note Receivable, net of current portion - 182,715
Water conservation loans receivable, net $1,788,033 $1,722,948
of current portion
Capital assets, net of accumulated $15,636,821 $15,987,551
depreciation
Total assets $26,308,997 $29,798,902
Liabilities
Total Current Liabilities $194,741 $51,356
Deposits $51,690 $886,670
Net position
Net investment in capital assets $15,636,821 $15,987,551
Unrestricted $10,425,745 $12,873,325
Total net position $26,062,566 $28,860,876
Total liabilities, deposits, and net $26,308,997 $29,798,902
position
According to the District’s financial statement, as of December 31, 2014, the District had a
$2,639,534 balance within its Water Conservation Loans Receivable program. During the year,
the District granted loans to landowners within the District for the purchase of water
conservation equipment estimated at $1,093,676. Twenty five percent of the total equipment
cost, approximately $273,419 was paid by the District, while seventy five percent or
approximately $820,257 was charged to District land owners as loans receivable payable over a
five to ten year period on December 1st each year.7
Table 3 represents the District statement of revenues, expenses, and changes in net position on
enterprise fund.
7 FCWD Financial Statements for year ending December 31, 2014, page 9.
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Table 3 – FCWD Statement of Revenue, Expenses and Changes in Net Position
Enterprise Fund for Year Ending December 31, 2014
2014 2013
Operating revenues
Tier water usage $871,217 $781,807
Outside water sales - $4,996,631
Irrigation $1,108,895 $2,695,058
Total operating revenues $1,925,895 $8,473,496
Operating expenses
Maintenance and operations $3,836,485 $3,925,017
General and administrative $1,287,535 $1,324,656
Total operation expenses $5,124,020 $5,249,673
Operating income (loss) ($3,198,125) $3,223,823
Non-operating revenue and (expenses)
Non-operating revenue and (expenses) $182,227 $206,231
Income before capital contributions ($3,015,848) $3,430,054
Capital Contributions $217,538 $2,620,898
Increase (Decrease) in net position $(2,798,310) $6,050,952
Net position – beginning of the year $28,860,876 $22,809,924
Net position – end of year $26,062,566 28,860,876
For year ending on 2014, the District reported its total operating revenue at $1.9 million, total
operating expenses at $5.1 million with an operating deficit of $3.1 million. The District reported
a $2.7 million in loss of income for the year ending on December 2014. The District reported
$182,227 in non-operating revenue and (expenses). The District shows $217,538 in capital
contributions. As noted previously, the District’s net position was $28.8 million at the beginning
of the year January 1, 2014. At the end of the year the District’s net position was $26 million.
The District annually collects land assessments from land located within its service area. All land
assessments are considered collectible by the District. The District’s principal act empowers the
District to place a lien upon all assessed property once land becomes delinquent. After a five
year period, the District has the ability to sell the property to recover all prior assessments,
costs, penalties and interests. The District’s financial statement indicates the District’s cash and
cash equivalents balances and interest rates as of December 31, 2014. These are summarized in
Table 4.
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Table 4 – FCWD Cash and Cash Equivalents Balances
Balance Interest rate
Petty cash $100
Checking $73,324
Money market $1,935,920 0.400%
District savings $5,190,712 0.0%
Local agency investment $14,801 0.0%
fund
Total $7,214,857
The District implements its cash investment policy guidelines established by the board of
directors to invest in: safety, liquidity, and yield. Government code authorizes the District to
invest in savings accounts, money market and checking accounts, state local agency investment
fund, certificates of deposits, treasury bills and notes and government agency securities.
The District recently secured a federal and state grant. The federal grant was awarded under
the Secure Water Act, Subtitle F of Title IX of the Omnibus Public Land Management Act of 2009,
executed by the Department of the Interior, Bureau of Reclamation. The state grant is under
the Water Security, Clean Drinking Water, Coastal and Beach Protection Act, executed with the
State of California Department of Water Resources and the San Luis and Delta-Mendota Water
Authority. As of December 31, 2014, the District’s grant receivables are $495,375 and capital
contributions of $217,538.
The District approves a budget annually; however, the District did not provide LAFCo a copy of
its adopted 2015-16 budget. A review of the State Controllers information indicates that the
District had a total operating revenue of $3,408,550 for FY 2011-12.
Opportunities for Shared Facilities
The District employees 17 staff members that include: a district manager, office administrative,
maintenance personnel, water manager personnel, and water technicians.8 The District office
houses two additional Districts’ administrative operations- Silver Creek Drainage District and
Firebaugh Resource Conservation District. LAFCo observes that the District already benefits
from shared facilities with those agencies.
The Widren Water District (WWD) is located within the FCWD’s SOI as a separate, independent
California Water District; however, this area is not served by the District. WWD’s service area
8 California State Controller’s Office, Government Compensation in California, Firebaugh Canal Water
District.
http://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?fiscalyear=2013&entityid=2364
accesses August 27, 2015.
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and SOI are coterminous measuring approximately 835 acres in size. The WWD is located west
of Fairfax Avenue and north of Nees Avenue in west Fresno County. The WWD once provided
irrigation water to one 835-acre landowner but in 2003 the source of water was permanently
reassigned to the Westlands Water District.9 The WWD no longer distributes water for irrigation
purposes. The FCWD could ultimately become the service provider of lands formally served by
the WWD. Consolidation of the WWD with FCWD would present opportunities for enhance
services in this region but may be limited by the District’s water contract with the United States
Bureau of Reclamation. The District’s water contract specifies the acreage amount within its
boundaries which water can be delivered.
The District’s SOI and service area is located immediately east of the Westland Water District,
Broad View Water District, and Panoche Water District and south of Mercy Springs Water
District and Central California Irrigation District. The District service area overlaps with Camp 13
Drainage District and Silver Creek Drainage District. The Panoche Drainage District is located
immediately west of the District’s service area. The District is located within the Firebaugh
Resource Conservation District service area.
No other opportunities for shared facilities were identified. No other similar California Water
Districts overlaps with the District’s Service area or SOI.
Governmental Structure
As mentioned above, California Water Code section 34000-38500 authorizes the formation of
Water Districts to acquire, plan, construct, maintain, improve, operate, and keep in repair the
necessary works for the production, storage, transmission, and distribution of water for
irrigation, domestic, industrial, and municipal purposes.10 This District is an independent special
district which has a separate board of directors not governed by another legislative bodies
(either a city council or a county board of supervisors). The District is a landowner-voter District
which conducts its own elections typically on odd years. Candidates for the District board must
either hold title to land within the District or be the legal representative of a title holder of land
within the District.
A body of five elected officials serves as the Board of Directors governing the District’s
operations. District board members are subject to election of four-year staggered terms; in the
event that the number of candidates who file election papers is equal to the number of
openings on the board, members are appointed in lieu of an election (pursuant to Elections
Code sec. 10515 (a)) by the Fresno County Board of Supervisors based on recommendation
made from the District’s board of directors. If no candidates file election papers, the Fresno
County Board of Supervisors may appoint directors pursuant to (Election Code sec. 10515 (c)).
The District board has the ability to elect a president from its members and appoint the District’s
manager and secretary.
9 Fresno LAFCo, Widren Water District 2007 MSR, August 2007.
10 California Water Code Section 35401.
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Based on available documentation, District board meeting notices appear to be posted at least
72 hours in advance at the District office located at 2412 Dos Palos Road/Hwy 33 Mendota, CA
93640. Regular District meetings are held on the third Tuesday of each month at 9:00 a.m. at
the District’s office. Opportunities for public participation and communication with the Board of
Directors are permitted during each District meeting, each meeting agenda allocates time for
public comments. The District provided LAFCo copies of its August 18, 2015 and September 15,
2015, District meeting agendas during the preparation of this MSR update.
Other Matters Related to Effective or Efficient Service Delivery
LAFCo is concerned that, at least with respect to the preparation of this report, the District is not
complying with the California Public Records Act and may not be complying with key provisions
of the Water Code with respect to maintaining District bylaws. On multiple occasions LAFCo
staff contacted the District secretary to obtain public financial information. In fact, from the day
of LAFCo’s initial request for information, and numerous additional contacts, it took the District
56 calendar days to provide a copy of its recent financial statements. To date, the District has
not provided LAFCo with a copy of its most recent annual budget as requested. Financial
information was gleaned from the District’s 2014 financial statement instead.
The District employed a cumbersome and possibly unnecessary internal approval process
whereby the District Secretary required the General Manager’s authorization to release public
documents requested by LAFCo staff. This resulted in substantial delay in the release of public
documents from the District. For example, on September 21, 2015, LAFCo staff requested public
documents related to the preparation of the MSR including copies of the District’s by-laws, the
adopted annual budget, auditor’s financial statements, and copies of the District’s board
meeting agendas. The District acknowledged LAFCo’s September 21st information request but
did not follow up with these documents, even after repeated requests for this information
including September 29, 2015, October 8, 2015, October 15, 2015, and October 30, 2015.
On October 30, 2015, LAFCo staff spoke with the District manager regarding the requested
information. The District manager informed LAFCo that the District by-laws, adopted budget,
auditor’s financial statements, and copies of the District’s board meeting agendas would be
delivered/sent to LAFCo by November 6, 2015. The District has not provided LAFCo with the
complete requested of public information.
Fresno LAFCo contacted the District on November 16, 2015 to follow up with the public records
request. At this time, District informed LAFCo that it could not find its by-laws and could not
verify that the by-laws existed. District staff provided LAFCo with board meeting agenda copies
for the month of September and August 2015 and a copy of its financial statement for year
ending on December 31, 2014. However, the District did not provide a copy of its current
adopted budget for fiscal year 2015-16.
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These omissions point to fundamental operational issues. A Water District without approved
by-laws is not operating consistent with its principal act. The District’s principal act prescribes
the following process:
“A district shall adopt for the government and control of its affairs a code of by-laws
consistent with the Constitution and laws of the State and the provisions of this division;”(
WC §35300)
“Within 60 days after they have qualified for office, the board of directors elected at the
formation election shall prepare the by-laws for the written approval of the board of
supervisors of the principal county;” (WC §35301) and
“When the by-laws of a district are approved by the board of supervisors of the principal
county, the board of directors shall adopt them by resolution entered in its minutes, unless
prior to adoption by resolution by-laws are adopted and filed with the secretary by the
written assent of the holders of title to a majority in area of the land.”(WC §35302)
The need to authorize release of public documents is unusual and not consistent with the
District’s principal act. Water Code § 34850 designates the District Secretary as the “custodian
of all records of proceedings had at meeting of the board. All records pertaining to district
affairs shall be filed in the office of the District with the secretary and shall be open to inspection
at all times by any person interested.”
During the preparation of this MSR, LAFCo staff learned that the Clerk to the Fresno County
Board of Supervisors had also requested a copy of the by-laws from the District. As noted
earlier, WC §35301 stipulates that the Board of Supervisors must approve the District by-laws
prior to their approval by the District board.
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CHAPTE R 2:
MSR DETERMINATIONS
This portion of the report addresses the factors specified in the governing statute for Municipal
Service Reviews and provides analysis in conformance with Government Code §56425 and
Fresno LAFCo policy. Pursuant to Government Code §56430, the Commission prepares the
following written determinations.
1. GROWTH AND POPULATION PROJECTIONS FOR THE
AFFECTED AREA.
The District service area includes approximately 22,229 acres of unincorporated land
west of City of Firebaugh and north of City of Mendota.
The District is designated as a non-municipal local agency, which means that the District
provides non-municipal services that do not facilitate, support, or induce population
growth.
The County of Fresno is the land use authority for territory within the District’s
boundaries. The Fresno County General Plan Land Use Elements designates territories
as agricultural use within the District’s boundaries. No significant changes to population
are anticipated.
Annexations to the Cities of Mendota and Firebaugh result in detachment of the subject
territory from the District.
The District has a fixed water supply through its contract with the San Joaquin River
Water Authority (SJRWA), Exchange Contractors agreement.
District growth is restricted by its water supply allotment contract with SJRWA.
2. THE LOCATION AND CHARACTERISTICS OF ANY
DISADVANTAGED UNINCORPORATED COMMUNITIES
WITHIN OR CONTIGUOUS TO THE SPHERE OF INFLUENCE.
A review of the American Communities Survey five-year estimates indicate that the MHI
for the census tracts and block groups within the District boundaries are considered
Disadvantaged Communities.
The District is designated by LAFCo policy as a level three non-municipal local agency,
meaning that the District is authorized to provide non-municipal services.
The District has no public facilities or provides services related to sewer, municipal and
industrial water, or structural fire protection that would present opportunity to extend
services to a disadvantaged unincorporated community.
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3. PRESENT AND PLANNED CAPACITY OF PUBLIC FACILITIES
AND INFRASTRUCTURE NEEDS OR DEFICIENCIES.
The District owns its office facilities, a five-acre utility plant area, machinery and
equipment, tools, autos- trucks and tractors which assist with the District’s day-to-day
operations.
The District owns approximately 40 miles of canals, 36 miles of laterals, and four pumps
stations. Since 2000, the District has spent more than $6 million to line and pipe
approximately 15 miles of its canals and laterals.
The District maintains its infrastructures, canals, machinery, equipment, and turnouts on
an ongoing basis. The District estimates a general life span of 15-25 year for the
majority of its infrastructure and equipment. The District reports that its canals are in
good condition.
The District’s operating season is approximately 340 days, supplying water for irrigation
needs.
The District obtains its water supply through its SJRWA Contract for Exchange of Waters
with the United States Bureau of Reclamation. The District’s water supply is obtained
via the Delta-Mendota Canal.
The District pumps approximately 4,000 acre-feet per year from shallow groundwater
wells, which are operated primarily to reduce the production of subsurface drainage
within the watershed.
District annual water supply under contract on non-critical calendar years is 85,000 AF,
while on critical calendar year is reduced to 58,000 AF.
4. FINANCIAL ABILITY OF AGENCY TO PROVIDE SERVICES.
The majority of the District’s revenue comes from water sales. District water deliveries
area based upon the acreage that each landowner has within the District’s service area.
The District’s 2014 total current assets were $8.8 million and its total assets were
approximately $26.3 million. The District’s liabilities were $194,741, while the District
showed a deposit account balance of $51,690. The District’s total net position is
approximately $26 million. The District’s total liabilities, deposits, and net position
equal to $26.3 million.
The District approves a budget annually; however, the District did not provide LAFCo a
copy of its adopted 2015-16 budget. A review of the State Controllers information
indicates that the District had a total operating revenue of $3,408,550 for FY 2011-12.
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5. STATUS OF, AND OPPORTUNITIES FOR, SHARED FACILITIES.
The District office houses two additional Districts’ administrative operations- Silver
Creek Drainage District and Firebaugh Resource Conservation District. LAFCo observes
that the District already benefits from shared facilities with those agencies.
At the present time the District appears to be limited in additional opportunities for
shared facilities.
6. ACCOUNTABILITY FOR COMMUNITY SERVICE NEEDS,
INCLUDING GOVERNMENT STRUCTURE AND OPERATIONAL
EFFICIENCIES.
California Water Code section 34000-38500 authorizes the formation of Water Districts
to acquire, plan, construct, maintain, improve, operate, and keep in repair the necessary
works for the production, storage, transmission, and distribution of water for irrigation,
domestic, industrial, and municipal purposes.
A body of five elected officials serves as the Board of Directors governing the District’s
operations.
District board meeting notices are posted at least 72 hours in advance at the District
office located at 2412 Dos Palos Road/Hwy 33 Mendota, CA 93640.
Regular District meetings are held on the third Tuesday of each month at 9:00 a.m. at
the District’s office.
Opportunities for public participation and communication with the Board of Directors
are permitted during each District meeting, each meeting agenda allocates time for
public comments.
The District does not maintain a website.
7. ANY OTHER MATTER RELATED TO EFFECTIVE OR
EFFICIENT SERVICE DELIVERY, AS REQUIRED BY
COMMISSION POLICY.
The Firebaugh Canal Water District MSR is noted for the following characteristics:
o Repeated and substantive delays in obtaining public records from the District;
o Not all of the requested public records were provided, including the most recent
annual budget;
o District Secretary was not effectual in providing public documents;
o District did not produce approved by-laws.
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CHAPTE R 3:
SPHERE OF INFLUENCE REVIEW
AND UPDATE
In order to carry out the Commission’s purposes and responsibilities for planning and shaping
the logical and orderly development and coordination of local governmental agencies subject to
its jurisdiction, the Commission shall develop and determine the sphere of influence of each city
and each special district within the County and enact policies designed to promote the logical
and orderly development of areas within the sphere. A sphere of Influence is defined as “a plan
for the probable physical boundaries and service area of a local agency, as determined by the
commission.”
In determining the sphere of influence of each local agency, the commission shall consider and
prepare a written statement of its determinations with respect to each of the following:
1. The present and planned land uses in the area, including agricultural and open space
lands;
2. The present and probable need for public facilities and services in the area;
3. The present capacity of public facilities and adequacy of public services that the agency
provides or is authorized to provide;
4. The existence of any social or economic communities of interest in the area if the
commission determines that they are relevant to the agency;
5. For an update of a sphere of influence of a city or special district that provides public
facilities or services related to sewers, municipal and industrial water, or structural fire
protection, that occurs pursuant to Government Code section 56425 (g) on or after July
1, 2012, the present and probable need for those public facilities and services of any
disadvantaged unincorporated communities within the existing sphere of influence.
In determining a sphere of influence, the Commission may assess the feasibility of governmental
reorganization of particular agencies and recommend reorganization of those agencies when
reorganization is found to be feasible and if reorganization will further the goals of orderly
development and efficient and affordable service delivery. The Commission shall make all
reasonable efforts to ensure wide public dissemination of the recommendations.
When adopting, amending, or updating a sphere of influence for a special district, the
Commission shall establish the nature, location, and extent of any functions or classes of
services provided by existing districts. The Commission may require existing districts to file
written statements with the commission specifying the functions or classes of services provided
by those districts.
Chapter one of this MSR provides the foundation for the SOI determinations. As previously
indicated, the District’s boundaries and sphere of influence are generally coterminous; the SOI
encompasses 23,547 acres and the service area encompasses approximately 22,229 acres. The
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District reports its sphere and boundary is correct at this time and no changes are requested.
County of Fresno is the land use authority for land located within the District’s service area. The
Fresno County General Plan designates the land within the District for Agricultural uses. In
accordance with Government Code Section 56066, Fresno is the principal county and Fresno
LAFCO is responsible for preparing the following determinations for the Sphere of Influence
include in this Municipal Service Review.
When Fresno LAFCO updates a sphere of influence it must adopt specific determinations with
respect to the following factors:
1. PRESENT AND PLANNED LAND USES, INCLUDING
AGRICULTURAL AND OPEN-SPACE LANDS.
The County of Fresno is the land use authority for territory within the District’s
boundaries.
The Fresno County General Plan Land Use Elements designates territories as agricultural
use within the District’s boundaries.
Current land uses are agricultural.
No significant changes to population within the District are anticipated.
2. PRESENT AND PROBABLE NEED FOR PUBLIC FACILITIES
AND SERVICES IN THE AREA.
Current District facilities and services appear adequate.
Given the minimum amount of growth anticipated the District appears capable of
addressing its probable service needs.
3. PRESENT CAPACITY OF PUBLIC FACILITIES AND ADEQUACY
OF PUBLIC SERVICES THAT THE AGENCY PROVIDES OR IS
AUTHORIZED TO PROVIDE.
Present capacity of District facilities and services appear adequate.
District provides services consistent with its principal act and as authorized by the
Fresno LAFCo.
4. EXISTENCE OF ANY SOCIAL OR ECONOMIC COMMUNITIES
OF INTEREST IN THE AREA IF THE COMMISSION
DETERMINES THAT THEY ARE RELEVANT TO THE AGENCY.
There are no relevant social or economic communities of interest relevant to the
District’s service provisions. The District has a fixed water supply through its contract
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with the San Joaquin River Water Authority (SJRWA), Exchange Contractors agreement.
The District informed LAFCo that it cannot support additional water demands due to the
limits of its contracted water availability. Fresno LAFCo observes that District growth is
restricted by its water supply allotment contract with SJRWA. District services provision
are restricted to irrigation water supplies under contract with United States Bureau of
Reclamation.
5. THE PRESENT AND PROBABLE NEED FOR THOSE PUBLIC
FACILITIES AND SERVICES OF ANY DISADVANTAGED
UNINCORPORATED COMMUNITIES WITHIN THE EXISTING
SPHERE OF INFLUENCE.
The District is designated by LAFCo policy as a non-municipal local agency, meaning that
the District is authorized to provide non-municipal services. The District has no public
facilities or provides services related to sewer, municipal and industrial water, or
structural fire protection that would present opportunity to extend services to a
disadvantaged unincorporated community.
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CHAPTE R 4:
RECOMMENDATIONS
In consideration of information gathered and evaluated during the 2015 Municipal Service
Review, it is recommended the Commission:
1. Receive this report and any public testimony regarding the proposed Municipal Service
Review and proposed Sphere of Influence Update.
2. Find that the Municipal Service Review is exempt from the California Environmental Quality
Act pursuant to section 15306 (Information Collection).
3. Approve the recommended Municipal Service Review determinations, together with any
changes deemed appropriate.
4. Recommend to the District that:
4.1. It adopt by-laws laws, in compliance with WC section 35300, and convey these to the
Clerk to the Board of Supervisors for approval, and
4.2. It improve its internal communications and public record management to comply with
the Public Records Act.
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CHAPTE R 5:
ACKNOWLEDGEMENTS
This Municipal Service Review was prepared by Fresno LAFCO staff. The Firebaugh Canal Water
District provided information included in this evaluation of the agency’s service provisions.
This document and supportive information is available in the Fresno LAFCo office located at:
Fresno Local Agency Formation Commission
2607 Fresno Street, Suite B
Fresno, California 93721
The Municipal Service Review is available on Fresno LAFCo’s website under documents open for
public review and comment: http://www.fresnolafco.org/Public%20Review.asp
G:\LAFCo Projects\Districts\CalWD\Firebaugh Canal WD\MSR 2016\Firebaugh Canal Water_MSR_021016.docx
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