OPINION: Hostile demand letter targeting dam buyer and local activists fails miserably amid Potter Valley protest
Over 100 people attended a Potter Valley water meeting last week to oppose a demand letter that targeted several local water advocates (including me).
Several local advocates pursuing alternatives to dam removal in Northern California found themselves named in the draft of a public records demand letter circulated last week—I was among them.
This letter was written by City of Ukiah attorney Phil Williams and called for all records and communications between Elsinore Valley Municipal Water District (EVMWD) and myself, an independent journalist; my father Rich Brazil, chair of Save Potter Valley Project; Todd Lands, vice mayor of Cloverdale; and Shelina Moreda, running for supervisor in Sonoma County.
EVMWD is a Southern California water agency interested in purchasing the Potter Valley Project; two dams that supply 750,000 people. PG&E has applied to abandon and demolish the two dams, transferring water rights to a local Indian tribe and a coalition of special interest groups called the Eel-Russian Project Authority (ERPA).
Williams sent his letter to local agencies for signature. Multiple groups rejected his effort, including the Potter Valley Irrigation District (PVID).
Over 100 community members attend Potter Valley Irrigation District (PVID) meeting in protest
In Potter Valley, about 100 community members showed up to a special session held Wednesday to oppose the letter.
PVID is the oldest irrigation district in the state of California, and the attendance at Wednesday’s meeting—which had been called just 24 hours prior—was the largest in its history.
“We’ve never had a better chance than we have right now, and we’ll never have a better chance in the future,” said Dan Todd, a local pear farmer. “I can’t see any possibility to have more support in high places than we have right now to save the dams.”
So many people showed up, the meeting had to be moved from the PVID building to an event room at Headwaters Coffee Shop across the street. The crowd filled the room and the foyer outside. Public comment lasted over two hours.
“I’m very proud of our valley tonight,” said Ken Foster, a local farmer. He reminded the room that many had attended school together, as had their parents and grandparents before them. “It’s simple: Save the water, save the valley.”
Many decried Williams’ letter as an obvious attempt to stop any attempts to preserve water diversions.
“I found it very offensive that they went after Rich Brazil and Keely,” said Dan Thornton, a board member at PVID and local fifth-generation pear farmer. “I support the Potter Valley Project, and the Save the PVP group trying to save the dams, and I’d like to see more support toward that.”
Vice president Guinness McFadden said the public records request was “hostile.”
“Such a kind of letter discourages legitimate potential buyers from approaching the subject.”
What’s really behind Williams’ demand letter?
Brazil—my father—has been the community’s ranch veterinarian for almost 40 years.
“I’m an open book. I’ve lived here and known you for 38 years,” he said. “You can ask me anything. If you want more information, you don’t have to file a public records request for my communications or Keely’s.”
He also believes the true intent of the letter is to stop any effort to save the dams by a few in power, against the will and best interests of the community.
“I think you should denounce this action, because it only serves one purpose, and that is to discourage the buyer from putting forth a proposal.”
Janet Pauli, chair of PVID, said the demand letter is being set aside for now, but may be taken up again in the future if information is not “forthcoming.” Pauli is PVID’s representative at the Inland Water and Power Commission (IWPC), of which she is also chair. IWPC is part of ERPA, the group set to assume water rights post dam-removal, as part of the Two Basin Solution.
Some in attendance pointed out that EVMWD vice president Darcy Burke and director Chance Edmondson attended the PVID board meeting in March and left their business cards. They urged Pauli to call Edmondson or Burke before sending an aggressive demand letter.
“I don’t have any reason not to call them, I don’t have a reason to call them,” Pauli responded.
The crowd reacted with amazement.
City of Ukiah attorney says his effort “failed catastrophically”
Williams was present at the PVID meeting. He admitted his efforts to create a coalition had not been successful.
“When I drafted the records request, the vision, the message I was hoping—and I failed catastrophically to build a coalition, okay—was to build as broad of a coalition as possible for what I thought was a relatively simple message, what I thought, okay, was a relatively easy message,” Williams said. “And that was: When a Southern California water—and this is coming from my experience, take it or leave it, okay—when a Southern California water district comes in to try to buy your water, to buy your project, to resell it you, the answer is: No thank you, very much.”
EVMWD representatives have stated that, as a public water agency, they are prohibited from making a profit selling water and can only recover costs for delivering water, unlike industrial water agencies.
McFadden says PVID attorney Cliff Paulin polled board members over the weekend to seek approval for the letter. McFadden asked to see the letter first. After reading it, he demanded a legally-required special meeting.
McFadden told the crowd there has been tremendous pressure and pushback against any local leaders who try to stop dam removal.
“We get a lot of pushback from people who are invested in this. Not so much financially invested, although there’s probably some of that, but invested politically, in that they want this dam down, they want both the dams down,” said McFadden.
Williams told the crowd in Potter Valley he is concerned about what their water will end up costing, because EVMWD will have to spend “hundreds of millions of dollars” to buy the dam.
One attendee pointed out that the dams are listed on PG&E’s balance sheet as liabilities, not assets, which Williams called a “good question.”
“Go look it up,” the attendee said. “They’re willing to give it away. That’s not the issue.”
Williams said the Two Basin Solution remains a viable alternative and that Potter Valley should think carefully about the situation before them.
“I would ask you to think very carefully and very thoughtfully about those questions because the implications could be, you know, long-lasting. And that’s not a threat, it’s just an observation of reality.”
Williams repeated three times that his comments were “not a threat.”
EVMWD intervening to stop dam removal precedent
“The Two Basin Solution is a no-solution,” said Kerri Vau, a seventh-generation farmer in Ukiah and chairman of local advocacy group Mendo Matters. The room applauded her. “We’re at a pivotal point right now, that we have the federal government listening. They’re engaging.”
Vau is part of a class action lawsuit against PG&E. She said her attorney has already met with EVMWD for “lengthy conversations,” and EVMWD is aware that “nothing can happen unless this lawsuit is resolved,” and plaintiffs will absolutely require preservation of water rights for Mendocino County.
“It’s not going to Southern California,” Vau said.
Vau said there is “something bigger” behind the push for dam removal.
“[The feds] are wanting to help. They look at this, they don’t understand what’s going on here. There’s something bigger out there than all of us in the room,” Vau said. “If our water could be saved, whoever buys it, what’s the problem with that?”
She said EVMWD is taking action to stop the trend of dam removals, which would be catastrophic for the state and the West at large.
“What they have seen happen, they don’t want to happen in the rest of California,” Vau said. “You take down these reservoirs here, and what’s going to happen in the rest of the state? Do you know some of this is going on in other states in the United States?”
“They’re going to come to our rescue to try to help out,” Vau continued. “We have a moment in time here that we could have something positive coming. To have anybody in this room fighting against it—any directors or Mr. Phil Williams over there—that is wrong. Let’s do what’s right for this county.”
Pauli said she is exploring alternative paths in case dam removal becomes a reality. She says she feels this is her duty to her children and grandchildren.
“One thing that people are forgetting, I think, are the entities on the Eel River side that would prefer the Potter Valley Project not exist at all, that a diversion not continue as of this second, and they are powerful, too, and I don’t want anybody to forget that,” Pauli said.
Pauli has worked for many years on a solution to the reality of looming water shortages should dam removals go through.
“I don’t think that we’re not powerful as a community, too, right?” responded Katie Delbar, a local cattle rancher. “I know the tribes have a lot of power, and the fisheries have a lot of power. But I think, you know, we do, too.”
On a personal note
Potter Valley is my hometown. I am not neutral on this. Crime reporters aren’t neutral on murder. These dam removals are corrupt, unjust, and an impending human rights and environmental disaster. I have never bought into the idea that journalists are special vessels of truth through whom light refracts. Journalists aren’t fooling anyone anyway. Our bias is obvious; best to be honest about it and let readers take us with a grain of salt. The people who oppose my reporting have not been able to debunk any facts, and that’s the important part.
I’ve been involved in efforts to find alternatives to dam removal including meeting with federal officials, state leaders, and interested buyers including members of the EVMWD board. This has all been included in my reporting. As one of the few individuals writing about this story, readers don’t have to wonder where I stand when they read my coverage.
And the community has an absolute right to examine any potential buyer. I do not endorse any solution, only the right of the community to pursue solutions.
I have no financial stake in any of this. I don’t own any land in the area affected by these dam removals. I don’t live there anymore. I’m involved because I think it’s the right thing to do, not only for my hometown, but for the 750,000 water users downstream this will affect—most of whom do not know what is coming for them. I am concerned about the direction some in local and state leadership are taking. The public and the community have been very clear: they want the dams to stay.
As always, you can leave questions in the comments or send an email to editor@americaunwon.com.
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This is a political battle of wills here. Good to see the “community” come out in support of you and your Dad.
So sick of hostile demands. Babies that never grew up!!