Irrigation Leader Washington State January 2021

VOLUME 12 ISSUE 1 WASHINGTON STATE EDITION

Larry Martin: The Skills of a Top Water Lawyer

january 2021

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CONTENTS JANUARY 2021 Volume 12 Issue 1

8 Larry Martin: The Skills of a Top Water Lawyer

Irrigation Leader is published 10 times a year with combined issues for July/August and November/December by

an American company established in 2009.

STAFF: Kris Polly, Editor-in-Chief Joshua Dill, Managing Editor Tyler Young, Writer Stephanie Biddle, Graphic Designer Eliza Moreno, Web Designer Caroline Polly, Production Assistant and Social Media Coordinator SUBMISSIONS: Irrigation Leader welcomes manuscript, photography, and art submissions.

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5 T he Intricacies of the Water World

By Kris Polly 8 L arry Martin: The Skills of a Top Water Lawyer 14 J ennifer Patrick and Marko Manoukian: Successful Emergency Repairs on the Milk River Project 20 How

the Montana Congressional Delegation Worked to Support the Drop 5 Reconstruction

26 R eclamation’s Role in the Drop 5 Reconstruction 30 T he Greater Wenatchee Irrigation District’s New Pump Unit 36 M adera Irrigation District Upgrades Its System

By Jan Boling 40 W aterPlus: Insurance for Irrigation Districts and Water Entities

Do you have a story idea for an upcoming issue? Contact our editor-in-chief, Kris Polly, at kris.polly@waterstrategies.com.

4 | IRRIGATION LEADER | January 2021

CIRCULATION: Irrigation Leader is distributed to irrigation district managers and boards of directors in the 17 western states, Bureau of Reclamation officials, members of Congress and committee staff, and advertising sponsors.

For address corrections or additions, please contact our managing editor, Joshua Dill, at joshua.dill@waterstrategies.com.

Copyright © 2020 Water Strategies LLC. Irrigation Leader relies on the excellent contributions of a variety of natural resources professionals who provide content for the magazine. However, the views and opinions expressed by these contributors are solely those of the original contributor and do not necessarily represent or reflect the policies or positions of Irrigation Leader magazine, its editors, or Water Strategies LLC. The acceptance and use of advertisements in Irrigation Leader do not constitute a representation or warranty by Water Strategies LLC or Irrigation Leader magazine regarding the products, services, claims, or companies advertised. /IrrigationLeader

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COVER PHOTO:

Larry Martin, Attorney with Halverson Northwest Law Group.

Photo courtesy of Larry Martin.

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PHOTO COURTESY OF LARRY MARTIN

Coming soon in Irrigation Leader: February: Jon DeVaney, Washington State Tree Fruit Association March: Roger Sonnichsen, Quincy–Columbia Basin Irrigation District

ADVERTISING: Irrigation Leader accepts half-page and full-page ads. For more information on rates and placement, please contact Kris Polly at (703) 517-3962 or kris.polly@waterstrategies.com.

The Intricacies of the Water World

By Kris Polly

W

ater resources agencies operate at the intersection of many legal fields, from water rights to environmental regulations to the everyday operating concerns of municipal entities. That means that being a water lawyer requires experience in and thorough knowledge of many areas of the law. In our cover story this month, water lawyer Larry Martin of Halverson Northwest walks us through the intricacies of his trade.

We also feature several stories on the reconstruction of the drop 5 structure in the St. Mary Unit of Montana’s Milk River Project. On October 15, 2020, 5 months after its May failure, Reclamation Commissioner Brenda Burman and Montana’s congressional delegation, among many other stakeholders and supporters, were attending a ribbon cutting celebrating the reconstruction of the drop structure, which is once again helping deliver water to the Milk River to benefit to the farmers, tribal users, and municipalities of Montana’s Hi-Line. Jennifer Patrick, the project manager for the Milk River Joint Board of Control, and Marko Manoukian, the local chairperson for the St. Mary Rehabilitation Working Group, give us an inside view of how local stakeholders responded to the disaster and supported the reconstruction. We also feature conversations with Senators Steve Daines and Jon Tester and Congressman Greg Gianforte, who was recently elected the next governor of Montana, all three

of whom supported the drop 5 reconstruction and delivered remarks at the ribbon cutting. We also speak with Steve Davies, the manager of Reclamation’s Montana area office.

Also in this issue, we speak with Mike Miller of central Washington’s Greater Wenatchee Irrigation District about the district’s new Watertronics pump; hear from Jan Boling about how the Madera Irrigation District in California’s Central Valley is replacing its old turnout meters with new technology; and speak with George Pappas of insurance company Allied Public Risk about the WaterPlus program, which provides property and liability insurance to about 3,000 water-related entities around the nation.

Technology, law, coordination, design, and risk management: These are just some of the topics that a water manager must know how to deal with. The stories in this issue of Irrigation Leader will show you the skill with which our nation’s water resources professionals handle the intricacies of the water world. IL Kris Polly is the editor-in-chief of Irrigation Leader magazine and the president of Water Strategies LLC, a government relations firm he began in February 2009 for the purpose of representing and guiding water, power, and agricultural entities in their dealings with Congress, the Bureau of Reclamation, and other federal government agencies. He may be contacted at kris.polly@waterstrategies.com.

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Larry Martin: The Skills of a Top Water Lawyer firm for about 30 years, though we have changed names over the years. I graduated from Washington State University, went to law school at the University of Puget Sound, and have been in Yakima since shortly after graduation. I started getting into water law within a couple years of coming to Yakima. At the time, our firm was heavily involved in the State of Washington vs. Acquavella water rights adjudication for the Yakima River basin. I started working on the case with one of my senior partners, found out that I really liked water law and the people I represented, and have been involved with it ever since.

Irrigation Leader: What is distinctive about water law as compared to other fields of law?

Larry Martin: The basic principle of water law sounds simple: First in time is first in right. However, the details can be complex. There are many nuances, and almost every issue and situation is a little different. Even though the general concepts of water law are straightforward, applying them in the real world can be difficult. I have also found over the years that there are few attorneys who practice in water law on a regular and consistent basis. I work in it on a full-time basis. It is not a field of law you can dabble in. It takes a while to learn all the acronyms and details. It is also surprising how much biology is needed, as water law relates to fish, habitat, chemicals, and other environmental issues.

Irrigation Leader: How did you learn about the field? Did you learn by doing, or did you have a mentor in your firm?

Aerial view of agricultural and residential development along the Yakima River in Selah, Washington.

I

Irrigation Leader: Please tell us about your background and how you came to be in your current position.

Larry Martin: I am a lawyer in Yakima, Washington, with Halverson Northwest Law Group. I have been with this law

8 | IRRIGATION LEADER | January 2021

irrigationleadermagazine.com

PHOTO COURTESY OF JOE MABEL.

rrigation districts have many distinctive legal needs, both those related to water rights and the regulations incumbent on organizations that deal with environmental topics and those related to employee issues, real estate, contracts, and a variety of other legal issues. That means that a lawyer who specializes in working with irrigation districts and water companies needs a wide variety of skills and experiences. In this interview, Larry Martin, an attorney with Halverson Northwest Law Group, tells us about his long experience in water law and the gamut of skills needed to be an effective water lawyer.

Larry Martin: I did have a mentor in my firm. His name was Don Bond, and he had been working in water law for many years. He is now retired. When I started our firm and clients were right in the middle of the Acquavella adjudication. I was thrown right into the process. We had to develop water rights for numerous clients, including irrigation districts, water companies, cities, and farmers. Each client required an evidentiary hearing for the court to determine its respective water rights. We had to put together all the information on the history and the water use of each of those particular entities; file exceptions or appeals; and review the claims of others to make sure that they did not adversely affect our clients. We were in court at least monthly for many years due to the complexity of the adjudication and the number of parties involved, including the United States, the State of Washington, the Yakama Nation, irrigation entities, municipalities, and many individual water users. Nothing provides a better education than preparing and presenting a thorough analysis of your clients’ water rights and their history. I am also indebted to the late Jim Trull, the former manager of the Sunnyside Valley Irrigation District. He not

only got me involved with the National Water Resources Association and our state association, but he was also a great mentor and friend.

Irrigation Leader: If most of your work today focuses on general business operations, does that mean that you are not involved in as much litigation today?

Irrigation Leader: What sorts of water-related entities make up the majority of your clients?

Larry Martin: That is correct. When the adjudication was at its peak, I was probably in court at least two or three times a month. Now, I seldom see the inside of a courtroom. My work mainly consists in giving advice and providing support.

Going to court is a small part of what I do today.

Larry Martin: Most of my work is for irrigation districts and irrigation water companies. I also do a lot of work for private water users, such as farmers, irrigators, and municipalities, who all have important water rights.

Irrigation Leader: What is unique about irrigation districts as legal clients?

Larry Martin: Water rights work is an important aspect of their legal needs, but it is only one of many. Irrigation districts are not that different than other municipal-type entities like cities and counties. They have the same sorts of issues that almost any government entity may have, such as employee issues, real estate issues, and business contracts that need to be reviewed. On top of that, they face all the regulatory issues that affect water users, such as the Endangered Species Act (ESA); the Clean Water Act (CWA; and other health, safety, and water regulations.

Irrigation Leader: Does water law in Washington State differ from water law elsewhere in the West?

Larry Martin: No, it is generally consistent. Every state’s water laws have some differences, but the concepts and analysis of western water law are similar across the western states. I am registered as a lawyer in Oregon as well as in Washington.

Irrigation Leader: How have water law and the overall field of water management in the West changed over the course of your time as an attorney for irrigation districts?

Irrigation Leader: What proportion of your work for irrigation districts do those various issues make up?

Larry Martin: The overall breakdown has changed over time. When I first started, our work for irrigation districts primarily concerned water rights and water issues related to the adjudication. Because all my clients in the Yakima Basin were involved in the adjudication, that took up 80–90 percent of the time I devoted to irrigation district and water company clients. We had numerous hearings, legal issues, mediations, and settlement negotiations. Now, as the adjudication has wound down, most of the focus is on what I call general business-type issues: real estate; contracts; agreements; and keeping on top of the ESA, the CWA, and other regulatory requirements. Now, only about 20 percent of the work I do for irrigation districts and water entities relates to water rights; 80 percent is general business or regulatory work.

PHOTO COURTESY OF BRIAN PRECHTEL.

Irrigation Leader: Is that because many of the disputes over rights have been definitively settled?

Larry Martin: Yes; we are at the end of the Acquavella adjudication. All the water rights for my clients, as well as for almost everybody else in the Yakima basin, have been confirmed and settled by the court. Now that we know all the water rights for everybody in the Yakima basin, everybody can focus on other topics. However, Washington State is considering starting adjudications in other basins that will affect my clients in those basins. irrigationleadermagazine.com

Apple and pear orchards along a canal in the Yakima River Valley.

January 2021 | IRRIGATION LEADER

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Center pivot irrigation near the Columbia River in Washington State.

Larry Martin: The regulatory landscape has become a bigger part of everything that we do. Even though a lot of the laws and regulations were enacted many years ago, they did not seem to be the focus of many of my clients or of government regulators. Over time, the regulations have seemed to get more burdensome and widespread and have become a bigger focus for almost every irrigation district and water company as well as for anybody who practices water law.

Irrigation Leader: How does urbanization affect the operations of the irrigation districts you work with from a legal point of view?

10 | IRRIGATION LEADER | January 2021

Irrigation Leader: Are there any other trends in the water world that are affecting the practice of water law?

Larry Martin: One of the trends that we are seeing in Washington is that no new water rights are being issued by the state. Every basin in the state of Washington has been determined to be overappropriated. That means that people who need water increasingly must acquire that water from somebody else. One of the big changes over the last 10Â years or so has been a major focus on water transfers, water sales, and water purchases. Those can be time consuming, because you cannot just go out and buy and physically move water to your location. You must make sure that the proposed transfer is going to work in the new location and not impair anybody else. That has become a bigger focus not only of the water users, but of water lawyers as well. irrigationleadermagazine.com

PHOTO COURTESY OF SAM BEEBE.

Larry Martin: It is an extra factor that every irrigation district and water company must be aware of. The irrigation districts and water companies were formed for the irrigation of farmland. Now, with increased population moving in, cities expanding, and more houses being built, their responsibilities have changed. They now not only provide irrigation water for farms but also irrigation water for yards.

That also brings in lots of new members who have needs

different from those of farmers. It adds a layer of complexity and requires you to comply with additional regulations.

You need to make sure that you have sufficient easements, rights of way, and distribution systems, and you must work effectively with local government agencies.

Pear orchards near Dryden, Washington.

Irrigation Leader: So, if somebody buys a water right from someone else and wants to use it in a different geographical location, they must make sure that they don’t inadvertently violate some legal restriction?

PHOTOS COURTESY OF THAYNE TUASON AND LARRY MARTIN.

Larry Martin: They must make sure that they are not going to impair somebody else’s water rights. All transfers must go through an extensive regulatory process and analysis. For example, it is extremely difficult to buy a water right and move it upstream because of issues related to the environment, fish, and other users in between the two points of diversion. Also, if you are trying to transfer a groundwater right, you need to look at whether water is available in the new basin. Not every area has an unlimited amount of water and groundwater. Before you acquire a right, you need to make sure that you are going to be able to acquire and use that water in the new location.

Irrigation Leader: What skills should an irrigation district look for in a water lawyer?

Larry Martin: A water lawyer needs to have a broad range of skills. You do not need somebody who is doing litigation or environmental work all the time. You are going to need a general-purpose lawyer who can provide answers on real estate; rights of way; employees; and the regulatory issues that affect irrigation districts, including those related to water rights, the ESA, and the CWA. One reason that there are relatively few water lawyers out there is that there are frankly not that many who have that broad range of needed legal background in all those areas. You might be able to hire irrigationleadermagazine.com

a law firm that has that range of skills, but trying to find it in an individual lawyer can be difficult. All those legal areas cannot be learned in one law school class. It takes quite a few years to develop the necessary skills and knowledge base in all those different areas.

Irrigation Leader: What is your advice for a young lawyer who would like to become a water lawyer?

Larry Martin: Take a broad range of classes in real estate, legal writing, contracts, environmental law, and water law, if offered. Take summer jobs or internships with law firms, government entities, or other agencies that focus on environmental or water law issues. When you do become a lawyer, join a firm or other lawyers that practice in those areas and represent irrigation districts or other water users.

There is no better way to become a water lawyer than by learning from somebody who is already doing it. I do not know if you could ever become a water lawyer completely on your own, straight out of law school. It takes a few years to understand all the laws and politics that affect irrigation districts and water companies. IL Larry Martin is an attorney with Halverson Northwest. He can be contacted at lmartin@hnw.law or (509) 248‑6030.

January 2021 | IRRIGATION LEADER

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Jennifer Patrick and Marko Manoukian: Successful Emergency Repairs on the Milk River Project

Drop 5 after its catastrophic failure on May 17, 2020.

Drop 5 on October 8, 2020, when water began to run again.

O

Irrigation Leader: Please tell us about the drop 5 failure that occurred in May 2020.

Jennifer Patrick: At approximately 3:00 p.m. on Sunday, May 17, the concrete drop structure on the St. Mary Canal known as drop 5 failed. Drop 5 is located northwest of the town of Cut Bank on the Blackfeet Reservation. The failure of drop 5 left the entire Milk River basin without supplemental water for the rest of the irrigation season.

14 | IRRIGATION LEADER | January 2021

We do not know what happened in technical terms. To me, it looked like a bomb had been placed under the middle section of the drop structure. More than half the structure was gone, and there was a large hole where water washed a significant amount of material downstream. We discussed temporary fixes to the structure and other interim measures, but by the time they would have been implemented, the costs would have outweighed the benefits.

Irrigation Leader: How did you decide what action to take at that point?

Jennifer Patrick: Reclamation had people on the ground on Monday morning. We sent personnel from HDR Engineering, including Stan Schweissing, who eventually took lead on the project, to assess the structure the next day.

Then the MRJBOC, Reclamation, and the State of Montana held a conference call to discuss our next steps. We started talking to contractors about the time frame for a partial or full replacement of the structure. Reclamation started running the numbers on the possibility of piping water around the collapsed structure. It’s right next to a wetland, so we had to take that into consideration. Reclamation’s technical service compiled information on all these interim options. We looked at both rehabilitation and replacement. On June 4, the MRJBOC made the decision to assume operations and irrigationleadermagazine.com

PHOTOS COURTESY OF JENN PATRICK AND THE BUREAU OF RECLAMATION.

n May 17, 2020, a drop structure on the Milk River Project, which conveys water to the Milk River in Montana’s Hi-Line Region, failed catastrophically, eliminating or significantly reducing irrigation water flows across the Milk River basin. The Milk River Joint Board of Control (MRJBOC), the State of Montana, the Bureau of Reclamation, and other stakeholders immediately sprang into action, assessing the site, modifying existing plans, and beginning construction in August. By early October, water was flowing through the project’s infrastructure once again. In this interview, MRJBOC Program Manager Jennifer Patrick and Marko Manoukian, the Montana State University extension agent in Phillips County and the local chairperson for the St. Mary’s Rehabilitation Working Group, tell Irrigation Leader about how they addressed this emergency situation and their outlook for the future.

maintenance of the drop 5 structure and do a full replacement.

We also decided to fully replace drop 2.

The flow in the Milk River in that area was 3 cubic feet per second at most. You could jump over it.

Irrigation Leader: Please tell us about the design and construction process.

Marko Manoukian: As Jenn pointed out, there was enough water for one round of irrigation, and we had a normal-to-dry July and August, which didn’t help crop production at all.

Jennifer Patrick: We had already planned to do construction on drop 2 in 2020–2021, so we had 90 percent of the engineering for drop 2 completed and in hand. The drop 2 and drop 5 structures are similar, despite the topography of the land around them being different. HDR’s team was wonderful and quickly modified the drop 2 design for drop 5, which is about 100 feet longer. Terracon had previously performed the geotechnical assessments on drop 2, so Brian Williams was familiar with the area. He rearranged his schedule and came on site a week after the failure to make an initial assessment of the soils and perform exploratory drilling. The engineering was a large joint effort between the MRJBOC, HDR, and Reclamation.

HDR led the design, but there were daily conversations on the decisions. The Blackfeet Tribe also worked closely with Reclamation on all environmental and cultural compliance issues. On the construction side, Sletten Construction Company was the lead contractor; it received support from the Blackfeet Tribal Employment Office and M&D Construction.

Irrigation Leader: When did construction begin?

Jennifer Patrick: On June 22, Sletten Construction mobilized on site. Work on drop 2 started first, since there was extensive cleanup and permitting to complete at drop 5.

The first concrete placement on drop 2 occurred on July 23, and the first concrete was placed on drop 5 on August 19. We finished all construction on October 5, and water was turned back on on October 8. Sletten and its team were excellent to work with. Two of the guys in the Sletten office, Thad Pederson and Matt Poppa, and their shop manager had a real nightmare working through all the logistics of getting material to site to keep the crews happy.

We had many challenges during construction, but from my perspective, we tackled it as a team, and the outcome of turning water on 22 weeks after a failure, in a remote location and in the middle of a pandemic, is impressive.

Irrigation Leader: How did the drop 5 failure affect operations for the remainder of the year?

Jennifer Patrick: We had a full pool in Fresno, which allowed the Milk River irrigators to carry out one round of irrigation, although it was half the water they usually get.

The users along the canal, the users in Canada, and the users above Fresno do not have offsite storage facilities like the one in Fresno. Those users include the Canadian towns of Milk River and Coutts and the town of Sweet Grass, Montana. They do have some minimal storage in their facilities, but they had to ration for most of the summer. irrigationleadermagazine.com

Irrigation Leader: What was the rough cost of this project, and who paid for it?

Jennifer Patrick: The estimated cost was $8 million. We came in under budget, but we are still wrapping things up. We applied for extraordinary/emergency maintenance funds under Public Law 111‑11 and were approved by Reclamation Commissioner Burman. That replaced our normal 25/75 cost share with a 50/50 split. The St. Mary Rehabilitation Working Group had secured a bond with the state legislature in 2007, but it could only be used on the condition that the federal government entered into a costshare agreement that was more favorable than our existing operation and maintenance agreement. That meant that the bond had been sitting there since 2007, unable to be used, until we got the 50/50 cost share. The bond funding covered the majority of the nonfederal half of the project funding.

The State of Montana and the Montana Department of Natural Resources and Conservation (DNRC) were able to contribute a large portion of the funds, in addition to two DNRC grants and two Growth Through Agriculture grants from the State of Montana. The irrigators, pumpers, and municipalities also contributed, as did the working group.

Funding this project was a basinwide effort.

Although we did not have a congressional act or costshare change, Senators Tester and Daines and Congressman Gianforte worked behind the scenes on some critical logistics. The Montana state delegation and the governor’s office were also supportive.

Irrigation Leader: Your project is located on the border with Canada and delivers water that goes to Canadian users. Was there an international aspect to this project, either in terms of funding or of coordination?

Jennifer Patrick: Financially, no, but there was some logistical coordination. The United States and Canada worked to clear concrete trucks through a border crossing gate, helping them avoid a round trip of more than 2 hours.

That was a big deal, since with COVID‑19, the border is closed to a lot of travel.

Irrigation Leader: What was the role of the Blackfeet Nation in this project?

Jennifer Patrick: After the failure, we immediately informed the tribe. The landowners who live along the canal are also tribal members. They were in touch with us and the Tribal Council.

January 2021 | IRRIGATION LEADER

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Sletten Managers Thad Pederson and Matt Poppa and MRJBOC Program Manager Jennifer Patrick prepare to release a rubber duck down drop 5 on the day of the ribbon cutting to ensure that the water really runs.

16 | IRRIGATION LEADER | January 2021

Irrigation Leader: What was the role of the St. Mary Rehabilitation Working Group?

Jennifer Patrick: The St. Mary Rehabilitation Working Group may have taken a back seat in the day-to-day construction, but the project would not have happened without it. The bond funding and the drop 2 engineering designs were vital components of the project that the working group had previously worked on. For me personally, the relationships that the group cultivated over the years were among the most important things that helped me navigate the project. We were able to call on many people who have been involved in these issues for a long time, such as Gerald Lunak. The ground work the working group laid needs to be recognized.

Marko Manoukian: The whole reason that the St. Mary Rehabilitation Working Group was formed was to avoid a irrigationleadermagazine.com

PHOTO COURTESY OF JENN PATRICK.

We contracted with the tribe to help us with the cultural and environment permitting. During construction, we coordinated with the Tribal Employment Rights Office. The ladies in that office worked diligently to send us crew and specialized laborers. There was quite a bit of coordination, especially since most workers had to travel more than an hour daily. The Tribal Council was also supportive. Initially, when the failure happened, the DNRC was able to provide some grant funding to the Blackfeet Tribe to engage its engineer and compact team members in the project. Those members—Lyle Meeks, Gerald Lunak, and Jeanne Whiteing—provided invaluable information and coordination as we navigated the failure.

Considering the extensive travel to site on gravel roads, I need to mention one of our most important partners, Rumney Ranch, which allowed us to set up a man camp to minimize travel to site, allowing us to increase production.

It was my experience that the entire Blackfeet Nation was more than willing to help us however it could.

The forms are stripped from the inside of the walls and compacted backfill is placed along the outside of the walls at the construction site of the St. Mary Canal’s drop 5 structure on October 5, 2020.

PHOTOS COURTESY OF THE BUREAU OF RECLAMATION, JENN PATRICK AND MARTHA MINTZ.

catastrophic failure like the one that happened at drop 5.

We have met regularly with our congressional delegation to try to find a larger chunk of money to address some of these issues. In April, we had been talking about rehabilitating a diversion structure as well as drops 2 and 5. Now, obviously, drops 2 and 5 have been rebuilt, but we still have a diversion structure that will cost upward of $40–$50 million to be repaired. We are working continually with our congressional staff to identify the language we need and the appropriations we need to make that happen. We want to start with a cost share adjusted to reflect the normal cost of these projects, the fact that the diversion structure serves a broader audience than it was originally intended to, and the burden of complying with endangered species regulations. We still haven’t gotten federal legislation to address this. We also need large sums of money to address things like siphons and Fresno Dam. We continue to work with our delegation to figure out how to do that.

Irrigation Leader: What are the next steps for the Milk River Project?

Marko Manoukian: If we could get a 75/25 cost share on the diversion dam structure, that would be terrific. We’d still struggle to find 25 percent of the cost of a $50 million project, but that cost-share breakdown would get us a lot closer. We’ve shown that the work can be successfully done in a short time frame. I hope that that will make the next step easier.

Irrigation Leader: What are the most important lessons you learned from the replacement of drops 2 and 5?

Jennifer Patrick: Don’t put off infrastructure work that you could have done 10 years ago. We also learned that we’re not in this alone. The MRJBOC, the St. Mary Rehabilitation Working Group, 10 Canadian agencies, and irrigationleadermagazine.com

40 U.S. agencies were involved in addressing this failure.

There are people willing to step up and help on this. That’s a big deal going forward, because as Marko said, we’re not done. We have more than $200 million worth of projects that need attention.

Marko Manoukian: I hope we don’t have to wait for another catastrophe to do something. I hope we can start to address these critical infrastructure needs more proactively. There’s no resounding chorus in Congress for addressing our failed infrastructure, which the country gets a D+ for. That’s unfortunate and I hope it changes, although I’m a little cynical about whether it will.

Jennifer Patrick: There is one other thing I’ve learned from this project: Surround yourself with great people who have the same common goal, and you won’t fail. There was not a person on this team from finance to onsite construction who didn’t want to see water turned on. It was an incredible project to be a part of. Everyone set their personal agendas and politics aside for a common goal. I would work with this team again in a heartbeat. IL

Jennifer Patrick is the program manager of the Milk River Joint Board of Control.

She can be contacted at jenn@mrjboc.com or (406) 945‑3383.

Marko Manoukian is the Montana State University extension agent in Phillips County and the local chairperson for the St. Mary Rehabilitation Working Group.

He can be contacted at pcextn@mtintouch.net or (406) 654‑2543.

January 2021 | IRRIGATION LEADER

| 17

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How the Montana Congressional Delegation Worked to Support the Drop 5 Reconstruction

W

hen drop 5 on the St. Mary Unit of the Milk River Project failed in May 2020, a large group of stakeholders, including the Milk River Joint Board of Control (MRJBOC), the Bureau of Reclamation, and the State of Montana came together to address the problem and repair the structure. Montana’s delegation to Congress— Senators Steve Daines and Jon Tester and Congressman Greg Gianforte—also played a key role in coordinating efforts and pushing forward legislation to address the situation. In this interview, we speak with Senators Daines and Tester and Congressman Gianforte, who was recently elected governor of Montana, about their involvement in the drop 5 reconstruction and their legislative efforts to aid the Milk River Project.

Senator Steve Daines Irrigation Leader: Please tell us about your experience over the past few months working to secure funding and help for the Milk River Project.

Irrigation Leader: What has your experience working with the Bureau of Reclamation and the U.S. Department of the Interior been like?

Steve Daines: Reclamation and Interior have been fantastic to work with. Throughout the entire process, they were flexible and communicated regularly, turning over every rock to look for additional ways to help streamline the project and reduce the burden on the Montanans who were in dire need of this fix.

Irrigation Leader: What was it like to be at the drop 5 ribbon cutting?

Steve Daines: It was exciting to celebrate a huge bipartisan accomplishment and to finally see water running through the canal again. I had been there earlier in the summer, and

20 | IRRIGATION LEADER | January 2021

Irrigation Leader: What will the effects of the drops 2 and 5 reconstruction be?

Steve Daines: The quick and timely reconstruction of drops 2 and 5 means that the farmers, ranchers, water users, and tribes on the Hi-Line will all have access to clean water again. This is also a great example of how we can come together in a bipartisan fashion and quickly turn around major projects to help Montanans in need.

Irrigation Leader: What are the current prospects for S. 1305, the St. Mary’s Reinvestment Act? Steve Daines: I’ve been working extensively with my colleagues on the Senate Energy and Natural Resources Committee to get the St. Mary’s Reinvestment Act through committee and to the Senate floor for a vote. We have to get this past the finish line. I’ll continue to work with the entire delegation and Senate leadership to push this through as soon as possible to prevent another catastrophic failure from happening in the future.

Governor-Elect Greg Gianforte Irrigation Leader: Please tell us about your experience over the past few months working to secure funding and help for the Milk River Project.

Greg Gianforte: It’s been an honor to advocate for Montana producers in Congress for the last 3 years, and I’m looking forward to continuing that work as Montana’s next governor.

Before the failure of drop 5, we had been working with Interior to secure funding and upgrades for important infrastructure projects like this one. In May 2020, when drop 5 failed, it became an immediate priority of ours. In collaboration with local irrigators, the State of Montana, and the Trump administration, we were able to secure the funding needed to get water flowing through the Hi-Line again.

Irrigation Leader: What has your experience working with Reclamation and Interior been like?

Greg Gianforte: We couldn’t have accomplished this without everyone coming together to push this forward. Both here in irrigationleadermagazine.com

PHOTOS COURTESY OF THE OFFICE OF STEVE DAINES, THE OFFICE OF GREG GIANFORTE AND THE OFFICE OF JON TESTER.

Steve Daines: The catastrophic failure of drop 5 on the St. Mary Unit was a perfect example of why we needed a legislative change in the cost share. Thankfully, we saw great bipartisan collaboration and partnership among Congress, the Trump administration, and the stakeholders, all moving toward the same goal of expediting water delivery. Progress toward that goal was further aided by administrative relief. Working together in good faith is what led to the reconstruction of the Milk River Project as fast as it occurred, and that same momentum and collaboration is now needed to push legislation forward.

the difference was monumental, showing that months of hard work and coming together had paid off. It was a great moment to celebrate that success and what it means for Montana water users and irrigators.

Montana and back in Washington, Assistant Secretary Petty and Commissioner Burman and their teams were eager to help us solve the issue.

Irrigation Leader: What was it like to be at the drop 5 ribbon cutting?

Greg Gianforte: The ribbon cutting was a culmination of the hard work and collaboration it took to get this project done. It was great to be there to see the water flowing back through the Milk River Project, which directly supports Montana producers, tribes, and Hi-Line communities.

Irrigation Leader: What will the effects of the drops 2 and 5 reconstruction be?

Greg Gianforte: When drop 5 failed in May, folks weren’t sure their faucets were going to work anymore. Getting water flowing again through the Milk River Project has been a critical lifeline for the Montana farmers, ranchers, towns, and tribes that depend on the project for water.

Senator Jon Tester Irrigation Leader: Please tell us about your experience over the past few months working to secure funding and help for the Milk River Project.

Jon Tester: It’s no secret that funding for the Milk River Project is long overdue—I’ve been fighting for it since I was in the state legislature. But over the last few months, especially with the emergency work on drops 2 and 5, Montanans have really come together and are sending a strong message to folks in Washington, DC, that this project needs rehabilitation as soon as possible. I’ve been really impressed by the leadership from the Milk River Joint Board of Control (MRJBOC) and the St. Mary Rehabilitation Working Group. They managed to get everyone pulling in the same direction under tight timelines, including state, federal, and tribal partners, and it has paid off big time.

Irrigation Leader: What has your experience working with Reclamation and Interior been like?

Jon Tester: Reclamation staff really understand the importance of the Milk River Project and what it means for Montana’s Hi-Line. In response to the emergency at drop 5, they were quick on their feet to get teams deployed and worked quickly to release extraordinary maintenance funding. There’s always going to be some wrangling over budget constraints and costs when we start talking about legislation, but I’m glad Reclamation has been at the table. irrigationleadermagazine.com

Irrigation Leader: What was it like to be at the drop 5 ribbon cutting?

Jon Tester: It was really great to see all the hard work over the course of this year pay off. You don’t often see a coalition this broad coming together to pull for the same thing, which emphasizes how important the Milk River Project is for Montana. That being said, it was also pretty sobering. The Milk River Project is over a century old, and we absolutely need to be doing aggressive rehabilitation work across the system to prevent catastrophic failures going forward. The teams found some severe erosion during reconstruction, which really emphasizes the fact that there may well be other elements of the system that are teetering and that we need real federal support to head that off at the pass.

Irrigation Leader: What will the effects of the reconstruction of drops 2 and 5 be?

Jon Tester: The reconstruction of drops 2 and 5 means that the Milk River Project can continue operating. That sounds simple, but it means that we’ll still have 148,000 irrigated acres, we’ll be able to honor tribal water rights, and four northern Montana towns will continue to have access to municipal water supplies. This project is the backbone of the Hi-Line, and getting it back online is absolutely essential for thousands of people. Getting the system operational again is a huge win, and we need to roll with this momentum into continued rehabilitation work across the system.

Irrigation Leader: What are the current prospects for S. 1305, the St. Mary’s Reinvestment Act?

Jon Tester: We’ve had some good progress over this year, from a hearing with Reclamation to a deep dive on the bill with the Senate Energy and Natural Resources Committee and the MRJBOC. The emergency this summer really lit a fire in the Senate, and I think we’re poised for some action on the bill at the start of 2021. IL

Steve Daines is a United States Senator from Montana. For more information about Senator Daines, visit daines.senate.gov.

Greg Gianforte represented Montana in the U.S. House of Representatives from 2017 to 2021 and will be sworn in as governor of Montana on January 4, 2021. For more about Governor-elect Gianforte, visit montanacomeback.com.

Jon Tester is a United States Senator from Montana. For more information about Senator Tester, visit tester.senate.gov.

January 2021 | IRRIGATION LEADER

| 21

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Reclamation’s Role in the Drop 5 Reconstruction

A

fter the recent catastrophic failure of one of the Milk River Project’s drop structures, the Bureau of Reclamation worked intensively with the Milk River Joint Board of Control (MRJBOC), the State of Montana, the Blackfeet Tribe, and other stakeholders to plan for a permanent repair to the structure. In this interview, Steve Davies, the manager of Reclamation’s Montana area office, tells Irrigation Leader about the close collaboration that went into a successful, timely repair and shares the wisdom he has gained over 35 years at Reclamation.

Irrigation Leader: Would you give an overview of Reclamation’s role in the reconstruction of drops 2 and 5?

26 | IRRIGATION LEADER | January 2021

The reconstructed drop 5 structure seen from below in October 2020.

perhaps a little better than Reclamation can. The MRJBOC did take the lead in this case. It was in a position to move faster than Reclamation could.

One of the reasons for its ability to move quickly was that the MRJBOC had already designed a replacement for drop 2, a similar structure about 2 miles upstream of drop 5. Drop 2 was planned to be replaced in 2020, with the MRJBOC taking the lead role in accordance with the contract arrangement I described. In the meantime, drop 5 failed. Reclamation worked with the MRJBOC to expand its existing plans to include drop 5 as well. Working collaboratively with the MRJBOC and the State of Montana Department of Natural Resources (DNRC), with the latter as a key funding partner, we developed a plan to work on drops 2 and 5 simultaneously with the MRJBOC as the lead entity. The MRJBOC immediately brought on board a large contractor, Sletten Construction, and its engineering consultant, HDR Engineering Inc., to start onsite work.

Reclamation’s role became more focused on financial and technical review, technical support, and problem solving, while the MRJBOC directly led all onsite work.

Irrigation Leader: Was this project distinctive in terms of the number of partners you were working with and the fact that you transferred some of your responsibilities to the MRJBOC? Steve Davies: It is unlike other projects Reclamation has done in Montana, especially in terms of scale and complexity. Every situation and problem we encountered irrigationleadermagazine.com

PHOTOS COURTESY OF THE BUREAU OF RECLAMATION.

Steve Davies: As an agency that has aging infrastructure across the West, we’re always ready to deal with the incidents that occur. That said, the failure of drop 5 was pretty unusual in its magnitude, importance, and effects. The Milk River Project serves water to eight irrigation districts, tribal entities, municipalities, and about 150 individual farm contract pumpers, serving over 120,000 acres and 14,000 people. Most of that water flows through this structure.

The timing of this failure was actually lucky. If drop 5 was going to fail, this was the opportune time for it to happen.

Two storage reservoirs that are located downstream of drop 5, Fresno and Nelson, were full. It was early in the irrigation season, so there was enough time—although just barely—to do the work before winter set in. We were also lucky that the failure occurred when the canal wasn’t operating at full capacity. We had actually shut the canal off the day before the failure for a repair about 15 miles upstream of drop 5, so it had less than half the flow it normally does.

All the facilities on the St. Mary Unit of the Milk River Project are reserved-works facilities, which means that Reclamation forces do all the operation and maintenance (O&M) work on them. However, in order to get this project going as quickly as possible so that we didn’t lose the entire season, we had to bring on partners, including water users, the State of Montana, a contractor, engineering forces, and tribal work forces.

The drop 5 failure was essentially a statewide emergency, because the Milk River Project serves a huge area and large population across northern Montana. We immediately met with the MRJBOC, which represents eight irrigation districts, to discuss options for repairs. We have a contractual arrangement with the MRJBOC that allows it, with Reclamation approval, to take the lead role in certain O&M projects on the Milk River Project. The MRJBOC has the capability to take on large O&M projects. It pays the majority of O&M costs on the Milk River Project, and when it takes on O&M projects, it can control costs and timelines

was put on the table for all to jointly solve together. It was no small feat for the MRJBOC to dive in and lead this huge project, because it has its own projects on its distribution systems as well. The leadership demonstrated by Jennifer Patrick, the manager of the MRJBOC, in this effort was phenomenal.

Irrigation Leader: What was Reclamation’s role in funding this project?

Steve Davies: The normal funding process for projects on St. Mary Canal facilities is that Reclamation appropriates 100 percent of the money for all operations, maintenance, and replacements. Normally, Reclamation would appropriate all the money and then bill water users for their proportionate share, which is about 74 percent. In the case of replacing drops 2 and 5, this would normally have involved Reclamation fronting the full $8 million estimated project cost up front and then billing water users.

However, in the situation of a major structure failure like this, entities can use Public Law 111‑11 to apply for extraordinary maintenance funding assistance—essentially advance funding that can be repaid over time. The MRJBOC requested this assistance. Because of the effect the failure had on project water users, who faced huge potential crop losses and the loss of municipal water supplies, Reclamation Commissioner Burman determined that the project qualified for emergency extraordinary maintenance funding. This provided a 35 percent reduction in costs for the water users.

In addition to the assistance that P.L. 111‑11 provided, the State of Montana had previously passed legislation authorizing bonding authority for projects on the Milk River Project.

Funding from the sale of state bonds was made available to help offset the funds that Reclamation would otherwise have had to come up with and then bill water users for. To simplify a complicated story, you could say that a combination of Reclamation funding, state funding, and a special assessment of the water users funded the project.

Irrigation Leader: Would you tell us about the importance of collaboration in bringing this project to fruition?

Steve Davies: There were so many entities involved in making this successful—about 46 federal, state, tribal, and local entities, including agencies, congressional and state representatives, contractors, subcontractors, districts, and communities. That included 35 entities in the United States and 11 in Canada, as all the concrete and rockfill materials came across the border. Hundreds of people from these 46 entities were directly involved the project, all at a time when a pandemic was going on and the U.S.-Canada border was closed to nonessential travel. It is just unbelievable what we all accomplished together to get water running again in just 21 weeks. We’re so proud that Reclamation was a part of that. irrigationleadermagazine.com

Irrigation Leader: What have you learned and what have you seen change over your time at Reclamation?

Steve Davies: I am retiring in January after 35 incredible years with Reclamation. I’ve had the opportunity to work with so many talented people over these years, many of whom helped to teach me the Reclamation way of working together to get things done. Reclamation is a can-do agency. We are proud of what we do. We have incredible capabilities, both technical and nontechnical, and are good at rising to the occasion.

Working for Reclamation is one of the coolest jobs anybody can have. I never tire of walking into our power plants; I’m always in awe. It is incredible to be a part of keeping these massive structures running, operating, and providing water and power to the economy of the United States. The opportunity to work with so many people in different states has played an important role in shaping me.

What has been the most rewarding is working directly with the staff who in turn are working most closely with our stakeholders, who are the reason we exist.

I work every day with a variety of stakeholders who rely on our structures for their livelihoods. Our challenges include finding and securing funding, addressing aging infrastructure and failures, and making unique collaborations succeed. We’ve always been able to address technical issues, but where we’re changing is in our need to get more creative and to work more collaboratively with stakeholders and project beneficiaries to fund projects and do our day-today business. We need to adapt to change, which is hard.

We need to remain open minded and look at how we can directly respond to our partners and work together with them on their challenges.

Irrigation Leader: What advice do you have for young people who are considering a career at Reclamation?

Steve Davies: In my position, I get to see many people joining our agency. We have a lot of new faces coming into our office.

They’re smart, talented, and ambitious, and they want to jump in and learn and embrace the challenges that we face.

I say to them, take time to recognize the business aspects of Reclamation. We’re not just an agency that designs something on paper and then builds it. What we do affects many people and their livelihoods. It’s important for our young workforce to experience and understand the business aspects of our projects and do our part to make these successful. IL Steve Davies is the manager for Reclamation’s Montana area office. He can be contacted at sdavies@usbr.gov or (406) 247‑7298.

January 2021 | IRRIGATION LEADER

| 27

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The Greater Wenatchee Irrigation District’s New Pump Unit

Jerry Larossa with the GWID’s new Watertronics pump.

T

he Greater Wenatchee Irrigation District (GWID) services 10,000 acres in north-central Washington State. Its fully piped and pressurized system provides water for farmers who grow apples, cherries, pears, and other crops, mainly using drip and microsprinkler irrigation. The GWID recently replaced one of its pumps with a new Watertronics pump unit that includes a motor, a variable-frequency drive (VFD), and a meter in an easy-to-install format. In this interview, GWID Manager Mike Miller tells Irrigation Leader about the advantages of the new pump.

Irrigation Leader: How long have you been with the GWID, and how long have you been the manager?

Mike Miller: I’ve been here for 29 years and have been the manager for the past 11 years.

Mike Miller: We had a pump that served a single farmer and that never quite did what it was supposed to do. A few years

30 | IRRIGATION LEADER | January 2021

Irrigation Leader: What about this situation required a specialized pump?

Mike Miller: This is the highest delivery in the area, and it typically has low pressure. We have a VFD that feeds that area of our system, and we were turning up the pressure in the whole zone to try to get this customer water and breaking other people’s pipelines in the process. The new Watertronics pump was oversized and came with a VFD, so we could actually boost the pressure on the other side of the pump. The pressure was 40 pounds per square inch (psi) at his meter, but at the high spot, it was only 20 psi or so. The Watertronics pump takes the 40 psi pressure and boosts it to 60 psi, bringing the pressure at the high spot up to 40 psi.

That allowed us to dial our pressure in that zone down so that we weren’t blowing other people’s pipes up. irrigationleadermagazine.com

PHOTO COURTESY OF THE GWID.

Irrigation Leader: Please tell us about your recent pump upgrade.

back, we went on a tour of the Watertronics facilities. I was impressed with the way the company put its pumps together as a single pack. When this pump went bad and we needed to replace it, I wanted to try one of the Watertronics pumps.

Irrigation Leader: Your system is entirely piped, correct?

Mike Miller: Yes; it is entirely piped and pressurized.

Typically, we try to keep the pressure in our system at 80 psi, but in some cases, we increase it to 105 or 110. We noticed that other farmers were having failures in their systems because of our changes in pressure. That told us that we needed to figure out a different plan. We operate at a minimum of 35 psi.

Irrigation Leader: Tell us about this pump. How big is it and what are the specifications?

Mike Miller: It’s only a 7½ horsepower pump. It’s a 240‑volt, single-phase pump, because we didn’t have three phases at the location. What is distinctive about it is that it comes in a case that also includes the motor, the VFD, psi sensors, computer controls, and a meter. We meter everything and have been replacing old propeller meters with mag meters from Badger. The new meters have an antenna that reads to a Trimble unit and reports readings to our office. Our remote-read antennas should connect to the meter installed in the pump cabinet. Another nice feature is its built-in bypass. To make installation even simpler, the electrical disconnect box is prewired into the unit, so all we had to do was make the connections from the local power company electrical meter.

The installation of this pump was simple. We had to pour a concrete pad. The pipe came out of the ground and went over to the pump, so I just had to make some measurements to decide where to place the base of the pumps. We bolted the pump on the pad and bolted on the discharge. It was slick and easy. The electrical control box with the disconnect is outside the pump enclosure, and it is prewired. The state inspector who looked at it was thoroughly impressed with the pump and the way it was put together.

When we did the initial start, we discovered that one of the pressure sensors was dysfunctional and had come that way from the factory. This was an opportunity to see how fast Watertronics could get us repair parts. It was quick—the Watertronics staff said they could have done it the next day if it had been necessary. I was really impressed with that. We were able to operate the pump without the sensor with little loss of control. The part arrived quickly, and we were able to replace it and get it working without a hitch.

Irrigation Leader: So it’s not just a pump—it’s a pump, a meter, and everything else, all packaged together, and all you needed to do was pour a concrete pad and bolt it down?

Mike Miller: Yes. I’m a licensed electrician, and I did the installation with two of my crew members. We poured the concrete pad one day, did the installation the next day, did the electrical work, had the electrical inspector out to see it, and then it was finished. Had we not had to have irrigationleadermagazine.com

the electrical inspector out, it would have been a 2‑day turnaround. We spent about 29 man-hours on it in total. It attaches to the district’s and farmer’s systems with Victaulic connections. Everything necessary was included.

Irrigation Leader: Normally, would you have had to buy all the items individually and put them together yourself?

Mike Miller: Yes. We would have had to find a VFD that fit with the pump motor and put in a meter, bypass, computer, flow switch, psi sensors, and an electrical panel.

Then we would have had to wire and plumb all those components together. In this case, everything was included.

We connected three wires—the ground wire and two hot wires—and we were operating. It was really simple.

Irrigation Leader: That certainly saves a lot of time.

Mike Miller: When we’re subdividing, we’ve had problems with individual pumps that go out to individual zones like the one I mentioned. There is one area that is subdivided into hundreds of small parcels, but where there are not yet any homes. We’re going to recommend to the contractor that rather than putting in a remote-read meter and a separate pump—in which case the meter alone costs $6,000–$8,000 by the time it is installed—they replace the existing pump with one of these packages. The VFD will prevent fluctuations in pressure. It will shut off when nobody is running water and turn back on when water pressure drops. This is good, especially in a residential area where people will want their yards to be watered automatically. We won’t have to figure out a way to make that work; it is all built into the pump.

Irrigation Leader: What kind of meter is built into the pump?

Mike Miller: It’s a Data Industrial insert meter.

Irrigation Leader: Are all the components inside a sealed compartment?

Mike Miller: Yes. You just open the lid and everything is inside. If you need more access, you can remove the front panel. One of the other advantages is that all the components come from a single vendor. If something goes wrong, we can call Watertronics, which is the source of all the pieces. The components are guaranteed for 1 year from the date of installation.

Irrigation Leader: Did you order the pump directly from Watertronics?

Mike Miller: They have a salesperson in Pasco named Jerry Larossa who came to the district to inspect and help get information to build the pump. He also inspected January 2021 | IRRIGATION LEADER

| 31

A view inside the Watertronics pump unit.

everything on the day we did the wiring and performed the initial startup. He’s the person who discovered that the pressure switch was bad and ordered a new one for us.

He’s supposed to be here next week to check on things. He wanted to make sure that the pressure sensor was installed correctly so that we’re ready for next season.

Mr. Larossa is a nice and knowledgeable gentleman. He knew exactly what he was doing. We had bonded the neutral inside, and the inspector didn’t like it. Mr. Larossa looked at it and said that the inspector was exactly right. He took the bond off and did it the right way.

Irrigation Leader: Do you have a pump-replacement program right now, or does the GWID just replace pumps as needed?

Irrigation Leader: What do you think the expected life is?

Mike Miller: I would guess we’ll get 25–30 years out of it. The Watertronics pump at Howard Flats is near our board president’s house, and he’s meticulous about everything. The ones that will be the real storytellers are the ones in these residential areas. Mr. Larossa is supposed to be out there next week. He’ll look at the two areas in which we want to replace the existing pumps with similar Watertronics pumps. One of them is being replaced on the contractor’s dime.

I bet I’ve gotten at least 10 miles of pipeline replaced for free this year, but that’s a story for a different day.

I never thought I would see orchards coming out at a breakneck pace and homes going in in their place just as exuberantly. IL

Mike Miller is manager of the Greater Wenatchee Irrigation District in East Wenatchee, Washington. He can be contacted at mikem@gwid.org.

Irrigation Leader: When you burn up one of your standard pumps, what does it cost you to replace it?

32 | IRRIGATION LEADER | January 2021

irrigationleadermagazine.com

PHOTOS COURTESY OF THE GWID.

Mike Miller: We typically don’t replace unless we can’t repair, but the situation in areas that are getting subdivided is different. This is why: In an area that has farmland on one meter and pump, the farmers go down and start their pumps, run their water sets, and then turn their water and pumps off. We’ve burned up four or five pumps trying to get water users to quit leaving the pumps running when no water is flowing. Using one of these Watertronics pumps avoids that problem because it just cycles on and off.

With the Watertronics pump that we installed in Howard Flats, when I turned the water in the orchard off, the pump turned off within about 10 seconds. When I turned on a different section, it was back on and running within about 3 seconds. It got the pressure back up when we had the zone set. It was perfect. It came from the factory programmed to do that based on what we told them.

Mike Miller: Typically, we spend about $6,000–$7,000 to replace a small pump. We only need to replace the motor and the pump. The Watertronics pumps are a bit more expensive to put in, but you get a better-functioning pump that will probably have a longer life. We spent around $20,000 to install our new pump, including install time and labor.

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Greater Wenatchee Irrigation District

Keeping the Water Flowing in 2021 Phone#: (509) 884-4042 Fax #: (509) 884-8763 Email: Office@gwid.org

Greater Wenatchee Irrigation District Office Monday through Thursday 7am - 4:30pm Fridays 8am - 12:00pm

3300 SE 8th Street Wenatchee WA 98802 US

Madera Irrigation District Upgrades Its System

By Jan Boling

Smokey Carter of the MID installing a Technoflo PO12 open-flow meter.

T

36 | IRRIGATION LEADER | January 2021

irrigationleadermagazine.com

PHOTOS COURTESY OF JAN BOLING.

he Madera Irrigation District (MID) is one of many districts that have recognized the need to update their metering sites by replacing old turnout meters with new technology. The MID, which encompasses an area of approximately 139,665 acres in the Central Valley of California, operates a primarily gravity irrigation distribution system with approximately 300 miles of open-flow canal systems and 150 miles of large-diameter pipelines. It is a public agency whose mission is to obtain and manage affordable surface water and groundwater supplies and ensure the long-term viability of irrigated agriculture in its service area.

The MID’s water is sourced from surrounding lakes and mountain diversion contracts. The water is moved into the MID’s storage facilities through a network of lakes, rivers, tributaries, and canals, a process that requires constant surveillance and monitoring to maximize its efficiency.

MID Meter Technician Smokey Carter has seen a lot of changes in meter technology during his 48‑year career.

Having begun as a control writer for the district, he’s now responsible for maintaining and operating the district’s water meters. In 2016, he began replacing the district’s 35- to 40-year-old meters, mainly because he wanted more-dependable and more easily adaptable meters. As Smokey puts it, “Our challenge has been that the old meters had a certain turnout and couldn’t be adjusted. They were put in when the Bureau of Reclamation started the district. Apparently, it didn’t pay a lot of attention to the calibration because water wasn’t so expensive. Now, when repair is needed, it’s a problem, since you can’t adjust the calibration, resulting in a need for a new prop and gears that are calibrated for that exact meter. That could cost about $400 per meter. If just a new prop is needed, it’s about $289. Since the district has 999 meters, that’s a tremendous amount of money! Also, sometimes you can’t get parts for the old meters.”

Smokey approached TechnoFlo Systems of Porterville, California, to come up with a solution. TechnoFlo offers technology solutions and flow-measurement products to its customers, which include municipal clean water and wastewater agencies and entities in the agricultural irrigation industry.

Centrally located in California’s agricultural San Joaquin Valley, TechnoFlo can easily meet the needs of customers throughout Northern and Central California and Nevada.

Smokey started prodding TechnoFlo’s Steve and Eric Huth to come up with a new open-flow meter. In his words, “It took a while, but in 2015, I worked on the beta testing of the TechnoFlo PO12 open-flow meter, which went into production in 2016. The test proved successful.

TechnoFlo was with us throughout and always provided the help we needed.”

TechnoFlo is now in the second year of replacing the MID’s old-style turnout meters with TechnoFlo PO12 meters. The PO12 open-flow meter is designed to efficiently measure the flow in canal and reservoir outlets, closed conduits, discharge and inlet pipes, irrigation turnouts, and other similar installations. Modern construction relies mostly on electronic components, which reduce the number of moving parts and the cost of maintenance. The optimized design and construction of the PO12 make installation simple and allow the meter to be easily stored or transported.

Steve Huth, the president of TechnoFlo Systems, says, “The long-life, water-lubricated ceramic bearing and digital registers will provide the MID with a huge increase in metering life between repairs over its old ball-bearing meters with mechanical registers. Furthermore, the stabilized, easy-to-read LCD graphic display improves both flow-rate accuracy and totalizer readings.”

An open-flow meter being installed on the MID’s system.

According to Smokey, “The biggest plus of the TechnoFlo meter is its capability to reset the K factor to the different sizes of pipe without changing the prop. The prop is designed to adjust from 18 to 30 inches of calibration. I can move the meter around and just change the K factor. Since we have a meter in each box, it’s great. The meter stays in that box. And the same thing goes for lower ranges, such as 14–16 inches. The old-style meter had to stay in a pipe of one specific size, whereas the TechnoFlo meter can be adjusted by changing the K factor. I’m really impressed with the TechnoFlo PO12 meter.”

Since the MID has worked with TechnoFlo from the beginning of the development of the PO12 meter, Smokey knows what is going on. He can work with the meter, or contact a local tech based in Porterville, California, to see he’s covered. He adds that one advantage of working with TechnoFlo is that other companies don’t have local representatives. In some cases, other manufacturers have simply sent him operating manuals so that he can figure out how to program their devices on his own.

Another meter the MID has introduced is the Seametrics AG2000. Smokey cautiously watched its introduction before moving on it. As he puts it, “Initially, there was a glitch detected. I wondered how the company would back the product. I was really impressed with how Seametrics actually stood behind its product.” After witnessing that, the MID decided to purchase the magmeter. irrigationleadermagazine.com

Switching from propeller meters to magmeters also allows the water management program to reduce the distance of straight pipes. Smokey cited an example: “Propeller meters for 8‑inch pipe used to require a length of straight pipe 10 times the pipe’s diameter. Using the magmeter, the length only needs to be twice the diameter. If you had a pump with a 3-foot discharge, you couldn’t use a propeller meter, but you could use a magmeter. A magmeter’s no-moving-part design also saves a lot of money on maintenance compared to propeller meters, which are more prone to stop up, and magmeters enable a more accurate program in which you only get charged for what goes through the pump. But what really brought the magmeter into the MID was the possibility of using a shorter pipe while still getting the results needed.”

In closing, Smokey says, “I’m really impressed with TechnoFlo and Seametrics meters. They’re cost worthy and are lifesavers for our district.” IL Jan Boling is the president of Boling Associates Advertising & Marketing. For more about Boling Associates, visit www.bolingassociates.com.

January 2021 | IRRIGATION LEADER

| 37

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WaterPlus: Insurance for Irrigation Districts and Water Entities

S

everal years ago, recognizing that few insurers had a dedicated proprietary form for water entities, the insurance company Allied Public Risk created the WaterPlus program. It provides both property and liability insurance to about 3,000 water-related entities around the nation, including water districts, water authorities, sanitation and wastewater facilities, irrigation entities, and specialpurpose districts. In this interview, George Pappas, a senior vice president for distribution at Allied Public Risk, tells Irrigation Leader about the advantages of WaterPlus and the many factors an irrigation entity should consider when choosing a policy.

Irrigation Leader: Please tell us about your background.

George Pappas: I’m originally from the Northeast. I was raised in Pennsylvania and attended Hobart College in Geneva, New York, in the beautiful Seneca Lake area. After graduation, a lot of my friends moved on to Boston, and I couldn’t resist going there as well. In Boston, I received my MBA at Suffolk University with a concentration in marketing. I’ve been in the insurance industry for over 20 years, working for various insurance carriers and managing general agencies.

Irrigation Leader: Please tell us about Allied Public Risk.

George Pappas: Allied Public Risk is a specialized underwriting manager consisting of experts with an exclusive concentration on the public sector and its complex insurance needs. We’ve partnered with financially stable national carriers and developed customized insurance programs for municipalities, emergency service organizations, and water-related entities, including irrigation entities.

Irrigation Leader: Please tell our readers about the WaterPlus insurance program.

George Pappas: WaterPlus is a program that we developed and launched in 2012, although we’ve had other programs in the water space going back to the 1990s. WaterPlus is a program specifically designed for water-related entities.

It focuses on water districts, water authorities, sanitation and wastewater facilities, irrigation entities, and specialpurpose districts. The program provides both property and liability insurance (including worker’s compensation in California only) for about 3,000 water-related entities around the nation. About one-fifth of that portfolio consists of irrigation districts, both small and large.

40 | IRRIGATION LEADER | January 2021

Irrigation Leader: What is the history behind the creation of WaterPlus?

George Pappas: We discovered that a lot of generalist insurance companies didn’t really have proprietary forms for water entities. As a result, their policies were not responsive to the issues of those businesses, and there were a lot of exclusions, resulting in numerous denied claims. There was a real need for and interest in a program specifically designed for the exposures water entities face today. We developed the program largely out West. We’ve been marching east for about 20 years, but a large portion of our portfolio is still in the West, where water is still king.

Irrigation Leader: What are the advantages for irrigation districts of being part of this group?

George Pappas: WaterPlus is a guaranteed-cost program, meaning that the insured pays a fixed premium for an annual policy term. It’s not a pooled program in which you may share your losses with other members, you can be assessed for a premium increase due to losses at any time, and the other members of your program are not waterrelated entities. The problem with heterogenous pools is that you get a lot of distinctive municipal exposures, such as those related to law enforcement, and can be assessed for the bad behavior of other members of the pool. Sometimes there is also a lack of oversight from the various departments of insurance when it comes to pools. This is an issue when solvency is a concern. Problems can also arise when a pool lacks funds to pay for claims.

WaterPlus’s limits are not shared, the insureds are homogeneous, and the program is admitted by various departments of insurance with proper oversight.

WaterPlus is underwritten by Allied World, which has an A (excellent) rating from A.M. Best. The good news about our program is that there are separate limits for each individual policy for each insured. You’re not going to be sharing limits or losses with other group members.

If an insured has losses, the premium may increase accordingly for that specific insured, but it will not affect the other insureds in our book of business. Nor do we bump up your premium or rate in the middle of a policy due to claim activity.

Irrigation Leader: Is a guaranteed cost program more predictable than a pooled program?

George Pappas: I would say so. Pooled programs simply do not have the national diversification to absorb irrigationleadermagazine.com

losses from localized claims. In other words, insurance carriers making a profit in the Northeast may be able to offset claim losses in the South or West. Right now, I see regional state pools pushing some significant rate increases. The problem is compounded when pools require a notification to exit the pool. It’s a contractual relationship, and you have to follow the withdrawal provisions within the contract. I’ve seen pools that require you to give a notification of your intention to exit ranging from 90 days to a year before the effective date.

Irrigation Leader: Are the terms generally a year long, or are they longer?

George Pappas: About 99.9 percent of our risks are on a traditional annual policy. There are some exceptions. For example, if a client wants to align its policy with the fiscal year of its budget, we can offer a short-term policy to line up the schedule and then place it on an annual policy.

Irrigation Leader: Does WaterPlus offer a checklist of measures that irrigation districts can take to achieve a lower rate?

George Pappas: Yes. The coverage checklist is pretty simple, because our WaterPlus program includes a lot of automatic, built-in coverages from day one. The insureds do not have to worry about exposures that are not contemplated within our program. We also help our clients limit their exposure and implement mitigation efforts to help reduce losses, which will correlate to reduced insurance costs. We always reward our insureds for following best operational practices. For irrigation districts, that could be as simple as lining their canals with concrete or having a budget mark to put concrete lining in vulnerable areas of a canal, install alarm systems for potential overflow issues, pursue rodent control or vegetation control measures, or do regular canal inspections.

Irrigation Leader: Do you provide recommendations about policies or about training that the board of directors of an irrigation district should receive?

George Pappas: We can make recommendations about policies—for instance, making sure that termination or anti‑sexual-harassment policies are implemented.

Usually, the insured’s general counsel would develop the policies. We would also recommend putting into place a fleet safety program for an entity’s vehicles. Such a program would address maintenance and upkeep but would also include motor vehicle reports for new hires or current employees.

Irrigation Leader: Do you have a recommended personnel training program? irrigationleadermagazine.com

George Pappas: We do. When we evaluate a potential client, we always look at its employment policies and procedures. We make sure that these irrigation districts or canal companies are doing what they need to do to make sure that employees are aware of all written manuals, that employment programs are implemented, and that termination protocols are clearly followed. We make sure that best practices, especially when it comes to employment practices issues, are implemented for every risk.

Irrigation Leader: So the insurance company looks to see if managers have employment contracts, for instance?

George Pappas: Of course. We also look at contractors’ contracts. If an irrigation entity hires a contractor, it should make sure that the contractor is properly insured and that the irrigation entity is listed as an additional insured on the policy. We also make sure contracts with contractors protect our clients through a hold-harmless clause or other indemnification language. That provides ironclad protection for the irrigation entity if a contractor is responsible for a mistake or negligent act.

Irrigation Leader: What is your message to irrigation districts that are not currently using WaterPlus?

George Pappas: I think the insurance industry as a whole will change in 2021 based on the massive fires out West and the plethora of hurricanes in the South that occurred in 2020. We’re going into a somewhat volatile cycle in which the days of finding the bottom price will start to fade. We’re seeing constriction in the marketplace, with increased property rates, lower excess capacity, and increased reinsurance costs for insurers. The fact that insurance companies are not currently making profits on the investment side, combined with the current low interest rates and the COVID‑19 pandemic, means that there is now more emphasis on making an underwriting profit. The focus on underwriting profit means that irrigation risks may see significant price increases in the marketplace.

Overall, everyone is going to be pushing higher premiums in 2021. Irrigation entities need to start budgeting for higher insurance costs. I also encourage them to contact their insurance brokers to determine the size of the increase.

It’s going to be a surprise for a lot of water-related entities, including irrigation entities, which for the past 15–20 years have been used to a soft market in which they could essentially push for the price they wanted. IL George Pappas is a senior vice president for distribution at Allied Public Risk.

He can be contacted at gpappas@alliedpublicrisk.com.

January 2021 | IRRIGATION LEADER

| 41

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Upcoming Events January TBD Irrigation Leader, Operations and Management Training Workshop and Tour CANCELED: January 6–7 Idaho Irrigation Equipment Show and Conference, Idaho Falls, ID January 7, 8 & 15 National Water Resources Association, Leadership Forum (virtual) January 12 Groundwater Management Districts Association, Winter Conference (virtual) CANCELED: January 13–15 Four States Irrigation Council, Annual Meeting, Fort Collins, CO January 18–21 Idaho Water Users Association Annual Convention, Boise, ID January 18–29 Nevada Water Resources Association, Annual Conference (virtual) January 21–22 Texas Water Conservation Association and Texas Rural Water Association, Water Laws Seminar (virtual) January 26–27 Nebraska Natural Resources Districts, Legislative Conference, Lincoln, NE January 27 Nebraska Water Resources Association, Legislative Forum, Lincoln, NE January 29–31 Colorado Water Congress, Annual Convention, Aurora, CO February TBD Family Farm Alliance, Annual Conference, TBD February TBD Montana Water Resources Association, Annual Conference, TBD March TBD Ditch and Reservoir Company Alliance, DARA Conference, TBD March 13–17 Nebraska Natural Resources Districts, Washington, DC, Meeting March 15–17 Utah Water Users Association, Annual Workshop, St. George, UT

Past issues of Irrigation Leader are archived at irrigationleadermagazine.com @IrrigationLeader

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