Mariposa water board advises supervisors to consider MOU on Flying M storage, warns county needs negotiation capacity

The Mariposa County Water Agency Advisory Board voted to send a minute order recommending that the Board of Supervisors consider entering into a memorandum of understanding (MOU) related to the Flying M storage proposal and associated settlement project.

Board members and public speakers emphasized the MOU is preliminary and that Mariposa County would need legal, technical and negotiation capacity if it participates. Board member John (last name as recorded in the meeting) said the county would be “obligate[d] … to participate in what are gonna be highly technical, highly difficult, time consuming negotiations” and that the county currently lacks the resources “to handle that level of negotiation.”

Why it matters: the MOU would open access to project information and early-stage talks about storing or moving water associated with the settlement. Several speakers framed the MOU as a step that could lead to detailed feasibility work and negotiations over existing contracts, including the county’s contract with MID (as referenced in the meeting). Board members said they want county officials to be advised that entering the MOU will likely require retaining outside experts.

Key details and concerns - The board clarified the MOU is preliminary: if the county enters the MOU, it would allow outside parties and the county to begin technical discussions about how water might be stored or transported related to the project. - Board members repeatedly said renegotiation of the existing MID contract could be necessary if the project proceeds, and that such renegotiation would likely require specialized legal counsel. - Multiple participants recommended the Board of Supervisors retain independent reviewers or a specialist to advise the county. Public commenter Art Baggett said he would provide the county with names of local water-policy consultants who could review proposals “without costing an arm and a leg.” - Board members requested that any recommendation to the supervisors include a statement that the county lacks sufficient in-house capacity and will need to secure outside resources to participate effectively. - Wes Myers, identified in the meeting as affiliated with the Flying M interest, said retaining outside consultants (the Hallmark Group was mentioned) could provide the “horsepower” to carry negotiations, while noting that environmental and archaeological impacts cannot be assessed until a route and method for moving water are defined.

Board action - The board approved a motion to include language in the meeting minutes advising the Board of Supervisors to enter the MOU and to note that the county will need additional resources to participate. The motion carried; members present voted in favor.

Context and next steps - Board member John indicated he and staff will draft a proposed resolution/minute order to transmit to the Board of Supervisors that (a) notes the MOU as a potentially viable project, and (b) warns the supervisors the county will require external legal/technical capacity to participate. Staff said they will prepare background materials for the supervisors. - Several board members and public commenters urged a site visit to the Flying M location; Wes Myers and others offered to coordinate tours and share information about where the project sites are located.

Quotes “Somebody doesn't understand that. The county would lose out altogether. So I just I wanna highlight … that there’s no capacity that I've seen in the county to handle that level of negotiation,” said John, a board member, urging caution and external advising.

“We've retained the Hallmark Group … they have the expertise, horsepower, political knowledge to do this,” said Wes Myers, identified in the meeting as affiliated with Flying M interests, recommending Hallmark or similar be the primary negotiation lead.

Ending The board’s recommendation sends the MOU discussion to the Board of Supervisors along with a request that the county secure outside counsel and technical reviewers before committing to detailed negotiations. Staff said they will draft the minute order and accompanying background materials for the supervisors to review.