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Board withdraws vote to hire water‑law expert while members seek more information on Flying M Ranch proposal
Summary
Mariposa County supervisors withdrew a consent‑agenda item to contract a water‑law attorney after several supervisors and staff said they lacked sufficient information about a proposal by Flying M Ranch that could affect the county's settlement with Merced Irrigation District.
Mariposa County supervisors on March 11 withdrew for a week a consent‑agenda item to hire an outside water‑law attorney to analyze a proposal by Flying M Ranch that may affect the county's settlement with the Merced Irrigation District.
The item, brought by County Counsel, proposed retaining Tim O'Loughlin, a water‑law specialist, to evaluate whether Flying M Ranch's plan to revise Burns Dam on Burns Creek would affect the county's MID settlement and, if so, what consequences and options exist.
County Counsel told the board, “On July of 2024, the Water Agency Advisory Board considered a project proposal by the Flying M Ranch to revise what is known as the Burns Dam on Burns Creek.” The counsel said the requested contract would provide written and oral advice on whether the proposal could be treated as a standalone project or would require reopening the MID settlement.
Supervisor Manitrae said she was not comfortable approving the contract without a fuller briefing. “I am having a hard time supporting this item, not knowing what what's going on, what the project is,” she said, asking for a presentation and copies of Water Agency Advisory Board minutes. Public Works Director Shannon Hansen, who said she had not been informed the item would be on the agenda, urged better coordination and a staff presentation before the county commits to outside counsel.
Assistant County Administrative Officer Lee Westerlund said the Water Agency Advisory Board has discussed the Flying M proposal and had asked staff to prepare an MOU for the board. Because supervisors raised concerns about coordination and informational gaps, County Counsel and staff asked the board to withdraw the item and reschedule it for the next meeting. The board agreed and directed staff to return the item on March 18, noting it will come back to the board when it sits as the Mariposa County Water Agency.
The withdrawal means the county will not yet sign a contract with O'Loughlin; instead staff will prepare additional materials for the board and public, including Water Agency Advisory Board minutes and the proposed MOU describing the Flying M proposal and any potential impacts on the MID settlement.
Next steps: staff will provide documentation and a formal presentation at the March 18 session; the item will be refiled to return to the Board sitting as the Water Agency.
