Madera County asks state to study taking over maintenance of project levees and channels

MADERA — The Madera County Board of Supervisors voted unanimously Tuesday to ask state officials to study transferring operation and maintenance responsibility for project levees and channels to a state maintenance district.

The board adopted a resolution authorizing staff to request that the Central Valley Flood Protection Board and the State Department of Water Resources (DWR) prepare the scope and cost estimate needed to consider forming a state maintenance district to operate project levees and channels. The motion passed on a 5-0 roll call vote.

County staff, led by Stephanie Agneson, director of Water and Natural Resources, told the board that current local funding is inadequate to maintain project levees and channels and to correct deficiencies required to maintain eligibility for federal assistance under Public Law 84-99. “We currently have inadequate funding available to properly maintain the project levees and channels and correct deficiencies to maintain our eligibility in PL 84-99,” Agneson said. She said the process begins with a board resolution; the state will then return a cost to prepare a scope of necessary work and a subsequent cost estimate to operate a state maintenance district.

Agneson and consultant Scott Brown of Larsen Wurzel described a potential division of labor: the county’s flood control agency would retain responsibility for non-project levees and channels, stormwater compliance and floodplain administration while the state district would handle project levees and channels. The board was told the state has tools to collect funds for maintenance that the county has been unable to secure locally, including assessments that local landowners could be required to pay if the state proceeds.

Several supervisors raised concerns about local control and the potential for new assessments on landowners. “It seems to me that while we're still paying for the services, the only direct benefit is that they assume the liability of the levies,” Supervisor Joel Rogers said, asking whether the state would still assess local property owners. Agneson said the state would develop cost estimates and could assess landowners, but the board would have opportunities to approve or stop the process at several steps.

Supervisor Robert Poitras, who supported the resolution, said repeated unsuccessful efforts to raise local funding left the county vulnerable and harmed public perception during prior floods. “To continue this way is not a path to get things fixed,” Poitras said. Supervisor Rob McCauley also urged moving ahead, citing the county’s limited budget and the difficulty of funding maintenance across many miles of channels.

The board’s resolution directs staff to ask the Central Valley Flood Protection Board and DWR to prepare a scope of work and cost estimate. Staff said the board can stop the process after the state returns those cost estimates.

What happens next: If the state provides a cost to prepare the scope of necessary work and the board agrees to proceed, DWR would prepare the scope and a cost estimate for formation of a maintenance district; the Central Valley Flood Protection Board could then move forward with formation proceedings if warranted. The board’s action Tuesday only initiates the study; the county retains opportunities to stop the process at future milestones.