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Supervisors defer decision on Flying M Ranch/Burns Dam legal review, ask for fuller briefing
Summary
The board withdrew CA7 — a proposal to retain outside water-law counsel to analyze a Flying M Ranch proposal to modify Burns Dam — and asked staff to return with Water Agency Advisory Board minutes and an MOU at the March 18 Water Agency session so supervisors can make an informed decision.
A request to retain outside counsel to analyze a proposed revision to Burns Dam on Burns Creek and its potential effect on Mariposa County’s settlement with the Merced Irrigation District (MID) was postponed at the March 11 Mariposa County Board of Supervisors meeting.
County Council told the board the Water Agency Advisory Board had considered a project proposal from the Flying M Ranch and recommended that the county obtain an expert in water law and complex negotiations to determine if the project would affect the county's MID settlement or could proceed as a standalone project. County Council described hiring Tim O’Loughlin, a water law expert, as the proposed step to provide the board the necessary analysis.
Several supervisors — including Supervisor Manitra — and Public Works Director Shannon Hansen said they did not have sufficient background or documentation to approve the contract today and asked for clearer coordination between advisory boards and county staff. Supervisor Toso and Supervisor Poe supported obtaining an external water-law expert but agreed that the board should receive a fuller briefing first. The board reached consensus to withdraw CA7 for better coordination and return it to the board when it sits as the Water Agency, with staff directed to compile Water Agency Advisory Board minutes and prepare the MOU for presentation on March 18.
Why it matters: County Council described the issue as potentially affecting an existing settlement with MID. Hiring counsel would allow legal analysis of whether any changes to Burns Dam or a Flying M Ranch proposal could legally require an amendment to that settlement or be processed independently. The board’s decision to defer reflects requests for transparency and fuller documentation before authorizing outside legal work.
What’s next: County Counsel and staff will prepare a coordinated package — including advisory-board minutes and a draft MOU — for the Water Agency session scheduled March 18, when the board will consider whether to retain outside counsel.
