Modesto Irrigation District halts probe into director’s alleged misuse of canal water

Billie S. Mcconkey, Chief Legal Officer, Chief People Officer & Corporate Secretary
Billie S. Mcconkey, Chief Legal Officer, Chief People Officer & Corporate Secretary - The Modesto Bee
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The Modesto Irrigation District (MID) Board of Directors meeting on Tuesday was marked by heated exchanges and allegations of corruption and theft, culminating in a tie vote that halts, for now, an investigation into Director Larry Byrd.

Board President Robert Frobose and Director Chris Ott supported continuing the inquiry, while Byrd and Director Janice Keating opposed it. The ability of Byrd to vote on whether to proceed with an investigation into his own conduct has raised questions among observers.

The meeting lasted over three hours and included frequent interruptions between Byrd and Frobose as they debated details from a scientific review of Byrd’s water use. Tensions escalated at times, leading to an armed bailiff being called to restore order among attendees.

Byrd repeatedly urged the board to end the investigation, describing it as “a witch hunt,” “a lie,” and “fake news.” He said that existing reports had already addressed all necessary issues: “This opens a can of worms that we probably don’t want to open,” Byrd said. “We’ve already got the investigation done, why fester it and make it worse?”

Byrd was investigated after allegations surfaced in September that he used tens to hundreds of millions of gallons of MID canal water to irrigate almond orchards outside district boundaries. The probe, conducted by engineering firm 4Creeks, found that Byrd’s claim—that well water was used for irrigation outside MID limits—was not scientifically possible based on available data. However, investigators could not confirm if MID surface water had been diverted for this purpose.

“If the scientific facts can’t provide a complete picture … you have to further the investigation,” Frobose said.

MID policy restricts use of its surface water within district boundaries only. Growers with land outside or straddling those lines may participate in MID’s Groundwater Replenishment Program (GRP), but only if they meet eligibility requirements. According to district records, Byrd’s AB La Grange Ranch would likely qualify for GRP participation if he had not voted on related items since 2017—a conflict identified by the Fair Political Practices Commission in 2021.

AB La Grange covers at least 436 acres east of Roberts Ferry; about 340 acres are inside MID boundaries while 96 acres are outside, according to the report from 4Creeks. The ranch is co-owned by Larry and Tim Byrd along with Tyler Angle.

During discussions, both Keating and Byrd suggested that using MID water beyond official boundaries might be widespread practice. “Why go there more? You can have a lot of parcels that are doing what you claim they do,” Byrd told Frobose during debate.

Keating expressed concern about continuing the inquiry: “How many of you are farmers out there in the audience? Please raise your hands. If this isn’t a very scary conversation for all of you, then I would start taking a look around.”

The controversy is part of longstanding disputes over water rights between different regions within Stanislaus County—a topic drawing interest from prominent growers and legal representatives who attended Tuesday’s session.

Supporters backing further scrutiny included Bill Lyons—former agriculture liaison to Governor Gavin Newsom—and Todd Sill, whom Byrd described as having initiated complaints after leaving employment at AB La Grange earlier this year. Lyons stated: “This issue is not going to go away until it’s dealt with in an open, transparent manner and the investigation is complete.”

Byrd received public support from his brother Tim Byrd as well as former U.S. Representative John Duarte: “Put this witch hunt to rest… I hope (Byrd) stays on the board for a long time. I fully support him, he’s a friend of mine,” Duarte said.

Amid accusations exchanged between board members regarding past disagreements—including contract renewals and pricing debates—Byrd delivered remarks expressing disappointment toward colleagues he felt had turned against him: “I’m the one who nominated (Frobose) to the board… I never knew or thought that he would turn on me, but he did.”

Sill claimed possession of handwritten logs showing evidence against Byrd but noted these were not included in official investigative data.

There was disagreement among directors regarding next steps; legal counsel Frank Splendorio advised pausing any further action until clear direction could be established by majority vote: “We need direction from the board… Because this is… an extremely political and difficult task.”

A motion advanced by Frobose seeking expanded legal review failed due to lack of support after continued debate among members about potential costs versus benefits.

Director John Boer IV recused himself due to business connections with parties involved; financial disclosures indicate payments received through T&S Byrd LLC—owned by Tim Byrd—and campaign contributions from both Larry Byrd ($1,000) and Tyler Angle ($2,500).

When asked why Larry Byrd did not recuse himself from voting on matters concerning his own investigation, MID spokesperson Melissa Williams explained via email: it was “because he has the right to defend himself on matters of self-governance and potential censure.”



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