Modesto district throws cold water on continuing investigation of director accused of theft during contentious meeting

By MARIJKE ROWLAND

• Marijke Rowland is the editor of The Modesto Focus, a project of the nonprofit Central Valley Journalism Collaborative. Contact her at marijke@cvlocaljournalism.org.

During a contentious more than three-hour meeting Tuesday, the Modesto Irrigation District Board of Directors voted against continuing the investigation into alleged inappropriate out-of-district water use by longtime Director Larry Byrd.

The board voted 2-2 Dec. 16 on to hire an attorney to continue to investigate the water theft claims. Directors Janice Keating and Byrd himself voted “no” while Board President Robert Frobose and Board Director Chris Ott voted “yes.” The motion failed due to the tie. Director John Boer recused himself because of potential conflict of interest.

No other action was taken, including potential penalties, fines or other discipline during the regular meeting.

The vote came after a summary of the findings of an independent investigation by Visalia-based engineering firm 4Creeks were presented to the board. The investigation was initiated after claims surfaced of unsanctioned use of MID water on Byrd’s almond orchards near La Grange outside of the district boundaries. 

The technically complex engineering report released last week suggests that almond trees on 96 acres owned by Byrd and his business partners required more water than could have been produced by wells from 2021 to 2024. Another water source would be needed, and those acres are next to a 340-acre orchard owned by Byrd that is within district boundaries and did legally receive MID water. But the report could not definitively prove that Byrd used the MID water for the out-of-district trees.

During the meeting, a dozen audience members spoke during public comment. About half were in support of Byrd, who was voted onto the board in 2011, including friends, employees and his brother who is also a business partner. In a lengthy defense of himself from the dais, Byrd became emotional at times and called the investigation a “witch hunt.” He previously blamed a political conspiracy against him when addressing the allegations. 

“This is definitely fake news, and it’s a lie,” Byrd said in his 11-minute statement. “And to go after me individually like this. It’s absurd, and it’s put my family, it’s put my wife in a really bad way…She’s not used to her husband being attacked. This has never happened. I don’t get attacked.”

In a testy exchange with Board President Frobose, who commissioned the investigation, Byrd told him, “When you move your mouth you know you’re lying.”

Throughout the discussion between board members, Byrd interjected at times with “This is wrong” and “This is ridiculous.” At one point, an audience member yelled out that Frobose was “Out of order.”

Frobose in turn accused Byrd of lying to members by claiming all of his land was in district boundaries, which it is not. In addition to his failed motion to hire an attorney to continue the investigation, Frobose had suggested the investigation should be sent to the grand jury.

“The report certainly identified without a doubt that Larry Byrd has land outside the district, and it certainly identified that the groundwater did not provide enough water for that land outside the district, and (Byrd) could have easily signed up for the GRP,” Frobose said. 

No alternative discipline was suggested for Byrd, though Frobose did bring up the $1,500 fines some small ranch owners had levied on them for misappropriation of MID water in the past. 

Before her “no” vote, Keating said furthering the investigation was “beating a dead horse” and likened it to a “wild goose chase.” Earlier this year Keating had her own controversy with the board, and was censured for mistreating staff. Last year she also lost a gender discrimination lawsuit against Frobose.

“This whole thing, it’s so detailed and confusing,” Keating said during the meeting, and addressed Frobose. “And it’s very difficult to boil down to something that would be logical and understandable and to point to something very specific that you want it to. That’s just my opinion, I am not an expert in water.” 

Board Director Ott, who voted to continue the investigation, said more specifics were needed to determine if there was any wrongdoing.

“(The report) doesn’t say specifically, he may or may not have,” Ott said. “So how do we sit up here and make a decision based on not knowing, without having more information… There is nothing more that I would want to do than to move on with this board…I don’t want it to be perceived, misconstrued as a cover up by moving on and not exploring and get data that we need to come to a solid conclusion on what happened.”

Before voting on Frobose’s motion to hire an independent attorney to continue the investigation, MID attorney Frank Splendorio called further investigation “an extremely political and difficult task” that it “may not provide the board the level of confidence it wants to make a decision any more than it does now.”