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The purpose of this session of Phase 8 of the Bay-Delta Water Rights Hearing is to receive evidence and legal argument regarding the Bear River Agreement1 and regarding a petition for changes in water rights filed in connection with the agreement.
On December 29, 1999, the State Water Resources Control Board (SWRCB) issued Decision 1641 on the subjects considered in Phases 1 through 7 of this hearing. The remaining purpose of this proceeding is to receive evidence and legal argument on the assignment of the remaining responsibilities of the noticed water right holders for meeting the flow-dependent objectives2 in the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary, adopted on May 22, 1995 (1995 Bay-Delta Plan). The SWRCB determined the responsibilities of numerous parties in Decision 1641, and those parties’ responsibilities are not included in Phase 8. Decision 1641 establishes the responsibilities of water right holders in the watershed of the San Joaquin River upstream of Vernalis through the year 2011 unless the San Joaquin River Agreement is terminated earlier. Decision 1641 also establishes the responsibilities of water right holders in the watersheds of the Mokelumne River, Putah Creek, and Cache Creek, and in the North Delta Water Agency with respect to this proceeding.
The SWRCB will convene Phase 8 of the Bay-Delta Water Rights Hearing for the purpose of receiving evidence on the responsibilities of the remaining water right holders listed in Enclosure A attached to
this supplement. These parties are located within the watersheds of the Sacramento, Cosumnes, and Calaveras river watersheds.
In the Bay-Delta Water Rights Hearing process, the SWRCB has repeatedly encouraged parties to reach agreements and to make joint proposals to the SWRCB to set the responsibilities of the parties to help
meet the flow objectives in the 1995 Bay-Delta Plan. The SWRCB has received a joint proposal based on an agreement among the
Department of Water Resources, South Sutter Water District (SSWD), and Camp Far West Irrigation District (CFWID) to settle the responsibilities of SSWD, CFWID, and all other Bear River water rights to
implement the objectives in the 1995 Bay-Delta Plan.
This agreement is referred to herein as the Bear River Agreement. This settlement is proposed in lieu of presenting a case to the SWRCB regarding the responsibilities of these parties in Phase 8. The SWRCB will receive evidence regarding the agreement on the dates listed above, prior to conducting the balance of Phase 8.
The parties to the agreement may, if they so advise the SWRCB, withhold any alternative adversarial evidence and legal arguments against each other that they would present in the absence of the agreement.
Other parties will be required to present any evidence and legal argument adverse to the agreement during the hearing session on the date specified above. If the SWRCB determines after the above hearing session that its action will not be substantially consistent with the agreement, the SWRCB will give the agreeing parties, if they withheld adversarial evidence, an opportunity to present such evidence before the SWRCB makes a decision as to their responsibilities.
In connection with the Bear River Agreement, the SWRCB received, on February 23, 2000, a petition for change in place of use, point of diversion, and purpose of use of certain water rights of
SSWD3, filed under Water Code section 1700, et seq. Under the change petition, SSWD would add to its water rights (1) the Harvey O. Banks Pumping Plant,
at the SWP point of diversion at Clifton Court Forebay, located within the NW ¼ of the SE ¼ of Projected Section 20, T1S, R4E, MDB&M, as a point of diversion, (2) the SWP place of use as shown on
maps on file with the SWRCB, and (3) purposes of use for Municipal, Industrial, and Environmental uses.
This notice serves as notice of the change petition as well as notice of a hearing on both the change petition and the proposal to establish the responsibilities of the parties as set forth
in the Bear River Agreement.
This notice waives any requirement that persons or entities objecting to the petition for change file a protest in order to participate as a party in this session of the hearing, regarding the petition for change. This notice requires, however, that any person or entity seeking to protest the petition or otherwise address the question of whether the petitions should be approved must participate in this session of Phase 8 of the Bay-Delta Water Rights Hearing.
In the Bay-Delta Water Rights Hearing, the SWRCB has received evidence in phases, with each phase focusing on a particular subject or subjects. In the above-noticed session of Phase 8, participation
may involve, as the participant deems appropriate, the presentation of a policy statement by a non-party or the making of legal arguments and presentation of evidence by a party.
New parties will be allowed to participate as described below under “PROCEDURAL MATTERS.”
The parties petitioning for the water right changes described above have prepared an initial study and Proposed Negative Declaration that addresses the environmental effects of the petitioned water right
changes.
SSWD is the lead agency. The Initial Study and Proposed Negative Declaration can be obtained from Brad Arnold at SSWD, telephone number (530) 656-2242. The Proposed Negative Declaration was circulated to the reviewing agencies on February 10, 2000, and comments are due March 10, 2000. The Clearing House number is 2000022032.
Additionally, in the Bay-Delta Water Rights Hearing, the SWRCB has accepted in evidence and has certified a final Environmental Impact Report for Implementation of the 1995 Bay-Delta Water
Quality Control Plan (EIR).
The EIR analyzes the environmental effects of implementing the 1995 Bay-Delta Plan, including alternatives for assigning responsibility to the parties whose rights are the subject of this session of Phase 8. The SWRCB used this EIR when it adopted Decision 1641. If the SWRCB takes an action on the Bear River Agreement using this EIR, it will file a new Notice of Determination under the California Environmental Quality Act for the new action. In response to changed conditions or new information, the SWRCB may amend or supplement the EIR. Any changes to the EIR will be offered as hearing exhibits.
HEARING ISSUES
The following hearing issues are applicable to the agreement described above and to the water right change petition described above.
- Should the SWRCB determine that the terms of the agreement among the Department of Water Resources, South Sutter Water District, and Camp Far West Irrigation District satisfy the responsibilities
of SSWD, CFWID and all other Bear River watershed water rights to meet the objectives in the 1995 Bay-Delta Plan? If so, should the SWRCB add water right terms and conditions to the water
rights of the parties to the agreement or take other actions to implement the regulatory provisions of this agreement?
A copy of the agreement may be obtained by contacting Cathy Crothers at (916) 653-5613.
- Would the petitioned changes operate to the injury of any legal user of the water involved? (Wat. Code § 1702.)
- If the SWRCB approves the petitioned changes, what terms and conditions will best develop, conserve and utilize, in the public interest, the water proposed to be used as part of the change?
(Wat. Code § 1243, 1243.5, 1253, and 1258.)
PROCEDURAL MATTERS
This notice supplements the Revised Notice of Public Hearing issued on May 6, 1998, and that notice is applicable to this
hearing session except to the extent modified herein.
A copy of the Revised Notice of Public Hearing can be obtained from Nick Wilcox, whose telephone number is listed below, or from the Bay-Delta internet site, at http://www.waterrights.ca.gov/baydelta/notices/. The Revised Notice of Public Hearing includes Enclosure 1, which explains
the procedural requirements that apply in the Bay-Delta Water Rights Hearing. As modified below, Enclosure 1 applies to this hearing session.
1.
Twenty copies of all exhibits (including written testimony) for this hearing session must be received by the SWRCB on or before Monday, March 27, 2000 at 5:00 p.m., together with twenty copies of any new or revised Exhibit Identification Index. Additionally, one copy of each exhibit and new or revised index must be served on each party on the service list.
2. New parties, appearing for the first time in this hearing session, who have not previously filed a Notice of Intent to Appear in the Bay-Delta Water Rights Hearing, may file a Notice of Intent to Appear and twenty copies thereof no later than 5:00 p.m. on Monday, March 6, 2000. Parties who previously submitted a Notice of Intent to Appear may file an original and twenty copies of amended notices, if necessary, by this deadline. The SWRCB will promptly notify all parties of any new parties who are added to the service list as a result of filing a new Notice of Intent to Appear. This information also will be posted on the Bay-Delta internet site (www.waterrights.ca.gov/baydelta/)
3. Parties intending to rely, during their cases in chief, on exhibits previously submitted to the SWRCB for the Bay-Delta Water Rights Hearing should not resubmit them to the
SWRCB, but shall specifically identify such exhibits in updated exhibit lists.
Parties relying on previously submitted exhibits must, however, provide copies by Monday, March 13, 2000, of such previously submitted exhibits to any new parties added to the service list.
4. New or revised Exhibit Identification Indexes should be supplied to the SWRCB electronically on a disk or as an attachment to electronic mail sent to wrbaydelta@waterrights.swrcb.ca.gov, in addition to paper copies. The electronic copy of the Exhibit Identification List must be in a
version supported by Microsoft Word 97.
5. Questions concerning this notice may be directed to Nick Wilcox, Chief, Bay-Delta Unit, at (916) 657-0446 (FAX (916) 657-1485), or to Barbara J. Leidigh, Senior Staff Counsel, at (916)
657-2102.
PARKING AND ACCESSIBILITY
The enclosed map shows the location of the Paul R. Bonderson Building in Sacramento. Public parking is available in the State Garage on 10th Street between O and P Streets and in the public parking garages on L Street between 10th and 11th Streets and on P Street between 11th and 12th Streets. The First Floor Hearing Room is accessible to persons with disabilities.
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