State Water Resources Control Board

Division of Water Rights

901 P Street  ^. Sacramento, California 95814 ^. (916) 657-1359

Winston H. Hickox

Mailing Address: P.O. Box 2000 ^.  Sacramento, California ^.   95812-2000

Secretary for Environmental Protection

FAX (916) 657-1485 ^. Web Site Addresses: http://www.swrcb.ca.gov ,   http://www.waterrights.ca.gov

To Parties, Bay-Delta Water Rights Hearing:

Bay-Delta Water Rights Hearing: Ruling Admitting Documents in Evidence

This letter advises the parties of my ruling on the motion of State Water Resources Control Board (SWRCB) staff to admit in evidence SWRCB Exhibits 1e (final EIR for Implementation of the Bay-Delta Water Quality Control Plan), and 2a (final EIR for the Consolidated and Conformed Place of Use). Exhibits 200, 201, 202, 203, 204, and 205 were accepted in evidence on December 13, 1999.

At the hearing session on December 13, 1999, the SWRCB heard testimony and cross-examination regarding the offer of the final Bay-Delta EIR in evidence. Several parties opposed acceptance of the final Bay-Delta EIR in evidence, and provided oral arguments during the hearing session. I called for briefs to be filed on the issue of whether the final Bay-Delta EIR should be accepted in evidence. The briefs were due on December 20, 1999, at 9:00 a.m. The SWRCB received five briefs, plus a request for official notice of SWRCB Decision 1631 and the final EIR for the review of the Mono Basin water rights of the city of Los Angeles. Two briefs were filed in support of accepting the final EIR in evidence. One brief discussed the issues and did not oppose accepting the final EIR in evidence. Two briefs were filed opposing acceptance of the final EIR. Board members and I have read and considered all of the briefs and the request for official notice.

Government Code section 11513 governs admission of evidence in SWRCB water right hearings. Government Code section 11513, subdivision (c), provides in pertinent part that:

The final Bay-Delta EIR is relevant evidence of the sort on which responsible persons are accustomed to rely. EIRs routinely are relied upon in making decisions that affect the environment. Further, as an official document that has been published, the final EIR is a document that also can be officially noticed. As hearing officer, my ruling is that SWRCB Exhibit 1e is accepted in evidence at this time.

Some parties raised concerns about how the final EIR may be used. These concerns will be considered in weighing the evidence. The final EIR will apply to all SWRCB actions resulting from the Bay-Delta Water Rights Hearing to implement the 1995 Bay-Delta Plan. If the SWRCB considers taking actions in connection with a future phase of the Bay-Delta Water Rights Hearing that it finds are not adequately analyzed in the final EIR, the SWRCB will prepare supplemental environmental documentation before taking such actions.

The request for official notice received on December 20, 1999, is denied. There is no showing that the material sought to be officially noticed is relevant to the issues in the Bay-Delta Water Rights Hearing.

At the request of two parties who wished to see enlarged maps of the place of use proposed to be approved, a further session is scheduled on December 21, 1999, to allow cross-examination of Mr. Hunn and presentation of any rebuttal regarding the final EIR for the Consolidated and Conformed Place of Use. SWRCB Exhibit 2a will be considered for admission in evidence at the conclusion of the hearing on December 21, 1999.

Sincerely,

James M. Stubchaer

Chairman and Hearing Officer

cc: Bay-Delta Service List

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