July 10, 1998

To:  Bay-Delta Service List

RESPONSES TO PROCEDURAL QUESTIONS RAISED ON JULY 2, 1998 DURING PHASE1 OF THE BAY-DELTA HEARINGS

On July 2, 1998, several parties raised questions about procedures to be used during the Bay-Delta Water Rights Hearing.  To ensure that all of the parties have the same information, I am providing the following responses to the questions.  Although a number of you heard most of these responses firsthand, you should also read this letter.  This letter does not cover the issues raised in the motion filed by Tim O’Laughlin on behalf of the San Joaquin River Group Authority.  Those issues will be the subject of a ruling after the State Water Resources Control Board (SWRCB) hears the motion, which will occur not earlier than July 14 or 15, 1998. 

1.     The evidence received during all phases of the Bay-Delta Water Rights Hearing will be included in a single hearing record.  Accordingly, exhibits and testimony presented and accepted in evidence in one phase are already in the record during a subsequent phase, and need not be presented again even if they are relevant in the subsequent phase.  Instead, the party relying on, or using, the previously accepted evidence should include citations to the previously accepted evidence when submitting written testimony for the subsequent phase.  A party may, however, cite previously accepted evidence in a brief or oral argument for a subsequent phase even if that party did not cite the evidence in the written testimony or other material presubmitted for the phase.

2.     Generally, witnesses will be excused after their cross-examination is completed during any phase in which they testify.  A party may call the same witness again for rebuttal in that phase or during a subsequent phase.  Also, a party may subpoena any witness, including a witness who has previously appeared for another party and has been excused. Witnesses who are employees of the federal government or its member agencies, however, will not be excused until the end of the hearing unless the management of the federal government agency commits to make its employees available to give testimony with respect to matters presented by other parties either voluntarily or pursuant to a subpoena issued by the SWRCB. 

3.     A party seeking to file a Notice of Intent to Appear after the deadline (May 7, 1998) must write an accompanying letter to Chairman Caffrey, asking that the notice be filed and stating the reasons why the notice was not timely filed.  A copy of the proposed Notice of Intent to Appear and the accompanying letter must be sent to each party on the service list.  Chairman Caffrey will respond to the requests at the beginning of the phase in which the party desires to appear after providing an opportunity for other parties to object to the appearance of the new party.

4.     To ensure that all parties and the SWRCB and its staff can prepare adequately for each phase of the hearing, the parties are asked to specify, on their Exhibit Identification Indexes, the phase of the hearing in which each exhibit will first be presented or used.

5.     Enclosed with this letter is a revised copy of the service list.  (The service list can also be downloaded from the Bay/Delta Unit’s website at http://waterrights.ca.gov/baydelta.)  The list has been revised to correct errors and to reflect changes in representation that were announced by party representatives during the appearances at the commencement of the hearing.  In addition, David E. Holland representing private landholders in the Westlands Water District has been added to the list.  Mr. Holland filed a Notice of Intent to Appear at the hearings after the due date, May 6, 1998.  Mr. Holland wishes to appear in Phase7 of the hearings regarding the Bureau of Reclamation’s place of use.  Mr. Holland indicated that he has served a copy of his Notice of Intent to Appear and transmittal letter on the parties.  Chairman Caffrey will decide whether to allow Mr. Holland to appear at the beginning of Phase 7.   Parties should serve Mr. Holland with copies of their exhibits. 

6.     The location of the hearing has been moved to the Resources Building Auditorium at 1416 Ninth Street, Sacramento for Wednesday July 15 and Thursday July 16, 1998.  The hearing will be held in the State Water Resources Control Board’s hearing room at 901 P. Street, Sacramento on Tuesday, July 14 and on all other days unless you are notified otherwise.

If you have questions about this letter, please contact Barbara J. Leidigh, Senior Staff Counsel, at (916) 657-2102. 

Sincerely,

/s/

Walt Pettit

Executive Director