Cal/EPA

State Water
Resources
Control Board
 

Ms. Cynthia L. Koehler, et al.
Save San Francisco Bay Association
1736 Franklin Street, Fourth Floor
Oakland, CA 94612
Dear Ms. Koehler:

BAY-DELTA WATER RIGHTS HEARING: RULING ON REQUEST FOR RESCHEDULING OF PHASES

This is in response to your letter dated May 19, 1998. You requested that the State Water Resources Control Board (SWRCB) reschedule the phases addressing the negotiated agreements until it has completed a draft of the revised EIR, and provide a minimum of six weeks after the release of the revised draft EIR for the parties to prepare evidence regarding the agreements. The basis for your requests is that you need more time to prepare your exhibits because the draft EIR is being revised and the revision is not yet available. You also requested that the SWRCB continue to proceed with Phase 1 of the hearing on July 1, 1998. The SWRCB has no plans to change the commencement of Phase 1 on July 1, 1998.

The revised chapters of the draft EIR, which address the San Joaquin River Agreement and the associated Vernalis Adaptive Management Plan, were filed with the State Clearinghouse on May 26, 1998, and mailed to the parties on May 27, 1998. This is the only agreement for which the SWRCB will prepare revisions to the draft EIR. The other agreements being proposed by the parties will have separate environmental documentation, prepared by the proponents. The San Joaquin River Agreement will be considered during Phase 2 of the hearing. Currently, all of the exhibits for parties’ cases in chief in Phase 2 are due June 1, 1998. We intend to give the parties about a month to review each other’s case in chief exhibits before the exhibits are presented in the hearing. Phase 2 will commence after the SWRCB opens the hearing, takes appearances, and hears the evidence for Phase 1. Taking into account the minimum amount of time needed for Phase 1, we believe that Phase 2 is unlikely to start before July 14, 1998, and likely will start later. Accordingly, the SWRCB will consider case in chief exhibits for Phase 2 timely if they are received by the SWRCB no later than 5:00 p.m. on June 15, 1998. At this time the SWRCB will not, however, rearrange the phases of the hearing.

In your letter, you express concern that the SWRCB is not affording the public a reasonable opportunity to prepare for and participate in the Bay-Delta Water Rights Hearing. The organization and timing of the hearing does not deny you or any other member of the public a reasonable opportunity to prepare for and participate in the hearing, nor is it intended to do so. The changes noticed in the revised hearing notice dated May 6, 1998, give you more time than originally was provided to prepare for the hearing. You were notified of the hearing in December 1997, and were provided an opportunity at that time to review the environmental documentation. In the absence of the time extension that was issued on January 26, 1998, you would have been required to file all of your exhibits for the hearing by February 6, 1998.

Additionally, the changes in the revised chapters of the draft EIR are limited and do not merit an extension of more than the two additional weeks provided by this letter. The revised chapters (chapters V, VI, and XIII) are similar to the original chapters, except that they add an alternative that is consistent with the Vernalis Adaptive Management Plan. The revised chapters affect Phase 2 and could be responded to through rebuttal evidence at the end of Phase 2. Similarly, you will have an opportunity to present rebuttal to evidence submitted to the SWRCB by other parties in support of the other agreements.

If you have any questions, you may contact Barbara J. Leidigh, Senior Staff Counsel, in the Office of Chief Counsel at (916) 657-2102.

Sincerely,

Signed by John Caffrey on 5/27/98

John Caffrey

Chairman

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