State Water Resources Control Board

Division of Water Rights

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

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

FAX (916) 657-1485 • Internet Address: http://www.swrcb.ca.gov

Gray Davis  Governor

Winston H. Hickox

Secretary for Environmental Protection

 NOTICE OF PUBLIC WORKSHOP

On The Process for Issuing

Phased Orders

During the

 Bay-Delta Water Rights Hearing

On January 28, 1999 at 1:00 p.m.

Hearing Room

Paul R. Bonderson Building

901 "P" Street, Sacramento

SUBJECT OF WORKSHOP

Whether, how, and under what circumstances, the State Water Resources Control Board (SWRCB) should adopt an interim decision or decisions before the conclusion of the Bay-Delta Water Rights Hearing.

 BACKGROUND

On May 22, 1995, the SWRCB adopted the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (1995 Bay-Delta Plan). On December 2, 1997, the SWRCB issued a Notice of Public Hearing to consider alternatives for implementing the objectives in the 1995 Bay-Delta Plan. The primary purpose of the Bay-Delta water right hearing is to receive evidence regarding: (1) whether, and under what conditions, to extend interim changes in the water rights of the Department of Water Resources (DWR) and the United States Bureau of Reclamation (USBR) under Order WR 95-6 past December 31, 1998; (2) assignment of responsibility among water right holders to implement the flow-dependent objectives in the 1995 Bay-Delta Plan; (3). a petition filed by the DWR and the USBR for authorization of joint points of diversion in the southern Delta; and (4) a petition filed by the USBR for change and consolidation of the Central Valley Project (CVP) place of use and the addition of new CVP purposes ofse.

Following a workshop held in April, 1998, in which the SWRCB received comments on structure of the Bay-Delta water right hearing, a Revised Notice of Public Hearing was issued on May 6, 1998. The May 6 notice specified a phased hearing process. The phases are listed in the May 6 notice.

The hearing was phased, in part, to respond to requests from some parties who were in the process of negotiating agreements regarding obligations to meet 1995 Bay-Delta Plan objectives. Some of the negotiating parties also asked that the SWRCB issue decisions on phases 2 through 7 prior to commencing phase 8 of the hearing. Some of the parties requesting interim decisions have requested that the SWRCB hold a workshop to provide an opportunity to discuss the process by which the SWRCB could issue an interim order prior to close of the hearing.

ISSUES

1.  Should the SWRCB adopt a decision or decisions before the conclusion of the Bay-Delta Water Rights Hearing to resolve substantive issues heard in an earlier phase of the hearing?

2. Can the SWRCB legally adopt a decision on some phases of the hearing before all phases of the hearing have been completed? What legal requirements must be satisfied before the SWRCB adopts a decision?

3.  If the SWRCB adopts a decision before the conclusion of the hearing, must the decision be subjected to judicial review immediately, in accordance with Water Code section 1126?

 WORKSHOP PROCEDURES

The workshop will be informal, but a court reporter will be present to provide an accurate record of the proceedings. There will be no sworn testimony or cross-examination of participants, but the SWRCB and its staff may ask clarifying questions.  The SWRCB may allow the parties to submit written briefs after the workshop. No written briefs will be required at or before the workshop. However, participants are encouraged to provide their comments and recommendations in writing and then orally summarize them. Twenty copies of any written comments should be provided to the SWRCB on the day of the workshop. Additional copies should be provided for participants of the workshop. Time limits may be imposed on oral presentations. Participants with similar interests are requested to make joint presentations.

Questions concerning this notice may be directed to Nick Wilcox, Chief, Bay/Delta Unit, at (916) 657-0446 or Barbara J. Leidigh, Senior Staff Counsel, at (916) 657-2102.

PARKING AND ACCESSIBILITY

The map below shows the locations of the workshop and available parking. These sites are accessible to persons with disabilities.

        Signed on January 14, 1999        

Maureen Marché

Administrative Assistant to the Board