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The
Hearing Process
Program
Links
What
is a Water Right Hearing? A
water right hearing is a quasi-judicial proceeding
that has, as an objective, the development of an adequate
record upon which the SWRCB can rely to make good
decisions. In general, water right hearings are conducted
in a manner deemed suitable to the particular case.
The SWRCB, assisted by personnel from the Division
of Water Rights and Office of Chief Counsel, holds
hearings to secure relevant information promptly and
without unnecessary delay and expense to participating
parties or the SWRCB. Subsequently, the record developed
at the hearing is used to formulate a decision that
affects the rights of the participants.
Why
is a Water Right Hearing conducted
by the SWRCB? The SWRCB conducts a water
right hearing for a variety of reasons:
- A
hearing is held because an application to appropriate
unappropriate water has been protested and the protests
have not been resolved;
- A
hearing is held when a petition to change an existing
water right permit or license is filed, and it too
has unresolved protests;
- A
hearing is held when an extension of time is requested
for additional time to complete an application,
start or complete construction, or apply water to
full beneficial use;
- A
hearing is held when requested by a party whose
application is to be cancelled, or whose permit
or license is to be revoked;
- A
hearing is held when a water right complaint is
submitted alleging (a) waste and unreasonable use
is occurring, (b) injury to public trust uses or
values is occurring, (c) violations of permit or
license conditions are occurring;
- A
hearing is held when objections to a draft Order
of Determination (statutory adjudication) and a
draft Report of Referee (court reference adjudication)
is submitted;
- As
required by law, a hearing is held on requests for
assignments or release from priority of water right
applications held in trust by the State (State filings);
and finally
- A
hearing is held at the SWRCB’s discretion
on any water right matter.
What
are the roles of Water Right Hearing participants?
Persons
participating in a water right hearing fall into several
groups: (1) the hearing officer or hearing panel,
(2) SWRCB staff, and (3) other persons who either
support or advocate the project or who oppose the
project.
- Hearing
Officer: The hearing officer assigned to hear
a case is a member of the SWRCB. That officer
will act much like a judge to ensure that the
hearing is conducted in an orderly fashion. More
than one SWRCB Member may sit in the hearing.
Should this occur, one SWRCB Member will take
the lead as the hearing officer and will be with
the case until it ends.
- SWRCB
Staff Hearing Team: A team is drawn from the
Division of Water Rights and Office of Chief Counsel
to assist the hearing officer. The hearing team,
which includes a staff engineer, an environmental
specialist and staff attorney, participate in
the development of the hearing record and subsequently
write an analysis of the hearing record. Under
the guidance of the hearing officer, the hearing
team prepares the draft decisions or orders to
be considered by the SWRCB.
- Project
Advocates: The project sponsor or advocate
must assemble information that details the project
proposal, anticipated benefits and impacts and
appropriate mitigation measures. For a large project,
the project advocate will commonly assemble his/her
own team of experts to offer testimony that addressed
the defined issues. The primary responsibility
for making an evidentiary record rests with the
project advocate.
- Project
Opponent: The project opponent has the responsibility
of providing evidence in support of any allegations
made against the project. The project opponent
must present his/her own supportive evidence.
When the project opponent is a group or agency,
one person must be designated to represent the
group. The project opponent may assemble her/her
own team of experts to offer testimony in support
of any allegation against the project, or to conduct
cross examination of the project advocate’s
witnesses having similar expertise.
- Interested
Parties:
The SWRCB may recognize as interested parties
other persons appearing at the hearing. An interested
party may either support or oppose the project.
The SWRCB, in its discretionary action of granting
the status of interested party to a group or individual,
may impose conditions on the interested party's
participation so as to avoid prejudice to other
hearing participants.
- Parties
Interested in the Proceedings: Some people
may merely wish to express general support or
opposition to a project proposal. If this is the
case, the presentation of non-evidentiary statements
will be noted in the hearing record.
- Stenographic
Reporter: The proceeding at a hearing will
be reported by a stenographic court reporter.
The reporter will prepare and certify a true transcript
of the proceeding.
( updated
10/23/08
)
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