State Water Board Chair Responds to BBID Letter on Historic Water Rights Case

On Friday, State Water Resources Control Board (SWRCB) Chair Felicia Marcus issued a formal response to a letter sent last month by Byron-Bethany Irrigation District (BBID).

As part of the District’s efforts to fairly and efficiently resolve landmark water rights litigation, BBID issued the letter, which references ongoing legal action that BBID and other petitioners are engaged in against the SWRCB in Santa Clara County.

Read more about the case here  and here.

The SWRCB’s response is below.

8.10.18 FM Response Ltr BBID

BBID Issues Letter to State Water Board on Landmark Water Rights Case

In a concerted effort to fairly and efficiently resolve a landmark water rights case, the Byron-Bethany Irrigation District (BBID) on Tuesday issued the below letter to the State Water Resources Control Board (SWRCB).

The letter references ongoing litigation that BBID and other petitioners are engaged in against the SWRCB in Santa Clara County.

Read more about the case here. More coverage is here. The full letter is below.

SWRCB_Marcus_072418

READ: Final Statement of Decision Issued in Phase One of Water Rights Trial

On Tuesday, the Santa Clara County Superior Court issued its final statement of decision in phase one of a landmark water rights trial. The judge ruled that the State Water Resources Control Board (SWRCB) lacks jurisdiction to enforce priority of rights between pre-1914 and riparian water rights.

Byron-Bethany Irrigation District (BBID) filed the action, challenging unlawful curtailment notices issued by the SWRCB in June 2015 to pre-1914 water rights holders, including BBID. Judge Brian Walsh also determined that the curtailment notices violated BBID’s due process rights.

Read the final Statement of Decision from Judge Brian Walsh below.

4-3-18 Courts Notice of Entry of Order on Final Statement of Decision Ph...

DWR Director Returns to Sonoma County Water Agency

Sacramento, CA (January 10, 2018) – A familiar face is rejoining the Sonoma County Water Agency. Grant Davis will return as general manager, the agency’s Board of Directors announced Wednesday. Davis returns after his appointment nearly five months ago by Governor Brown to serve as the Director of the California Department of Water Resources (DWR).

DWR announced Karla Nemeth was appointed as the new DWR Director. Nemeth was previously the deputy secretary and senior advisor for water policy at the California Natural Resources Agency.

Full news releases are below.

THIS JUST IN ... Sonoma County Water Agency Board of Directors Appoints Grant Davis as General Manager ~ MAVEN'S NOTEBOOK | Water news


THIS JUST IN ... New Director Appointed at Department of Water Resources, Executive Team Restructured to Strengthen Dam and Flood Safety, Climate Resiliency ~ MAVEN'S NOTEBOOK | Water news

Assemblyman Gray to Governor: Missed Deadline to Address Water Rights Fairness “Sends Wrong Message”

Sacramento, CA (January 8, 2018) – Assemblyman Adam Gray (D-Merced) is calling on Governor Brown to explain why a state agency missed a critical deadline to make recommendations for improved water rights fairness. In a letter delivered to Governor Brown, Asm. Gray said, “To a community that already feels attacked and abandoned, [the missed deadline] sends entirely the wrong message.”

Asm. Gray authored Assembly Bill 313, bipartisan legislation vetoed last session by Governor Brown. Byron-Bethany Irrigation District (BBID) provided technical support in crafting the bill.

AB 313 would have ensured that neutral, administrative law judges presided over all water rights matters – providing basic fairness and due process currently lacking for California’s water rights holders. The State Water Resources Control Board (SWRCB) writes regulations, initiates enforcement actions, and conducts hearings in its own courtroom with its staff members as acting as the prosecution team and its board members acting as the judge.

Assemblymember Adam Gray represents the 21st Assembly District.

In the Governor’s veto message, he directed the California Environmental Protection Agency to make recommendations to improve the State Water Resources Control Board’s hearing process. However, a January 1st deadline to provide those recommendations has passed. Assemblyman Gray is now requesting to meet with the Governor and CalEPA to “…understand why CalEPA has failed to meet the deadline and discuss the ramifications this disregard has for my district and our ability to engage in settlement discussions with the administration.”

The full letter is below.

1.8.18 AB 313 Governor Veto Letter