The Modesto Bee responded to an LA Times editorial that criticized Assembly Bill 313.
The Bee came down strongly in support of the water reform bill that would restore fundamental fairness to the state’s water rights hearings. Read the Bee’s full editorial below:
What's wrong with inserting a little fairness into state water board disputes? | The Modesto BeeOn behalf of Byron-Bethany Irrigation District, GM Rick Gilmore issued the following response to an August 3rd editorial by the LA Times. The Times editorial criticized Assembly Bill 313, a water reform bill that would bring due process and fairness to California’s water rights enforcement.
LAT Editorial Response (with link)Sacramento, CA (June 6, 2017) – Assembly Bill 313, a water reform bill introduced by Assemblyman Adam Gray (D-Merced) and backed by Byron-Bethany Irrigation District, is one step closer to becoming law. At its regular meeting Tuesday, the Senate Judiciary Committee passed AB 313 by a 4-1 vote. The bill now moves on to the Senate Committee on Appropriations.
AB 313 establishes a new water rights management structure, creating a new Water Rights Division in the Office of Administrative Hearings (OAH) to handle all water rights matters. Currently, the State Water Resources Control Board (SWRCB) exercises near-comprehensive control over California’s water rights. The SWRCB writes regulations, initiates enforcement actions, and conducts hearings in its own courtroom in which Board staff act as the prosecution and Board members act as judge and jury.
Under AB 313, all quasi-adjudicative matters involving water rights would be decided upon by administrative law judges in the new Water Rights Division, which would conduct hearings neutrally. The bill ensures all hearings regarding the issuance of administrative civil liability (ACL) and cease-and- desist orders (CDO) involving water rights are to be held in the new Water Rights Division, rather than the SWRCB. This productive transfer of power eliminates any potential duplicative efforts for any similar hearings and responsibility to fall under the SWRCB.
AB 313 is heard at the Senate Committee on Natural Resources & Water in June.
In June, the bill cleared the Senate Committee on Natural Resources & Water by a 5-0 vote.
AB 313 previously passed the Assembly with overwhelming bipartisan support.
Read the letter the District issued to the Senate Judiciary Committee in support of AB 313. The hearing is scheduled for Tuesday, July 11th at 1:30. The bill previously passed the Senate Natural Resources & Water Committee.
BBID Judiciary Support Letter (3)Byron, CA (June 6, 2017) – Fast-acting BBID staff mobilized to put a temporary pipeline fix in place, ensuring the District’s customers will continue to receive normal water deliveries while repairs are made.
Over the Memorial Day weekend, part of the pipeline serving the District’s Bethany Division failed. Staff worked around the clock, swiftly installing bypass pumps specifically to serve those customers, keeping the water flowing and preventing any service interruptions during the growing season.
Meanwhile, the District is hard at work on fixing the original pipeline, sourcing new materials to make the necessary repairs and replacements. A forensic analysis will be conducted to determine the cause of the failure of the cement mortar steel pipe.
In the meantime, the temporary bypass pumps will be in place until permanent repairs are complete.
WATCH: Click below to watch an aerial video of the fix in action!
Byron-Bethany Irrigation District released the inaugural issue of the BBID Bulletin, the official District newsletter featuring news updates, videos and more!
Sacramento, CA (May 30, 2017) – On Tuesday, the California State Assembly overwhelmingly passed a major water bill backed by Byron-Bethany Irrigation District (BBID). Assembly Bill 313, introduced earlier this year by Assemblyman Adam Gray (D-Merced) to reestablish balance and fairness for California’s water rights holders, was passed with a 64-4 vote. BBID provided technical support in crafting the bill, which makes significant repairs to California’s broken water management structure.
“Assemblyman Gray’s visionary leadership brought this critical, statewide issue to the forefront – and today’s decisive action signals that lawmakers agree it’s time to fix our broken system,” said BBID GM Rick Gilmore. “State agencies shouldn’t have unchecked power and little accountability, preventing water rights holders from being treated with the foundational fairness our justice system promises one and all. AB 313 balances the scales.”
The bill establishes a new water rights management structure, creating a new Water Rights Division in the Office of Administrative Hearings (OAH) to handle all water rights matters. Currently, the State Water Resources Control Board (SWRCB) exercises near-comprehensive control over California’s water rights. The SWRCB writes regulations, initiates enforcement actions, and conducts hearings in its own courtroom in which Board staff act as the prosecution and Board members act as judge and jury.
“As BBID itself has experienced, that structure’s built-in conflicts of interest and biases result in an unfair process,” Gilmore said.
Under AB 313, all quasi-adjudicative matters involving water rights would be decided upon by administrative law judges in the new Water Rights Division, which would conduct hearings neutrally. The bill ensures all hearings regarding the issuance of administrative civil liability (ACL) and cease-and- desist orders (CDO) involving water rights are to be held in the new Water Rights Division, rather than the SWRCB. This productive transfer of power eliminates any potential duplicative efforts for any similar hearings and responsibility to fall under the SWRCB.
Prior to Tuesday’s vote, AB 313 previously passed out of the Assembly policy and fiscal committees without a single “no” vote. The bill now heads to the Senate, where it will be considered in the coming weeks.
“This is a big step in the right direction for California water,” said BBID Board President Russell Kagehiro. “Should this bill become law, communities across the state will have a more secure water supply.”
WATCH: Byron-Bethany Irrigation District thanks the community for its support, after the District received the 2017 Association of California Water Agencies (ACWA) Excellence in Water Leadership Award.