BBID Engages State Water Board to Ensure Proper Implementation of Water Rights Fairness Bill

In its ongoing commitment to ensure fairness for California’s water right holders, Byron-Bethany Irrigation District (BBID) proactively engaged the State Water Resources Control Board (State Water Board).

The below letter details BBID’s efforts to ensure the proper implementation of Assembly Bill 747, which establishes a neutral Administrative Hearings Office to adjudicate complex water rights matters.

SWRCB Esquivel_AB747 Hearing Officer_060319

Governor Brown Signs BBID-Backed Water Rights Fairness Bill

Sacramento, CA (September 24, 2018) – Landmark legislation crafted by Byron-Bethany Irrigation District (BBID) to restore Constitutional due process and restore fairness for California’s water right holders is now law. Governor Brown signed Assembly Bill 747, a bill introduced by Assemblymember Anna Caballero (D-Salinas). AB 747 passed the Legislature by an overwhelming bipartisan majority.

“The Governor’s action cements a significant step toward improving the transparency, objectivity and accountability for California’s water rights administration and enforcement,” said BBID GM Rick Gilmore. “This law will go a long way toward implementing the necessary checks and balances, as well as restoring the water community’s faith in the process.”

AB 747 establishes a fairer process for water right holders who for many years felt they had little choice but to settle enforcement actions brought against them by the State Water Resources Control Board (SWRCB). The SWRCB currently acts as both prosecutor and judge in enforcement actions initiated by the Board. This bill creates an Administrative Hearings Office within the SWRCB. Expert attorneys will serve as hearing officers to hear and adjudicate complex, critically important water rights matters. A similar structure is already in effect for many state agencies.

This legislation is the response to AB 313, which was introduced last session by Assemblymember Adam Gray (D-Merced), and ultimately vetoed by Governor Brown. Since then, BBID and other local government districts proactively engaged the Brown Administration to find common ground.  AB 747 is the result of that effort.

“On behalf of the BBID Board of Directors, I would like to thank Assemblymember Caballero and her staff for all of their hard work, and recognize Assemblymember Gray’s important contributions at the outset of this effort,” said BBID Board President Russell Kagehiro. “We must also thank Governor Brown and his Administration for their recognition of this critical issue impacting communities statewide, and for their collaboration to reach a solution.”

The new hearing unit will take effect in the coming months.

BBID-Backed Water Rights Bill Passes, Headed to Gov. Brown’s Desk

Sacramento, CA (August 31, 2018) – In a decisive vote, lawmakers acted late Friday to pass Assembly Bill 747, water rights legislation introduced by Assemblymember Anna Caballero (D-Salinas). The bill crafted by Byron-Bethany Irrigation District (BBID) takes steps to restore Constitutional due process and fundamental fairness currently lacking for California’s water right holders. The bill passed the Senate and Assembly with strong bipartisan support on the last night of the legislative session.

“We commend Assemblymember Caballero for taking on this core issue impacting communities across California,” said BBID GM Rick Gilmore. “This good governance legislation is the result of constructive collaboration with the Brown Administration and a collective recognition of the need for greater transparency, accountability, and – above all – fairness in our water rights administration.”

Currently, the State Water Resources Control Board (SWRCB) acts as both prosecutor and judge in enforcement actions the Board initiates against water users. AB 747 removes that built-in conflict of interest by creating an Administrative Hearings Office within the SWRCB. Expert attorneys will act as an objective third party to oversee and adjudicate complex, critically important water rights matters.

“Too often, water right holders feel they have no choice but to settle enforcement actions given the current structure,” Gilmore added. “AB 747 levels the playing field and will help restore faith in the process, ensuring water right holders get a fair shake as guaranteed by our Constitution.”

AB 747 is a follow-up to AB 313, which was previously introduced by Assemblymember Adam Gray (D-Merced). AB 313 passed the Legislature with similarly strong support on both sides of the aisle, but was ultimately vetoed by Governor Brown. Since then, all parties have engaged in productive dialogue to reach a compromise that provides important protections for water rights holders.

“We would be remiss if we didn’t recognize Assemblymember Gray’s work on this issue,” Gilmore said. “From the very beginning, he championed this cause. We wouldn’t be where we are tonight without his tireless dedication.”

AB 747 now heads to Governor Brown’s desk for his signature.

Congress Coalition Expresses “Fervent Opposition” to State Water Board Plan, Vows to Protect Water Supply

Members of the United States Congress are vowing to take action if the State Water Resources Control Board (SWRCB) adopts a plan that calls for increased flows through the San Joaquin River. In a letter sent to the SWRCB, legislators say the proposal “clearly subordinates the beneficial human use of the water in favor of fish and wildlife measures of dubious validity…”

The full letter is below.

Letter to SWRCB Regarding Unimpaired Flow

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

SLDMWA: State Water Board Bay-Delta Plan “Not Supported by Policy, Science or Law”

The San Luis & Delta-Mendota Water Authority‘s member agencies, including the Byron-Bethany Irrigation District, submitted the below letter to the State Water Resources Control Board (SWRCB), expressing “significant disappointment” in response to the SWRCB’s plan for unimpaired flows through the Southern Delta and South San Joaquin River.

It says, in part: “…The approach taken to protect water quality for the beneficial use of water by San Joaquin River watershed fish populations (often referred to as the “San Joaquin River flow objectives”) is crude… not supported by credible science.”

The letter continues: “In addition, the proposed Program of Implementation inexplicably imposes new requirements – minimum storage requirements for the reservoirs on tributaries to the San Joaquin River and a requirement that flows are protected “through Delta.” It also directly and “as applied” prematurely assigns responsibility to water right holders. The addition of new requirements and assignment of responsibility, which will affect vested property interests, are not supported by the facts or the law.”

Read the full statement below.

2018-07-27 Ltr to SWRCB re Bay-Delta Plan Comments

U.S. Bureau of Reclamation: State Water Board Bay-Delta Plan Prioritizes Fish & Wildlife Over Cities & Farms

The U.S. Bureau of Reclamation (Bureau) sent the following letter to the State Water Resources Control Board (SWRCB), urging the SWRCB to reconsider key components of its Bay-Delta Plan Update for the Lower San Joaquin River and Southern Delta. The SWRCB’s plan calls for 40% of unimpaired flows, which will result in significant reductions in available water.

The Bureau’s letter says, in part: “…The Board amendments essentially elevate the [New Melones] Project’s fish and wildlife purposes over the Project’s irrigation and domestic purposes contrary to the prioritization scheme carefully established by Congress.”

The full letter, as well as the Bureau’s technical comments, are below:

BOR_Letter_Bay_Delta_Plan