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.
