Byron-Bethany Irrigation District (BBID) joined a broad, statewide coalition of water agencies, business leaders and other concerned organizations opposing Senate Bill 1. BBID has strongly opposed the bill as written, contending it threatens water supply reliability for millions of Californians. Read the full letter to the bill’s author below.
SB 1 Coalition Letter to Atkins 090419 FinalByron-Bethany Irrigation District (BBID) is joining a broad-based coalition of water agencies, business leaders and concerned constituents in calling for lawmakers to fix Senate Bill 1 (Atkins). SB 1 threatens water supply reliability for millions of Californians and threatens to derail the Voluntary Settlement Agreements in the Delta. Read more below!
San Jose, CA (August 5, 2019) –On Monday, Byron-Bethany Irrigation District (BBID) filed a motion in Santa Clara County Superior Court, seeking to recover nearly $2 million in attorneys’ fees from the State of California.
The motion is directly related to an enforcement action brought by the State Water Resources Control Board (SWRCB) against BBID shortly after BBID sued the SWRCB over unlawful curtailment notices issued by the SWRCB to more than a thousand pre-1914 water rights holders, including BBID. Over BBID’s objection, the Santa Clara Court stayed BBID’s lawsuit pending completion of the administrative hearing of the SWRCB’s enforcement action.
The SWRCB’s enforcement action sought enforcement of the curtailment notices against BBID for diverting water when allegedly none was available under its priority of right, and seeking a $5 million fine. On the third day of the administrative hearing before the SWRCB, BBID’s legal team successfully argued that the evidence submitted by the SWRCB litigation team failed to meet its burden of proof, and the SWRCB hearing officer granted BBID’s motion for judgment dismissing the enforcement action.
After the dismissal of the enforcement action, BBID resumed its related lawsuit, and on April 3, 2018, Santa Clara Superior Court Judge Brian Walsh issued his Statement of Decision holding, among other things, that the SWRCB lacks jurisdiction to enforce priority of rights between pre-1914 and riparian water rights. The Court’s ruling solidifies the oldest water rights in California. Judge Walsh also held that the curtailment notices violated BBID’s due process rights because they commanded immediate curtailment of water rights and threatened large fines without providing water right holders an opportunity to challenge the findings upon which the notices were based.
BBID now seeks recovery of the significant legal fees and costs incurred defending its senior water rights, and those held by the state’s other pre-1914 and riparian water right holders. The hearing of BBID’s motion is set for October 18th.
Read the full court documents below.
BBID crews are making major strides in construction of the new Pumping Plant Four, the latest project in the District’s Capital Improvement Program.
Watch the video below to learn how the new pumping plant will help keep the water flowing for BBID’s growers!
WATCH: Directors of the San Luis and Delta-Mendota Water Authority (SLDMWA), including BBID General Manager Rick Gilmore, attended a tour of Shasta Dam.
The informational workshop was hosted by the U.S. Bureau of Reclamation, informing SLDMWA Directors about the proposed Shasta Dam Raise project.
Byron-Bethany Irrigation District (BBID) announced its opposition to AB 1486, unless the bill is amended to preserve the “need for local flexibility when it comes to proper governmental land use management.”
Read BBID’s full letter below.
AB 1486 OppositionByron-Bethany Irrigation District (BBID) announced its support for ACA 1, which “will provide mechanisms for cities, counties, and special districts to have a viable financing tool to help address important community needs for affordable housing and public infrastructure.”
Read the District’s full support letter below.
BBID ACA 1 SupportThe Byron-Bethany Irrigation District (BBID) is expressing its support for the San Luis & Delta-Mendota Water Authority Jones Pumping Plant Rehabilitation project, which will enhance water reliability for California’s cities, farms, and environment.
Read more below.
Below, read the letter submitted by Byron-Bethany Irrigation District in response to the State Water Resources Control Board’s (State Water Board) request for comments regarding the proposed water rights fees for fiscal year 2019-20.
WaterRightsFeesLetterByron-Bethany Irrigation District (BBID) conveyed its strong opposition to Senate Bill 1, which BBID and a coalition of water agencies believes “…threatens water supply reliability for millions of Californians and jeopardizes efforts to improve the environmental health of the Sacramento and San Joaquin River watersheds.”
Read the full letter below.
BBID – SB 1 (Oppose)_