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March 3, 1999 Board Meeting Minutes
STATE WATER RESOURCES CONTROL BOARD
MEETING MINUTES
 March 3, 1999
Note: Copies of the orders, decisions, and resolutions mentioned in these minutes can be obtained from Maureen Marché, State Water Resources Control Board, Post Office Box 100, Sacramento, California, 95812-0100; or call (916) 657-0990.

CALL TO ORDER
The meeting was called to order by James M. Stubchaer, Chairman, March 3, 1999, at 9:05 a.m., in the First-Floor Hearing Room, 901 "P" Street, Sacramento, California

BOARD MEMBERS PRESENT
James M. Stubchaer, Marc Del Piero, Mary Jane Forster and John W. Brown.

BOARD MEMBERS ABSENT
None

STAFF PRESENT
Walt Pettit, Dale Claypoole, William Attwater, Maureen Marché, Dana Differding, Barbara Leidigh, Jorge Leon.
OTHERS PRESENT
Denslow Green, Madera Irrigation District; Don Mooney, De Cuir & Somach; R.L. Schafer, Dr. Menefee & Harman Bros; Kenneth Kuney, Dooley, Herr & Williams; Jim Turner, U S Bureau of Reclamation; Amelia Minaberrigarai, San Luis and Delta-Mendota Water Authority; Dante John Nomellini, Jr., Central Delta Parties; John Herrick, South Delta Water Agency; John Anderson, San Diego Regional Water Quality Control Board; Jay Vittachi, Fallbrook Public Utility District.
PUBLIC FORUM
No one addressed the Board.
MINUTES
The Board unanimously approved the minutes of the December 3, 1998, January 21, 1999 and February 18, 1999 Board Meetings.
WATER RIGHTS
1. Consideration of a Draft Order Finding That the United States Bureau of Reclamation (USBR) has Violated Water Right Permit 16584 (Application 18733) By Injuring Prior Right Holders Downstream of Hidden Dam and Directing the USBR to Release Sufficient Water to Satisfy Prior Right Holders.
Dana Differding, Office of Chief Counsel, presented the item and responded to some of the written comments. Ms. Differding recommended approval of the proposed order including the addition of a footnote on page 26 contained in the errata sheet.
Denslow Green, Don Mooney, R. L. Schafer, Kenneth Kuney and Jim Turner addressed the Board.
The Board also discussed the addition of another footnote regarding submittal of new evidence regarding the 140 acres. Ms. Differding suggested a footnote on page 26, first paragraph, following the sentence "In addition, the SWRCB concludes that the USBR ....". The footnote would read: "Within this period, the parties may submit to the SWRCB new evidence concerning the calculations of riparian acreage contained in this order, and the SWRCB will consider whether further proceedings should be initiated to revise those figures."
The Board also discussed the problem of the lock on the Road 9 station and its effect and directed the Executive Director to send a letter to the Reclamation Board explaining the problem and the need for removal of the lock.
It was further agreed by the Board to include the priority date of Triangle T Ranch's appropriative right into the order.
Motion: The Board unanimously adopted the proposed order with the addition of the footnote to page 26 contained in the errata sheet, the second footnote as related by Ms. Differding, and the inclusion of the priority date. Water Rights Order 99-01

2. Consideration of a Proposed Draft Order Modifying and Denying Reconsideration of Order WR 98-09 Regarding Diversion of Waters From the San Francisco Bay/Sacramento-San Joaquin Delta Estuary.

Barbara Leidigh, Office of Chief Counsel, presented the item recommending approval of the proposed order which would deny the County of San Joaquin, Central San Joaquin Water Conservation District (CSJWCD), Central Delta Water Agency, South Delta Water Agency, Reclamation District No. 2039, Reclamation District No. 2072, R.C. Farms, Inc., Zuckerman Mandeville Inc., and Alexander Hildebrand petition and modify Order WR 98-09 in response to the Stockton East Water District's petition. Ms. Leidigh also suggested an addition to page 13, 2nd full paragraph, 2nd sentence, following the word "agriculture": "and has an adequate water level to be pumped."

Amelia Minaberrigarai, Dante Nomellini, Jr., and John Herrick addressed the Board. In response to Mr. Herrick's comments, Ms. Leidigh suggested an additional change to the second full paragraph on page 13. The first three sentences would be revised to read: "Regarding County's water quantity (supply) allegation, there is no lack of water in the Delta channels, since they are close to sea level. Thus, the water supply issue as it applies to the channels of the Delta, is actually an issue of whether the water is of adequate quality for use by agriculture and has an adequate water level to be pumped. The quality issue is and water level issues are addressed above."

Motion: The Board unanimously adopted the proposed order with the revision to page 13.
Water Rights Order 99-02

REGULATIONS
3. Consideration of a Resolution to Adopt Minor Revisions to the Board's Adjudicative Proceedings Regulations.

Motion: The Board unanimously adopted the proposed resolution approving the revisions.  Resolution 99-021

ADJOURNMENT
The Chairman adjourned the meeting at 10:20 a.m.

STATE WATER RESOURCES CONTROL BOARD
MEETING MINUTES
 March 3, 1999
Note: Copies of the orders, decisions, and resolutions mentioned in these minutes can be obtained from Maureen Marché, State Water Resources Control Board, Post Office Box 100, Sacramento, California, 95812-0100; or call (916) 657-0990.

CALL TO ORDER
The meeting was called to order by James M. Stubchaer, Chairman, March 3, 1999, at 9:05 a.m., in the First-Floor Hearing Room, 901 "P" Street, Sacramento, California

BOARD MEMBERS PRESENT
James M. Stubchaer, Marc Del Piero, Mary Jane Forster and John W. Brown.

BOARD MEMBERS ABSENT
None

STAFF PRESENT
Walt Pettit, Dale Claypoole, William Attwater, Maureen Marché, Dana Differding, Barbara Leidigh, Jorge Leon.
OTHERS PRESENT
Denslow Green, Madera Irrigation District; Don Mooney, De Cuir & Somach; R.L. Schafer, Dr. Menefee & Harman Bros; Kenneth Kuney, Dooley, Herr & Williams; Jim Turner, U S Bureau of Reclamation; Amelia Minaberrigarai, San Luis and Delta-Mendota Water Authority; Dante John Nomellini, Jr., Central Delta Parties; John Herrick, South Delta Water Agency; John Anderson, San Diego Regional Water Quality Control Board; Jay Vittachi, Fallbrook Public Utility District.
PUBLIC FORUM
No one addressed the Board.
MINUTES
The Board unanimously approved the minutes of the December 3, 1998, January 21, 1999 and February 18, 1999 Board Meetings.
WATER RIGHTS
1. Consideration of a Draft Order Finding That the United States Bureau of Reclamation (USBR) has Violated Water Right Permit 16584 (Application 18733) By Injuring Prior Right Holders Downstream of Hidden Dam and Directing the USBR to Release Sufficient Water to Satisfy Prior Right Holders.
Dana Differding, Office of Chief Counsel, presented the item and responded to some of the written comments. Ms. Differding recommended approval of the proposed order including the addition of a footnote on page 26 contained in the errata sheet.
Denslow Green, Don Mooney, R. L. Schafer, Kenneth Kuney and Jim Turner addressed the Board.
The Board also discussed the addition of another footnote regarding submittal of new evidence regarding the 140 acres. Ms. Differding suggested a footnote on page 26, first paragraph, following the sentence "In addition, the SWRCB concludes that the USBR ....". The footnote would read: "Within this period, the parties may submit to the SWRCB new evidence concerning the calculations of riparian acreage contained in this order, and the SWRCB will consider whether further proceedings should be initiated to revise those figures."
The Board also discussed the problem of the lock on the Road 9 station and its effect and directed the Executive Director to send a letter to the Reclamation Board explaining the problem and the need for removal of the lock.
It was further agreed by the Board to include the priority date of Triangle T Ranch's appropriative right into the order.
Motion: The Board unanimously adopted the proposed order with the addition of the footnote to page 26 contained in the errata sheet, the second footnote as related by Ms. Differding, and the inclusion of the priority date. Water Rights Order 99-01

2. Consideration of a Proposed Draft Order Modifying and Denying Reconsideration of Order WR 98-09 Regarding Diversion of Waters From the San Francisco Bay/Sacramento-San Joaquin Delta Estuary.

Barbara Leidigh, Office of Chief Counsel, presented the item recommending approval of the proposed order which would deny the County of San Joaquin, Central San Joaquin Water Conservation District (CSJWCD), Central Delta Water Agency, South Delta Water Agency, Reclamation District No. 2039, Reclamation District No. 2072, R.C. Farms, Inc., Zuckerman Mandeville Inc., and Alexander Hildebrand petition and modify Order WR 98-09 in response to the Stockton East Water District's petition. Ms. Leidigh also suggested an addition to page 13, 2nd full paragraph, 2nd sentence, following the word "agriculture": "and has an adequate water level to be pumped."

Amelia Minaberrigarai, Dante Nomellini, Jr., and John Herrick addressed the Board. In response to Mr. Herrick's comments, Ms. Leidigh suggested an additional change to the second full paragraph on page 13. The first three sentences would be revised to read: "Regarding County's water quantity (supply) allegation, there is no lack of water in the Delta channels, since they are close to sea level. Thus, the water supply issue as it applies to the channels of the Delta, is actually an issue of whether the water is of adequate quality for use by agriculture and has an adequate water level to be pumped. The quality issue is and water level issues are addressed above."

Motion: The Board unanimously adopted the proposed order with the revision to page 13.
Water Rights Order 99-02

REGULATIONS
3. Consideration of a Resolution to Adopt Minor Revisions to the Board's Adjudicative Proceedings Regulations.

Motion: The Board unanimously adopted the proposed resolution approving the revisions.  Resolution 99-021

ADJOURNMENT
The Chairman adjourned the meeting at 10:20 a.m.

 
 

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