STATE WATER RESOURCES CONTROL BOARD

BOARD MEETING SESSION – DIVISION OF WATER RIGHTS

MAY 18, 2000

 

ITEM:  14

 

SUBJECT:

 

A DRAFT ORDER DENYING PETITION FOR RECONSIDERATION OF AN ORDER DATED FEBRUARY 29, 2000, REJECTING AND CANCELING APPLICATIONS 30647 AND 30648 FOR FAILURE TO SUBMIT INFORMATION REQUESTED IN ACCORDANCE WITH WATER CODE SECTION 1275

 

DISCUSSION:  

 

On September 25, 1997, the Greenhouse Ranch Partnership (Applicant) submitted two water right applications (A30647 and 30648) to the State Water Resources Control Board (SWRCB).  The applications request water right permits that would authorize diversion of a total 8,000 acre-feet per annum (afa) from an unnamed tributary to the San Joaquin River in Merced County.  The water would be used for irrigation, stockwatering, recreation and wildlife enhancement.

 

The Applicant failed to comply with requirements set forth in a letter from the Division of Water Rights (Division) dated April 12, 1999.  Compliance with the requirements is necessary to enable the Division to process the applications.  Consequently, on February 29, 2000, the Chief of the Division of Water Rights issued an Order Rejecting and Canceling Applications 30647 and 30648 for failure to submit information in accordance with Water Code section 1275, or to show cause why further time should be allowed.  On March 17, 2000, the Applicant filed a petition for reconsideration of the Division Chief’s order.

 

In the proposed order, the SWRCB concludes that:

 

1.  The petition is defective because it fails to comply with the requirements set forth in California Code of Regulations, title 23, sections 768 and 769.

 

2.  The Applicant offers no explanation for failure to submit the workplan required by the Division’s letter dated April 12, 1999.

 

3.  The Applicant provides no assurance that it will diligently comply with the requirements set forth in the April 12th letter.

 

5.  The petition should be denied.

 

POLICY ISSUE: 

 

Should the SWRCB adopt the proposed order denying the petition for reconsideration of the Division Order?

 

FISCAL IMPACT: 

None.  This activity is budgeted within existing resources and no additional fiscal demands will occur as a result of approving item.

 

STAFF RECOMMENDATION:

 

Staff recommends that the SWRCB adopt the proposed order denying the Greenhouse Ranch Partnership’s petition for reconsideration.

 

 

Proposed Order available in Word