Petition Requesting Changes in Water Rights of The Department of Water Resources and U.S. Bureau of Reclamation for the California WaterFix Project Hearing
File Transfer Protocol Site Information
The State Water Board developed a secure File Transfer Protocol (FTP) website where parties to the hearing should upload their exhibits and parties can download the exhibits submitted by other parties. Each party on the service list will be provided a party-specific account with a username and password before their exhibit submittal deadline. All parties to the hearing will also have access to a shared account on the FTP site, which will allow parties to view and download other parties' exhibits, but only after the exhibit submittal deadline. The shared account is accessible at https://ftp.waterboards.ca.gov/?u=water fix download&p=waterfix123.
Exhibit Identification Indexes and Transmittal Letters - Bartkiewicz, Kronick & Shanahan (BKS) - BKS Clients - City of Folsom, City of Roseville, San Juan Water District and Sacramento Suburban Water District
- BKS's Exhibit Identification Index - 4/27/2017
- BKS's Exhibit Identification Index - 5/5/2017
- BKS's Letter Re: Submission of Exhibits into Evidence - 5/19/2017
- BKS's Exhibit List for Entry into Evidence - 5/19/2017
- BKS's Exhibit Identification Index - 6/15/2017
- BKS's Letter Re: Submission of Exhibits into Evidence - 7/7/2017
- BKS's Exhibit Identification Index - 2/22/2018
- BKS’s Exhibit Identification Index - 3/1/2018
- BKS’s Exhibit Identification Index - 3/5/2018
- BKS's Exhibit Identification Index - 3/8/2018
- BKS’s Exhibit Identification Index - 4/11/2018
- BKS’s Exhibit Identification Index - 4/23/2018
- BKS's Exhibit Identification Index for Cross - 8/6/2018
- BKS's Exhibit Identification Index - 8/9/2018
Part 1
| Exhibit No. | Exhibit Description | Date Accepted into Evidence* or Withdrawn |
|---|---|---|
| Opening Statement | ||
| BKS-1 | Highlighted pages from exhibits SWRCB-10, p. 98; SWRCB-11, P. 165; SWRCB-84, p. 595; and SWRCB-84, p. 596 | Hearing Transcript Dated July 29, 2016 |
| BKS-2 | Highlighted pages from the Draft January 2016 Biological Assessment for the California WaterFix | Hearing Transcript Dated July 29, 2016 |
| BKS-3 | Highlighted pages from State Water Resources Control Board Order WR 2015-0043, Corrected - January 19, 2016 | Hearing Transcript Dated July 29, 2016 |
| BKS-4 | Chapter 690 of United States Public Law 356. An Act to authorize the American River Basin development, California, for irrigation and reclamation, and for other purposes. | Ruling Dated February 21, 2017 |
| BKS-5 | U.S. Department of the Interior’s December 11, 2015 Letter Re: Item 7- Consideration of a proposed Order granting In Part and Denying In Part the Petitions for Reconsideration of the Executive Director’s February 3, 2015 Order that approved Temporary Urgency Changes in License And Permit Terms and Conditions for the State Water Project and Central Valley Project and Subsequent Modifications to that Order | Ruling Dated February 21, 2017 |
| BKS-6 | U.S. Department of the Interior’s July, 5, 2016 Letter Re: Sacramento River Temperature Management Plan for 2016 | Ruling Dated February 21, 2017 |
| BKS-7 | Highlighted excerpt of U.S. Department of the Interior’s DOI-7 exhibit. | Ruling Dated February 21, 2017 |
| BKS-8 | Highlighted pages of exhibit DWR-71 | Ruling Dated February 21, 2017 |
| BKS-9 | Excerpts from California WaterFix RDEIR/SDEIS, App. C (exh. SWRCB-3), with highlights | Ruling Dated February 21, 2017 |
| BKS-11 | Section 3.7.2 from July 2016 California WaterFix Biological Assessment (exh. SWRCB-104) | Ruling Dated February 21, 2017 |
| BKS-12 | Folsom Reservoir storage exceedance plots for July-December | Ruling Dated February 21, 2017 |
| BKS-13 | Folsom Reservoir storage and American River flow at Nimbus plots for 1931-1933, 1939 and 1990 | Ruling Dated February 21, 2017 |
| BKS-14 | Letter dated March 11, 2016. From T. Mizell of Department of Water Resources and A. Aufdemberge of United States Bureau of Reclamation to Hearing Chair T. Doduc and Hearing Officer F. Marcus |
Part 1 - Rebuttal
| Exhibit No. | Exhibit Description | Date Accepted into Evidence* or Withdrawn |
|---|---|---|
| BKS-50 | State Water Board Draft Order WR 2015, dated December 7, 2015, Denying in Part and Granting in Part Petitions for Reconsideration and Addressing Objections | Ruling Dated June 7, 2017 |
| BKS-51 | Letter dated December 11, 2015 from David G. Murillo, U.S. Bureau of Reclamation, to the State Water Board | Ruling Dated June 7, 2017 |
| BKS-53 | Excerpt from the Cal. WaterFix Biological Assessment | Ruling Dated June 7, 2017 |
| BKS-100 | Exhibit DOI-33 Errata, marked | Ruling Dated June 7, 2017 |
| BKS-101 | July 2016 CWF Biological Assessment App. 5.A, marked excerpts | Ruling Dated June 7, 2017 |
| BKS-102 | December 2016 CWF Final EIR/EIS Chapter 2, marked | Ruling Dated June 7, 2017 |
| BKS-103 | Biological Assessment Q0 Modeling Results | Ruling Dated June 7, 2017 |
| BKS-104 | Biological Assessment Q5 Modeling Results | Ruling Dated June 7, 2017 |
Part 1 - Sur-Rebuttal
| Exhibit No. | Exhibit Description | Date Accepted into Evidence* or Withdrawn |
|---|---|---|
| BKS-200 | Case-in-Chief - No Action v H3 Folsom Reservoir | Ruling Dated August 10, 2017 |
| BKS-201 | Case-in-Chief - No Action v H4 Folsom Reservoir | Ruling Dated August 10, 2017 |
| BKS-202 | WSI-DI Training Process Step 2, marked | Ruling Dated August 10, 2017 |
| BKS-204 | Excerpts of FEIR/EIS, Chapter 3 | Ruling Dated August 10, 2017 |
Part 2
| Exhibit No. | Exhibit Description | Date Accepted into Evidence* or Withdrawn |
|---|---|---|
| BKS-250 | Excerpts of CEQA Decision Document Attachment B - Findings of Fact and Statement of Overriding Considerations (Exh. SWRCB-110) | Ruling dated June 1, 2018 |
| BKS-251 | Excerpts of National Marine Fisheries Service's June 16, 2017 Biological Opinion for the California WaterFix Project, Appendix A2 (Exh. SWRCB-106) | Ruling dated June 1, 2018 |
| BKS-252 | Excerpts of Final Bay Delta Conservation Plan/California WaterFix Partially Recirculated Draft Environmental Impact Report/Supplemental Draft Environmental Impact Statement (RDEIR/SDEIS) and Public Comments and Response to Comments, Appendix 5-G (Exh. SWRCB-102) | Ruling dated June 1, 2018 |
| BKS-253 | Excerpts of Developments after Publication of the Proposed Final Environmental Impact Report, July 2017 (Exh. SWRCB-108) | Ruling dated June 1, 2018 |
| BKS-254 | Excerpts of California Department of Fish and Wildlife Incidental Take Permit (No. 2081-2016-055-03) for Construction and Operation of Dual Conveyance Facilities of the State Water Project (California WaterFix) (Exh. SWRCB-108) | Ruling dated June 1, 2018 |
| BKS-255 | Excerpts of National Marine Fisheries Service's June 16, 2017 Biological Opinion for the California WaterFix Project (Exh. SWRCB-106) | Ruling dated June 1, 2018 |
| BKS-256 | Excerpts of Biological Assessment for the California WaterFix, July 2016 (Published August 2, 2016) Appx 5C (Exh. SWRCB-104) | |
| BKS-257 | May-Folsom Reservoir Storage results from CWF H3+ modeling | Ruling dated June 1, 2018 |
| BKS-258 | USFWS Annual CVPIA Progress Report, FY 2010 | Ruling dated June 1, 2018 |
| BKS-259 | USFWS Annual CVPIA Progress Report, FY 2011 | Ruling dated June 1, 2018 |
| BKS-260 | SWRCB August 31, 2017 Ruling Regarding Scheduling of Part 2 and Other Procedural Matters | Ruling dated June 1, 2018 |
| BKS-261 | Final Bay Delta Conservation Plan/California WaterFix Partially Recirculated Draft Environmental Impact Report/Supplemental Draft Environmental Impact Statement (RDEIR/SDEIS) and Public Comments and Response to Comments. (Chapter 11) (Exh. SWRCB-102) | Ruling dated June 1, 2018 |
| BKS-262 | Latour, "Explaining Patterns of Pelagic Fish Abundance in the Sacramento-San Joaquin Delta," Estuaries and Coasts, April 2015 | Ruling dated June 1, 2018 |
| BKS-263 | Newman, "Sample design-based methodology for estimating delta smelt abundance," San Francisco Estuary and Watershed Science, October 2008 | Ruling dated June 1, 2018 |
| BKS-264 | Excerpts of CDFW Director Bonham's February 8, 2018 policy statement | Not admitted per Oral Ruling dated March 5, 2018 |
| BKS-265 | Highlighted copy of Decision 893 | Ruling dated June 1, 2018 |
| BKS-266 | Schoellhamer 2011 | Ruling dated June 1, 2018 |
| BKS-267 | Mahardja et al. 2017 | Ruling dated June 1, 2018 |
| BKS-268 | Hestir et al. 2013 | Ruling dated June 1, 2018 |
| BKS-269 | Nobriga et al. 2008 |
Part 2 - Rebuttal
| Exhibit No. | Exhibit Description | Date Accepted into Evidence* or Withdrawn |
|---|---|---|
| BKS-300 | 2008 OCAP BA excerpts | September 18, 2018 |
| BKS-301 | NMFS CWF BiOp excerpts | September 18, 2018 |
| BKS-302 | CALSIM II schematic | September 18, 2018 |
| BKS-303 | 1981 Wild & Scenic designation | |
| BKS-304 | 1932, 1981, 2001 Folsom storage-Jones exports slides | |
| BKS-305 | DWR June 4 modeling Total Exports | |
| BKS-306 | Folsom Reservoir Storage Modeling Results |
Part 2 - Sur-Rebuttal
| Exhibit No. | Exhibit Description | Date Accepted into Evidence* or Withdrawn |
|---|---|---|
* For a complete account of testimony and exhibits that have been admitted into evidence, please see the Ruling Page for the corresponding ruling date and/or Transcript Page for the corresponding transcript date.
