Winston H. Hickox
Secretary for
Environmental
Protection
State Water Resources Control Board
Executive Office
901 P Street . Sacramento, California 95814 (916) 657-0941 . FAX (916) 657-0932
Mailing Address: P.O. Box 100 . Sacramento, California 95812-0100
Internet Addresses: http://www.swrcb.ca.gov, http://www.waterrights.ca.gov
To Parties, Bay-Delta Water Rights Hearing:
RULING ON REDACTIONS OF TRINITY COUNTY TESTIMONY PRESENTED IN PHASE 5 AND SETTING BRIEFING SCHEDULE
On October 20, 1998, Trinity County’s (Trinity) representatives stipulated with representatives of Westlands Water District (Westlands), San Luis & Delta Mendota Water Authority (Authority), and U.S. Department of Interior (Interior) to redact certain written and oral testimony that was presented on behalf of Trinity on October 14 and 20, 1998. The stipulation, including the discussion clarifying it, is set forth in the transcript at pages 5068 through 5079. As hearing officer, I accepted the stipulation. I also accepted Trinity County Exhibits 17 and 18 in evidence, took official notice of the existence of Trinity County Exhibits 19, 21, and 22, and took official notice of Trinity County Exhibits 2 through 12, 16, 20, and 23 through 30.
For the record, the parties to the stipulation agreed to prepare a marked transcript and marked copies of the written testimony, showing the stipulated redactions. The parties have substantially completed preparing these documents, and have agreed on most of the redactions. On February18,1999, an attorney representing Westlands and the Authority submitted to the StateWater Resources Control Board (SWRCB) the package of testimony containing the redactions agreed to by the parties to the stipulation, plus some redactions which are proposed by Westlands, the Authority, and Interior, but have not been agreed to by Trinity. The package includes redacted versions of Trinity County Exhibits 1A and 15 and a copy of hearing transcript pages 4598 through 4756 showing redactions agreed to by Trinity in black ink and redactions not agreed to by Trinity in red ink.
The following transcript redactions have been agreed to by Trinity County: page 4598, line 13 through page 4599, line 22; page 4603, lines 9 through 18; page 4605, line 2 through page 4607, line 12; page 4611, lines 3, 4, 6, and 22; page 4612, line 8 through the sentence ending on line 25; page 4613, line 17 commencing with the word “which” through page 4614, line 20; page4615, line 6; page 4616, line 11 through the period on page 4618, line 18; page 4622, line15 through page 4624, line 6; page 4624, line 10 commencing with the word “but” through line 12; page 4633, line 7 commencing with the word “with” through line 9; page 4635, lines 1 through 15; page 4642, line 7 through page 4643, line 24; page 4645, line 14 through page 4646, line 14; page 4647, line 3 through page 4657, line 16; page 4673, lines 1 through 19; page 4674, line 13 through page 4678, line 22; page 4681, lines 7 through 18; page 4690, line 6 through the period on line 10; page 4692, line 3 through page 4693, line 17; page 4699, line 5 through page4708, line 1; page 4712, line 19 through page 4720, line 25; page 4724, lines 8 through 20; page 4728, line 11 through page 4731, line 3; and page 4734, line 25 through page 4755, line 25.
The redactions of the transcript and of Trinity County Exhibits 1A and 15 that Trinity County has agreed to are hereby approved. As redacted, Exhibits 1A and 15 are accepted in evidence, with the provision that copies of the redacted versions must be served on the parties in the hearing. The remaining issues are whether to approve the redactions requested by Westlands, the Authority, and Interior that have not been agreed to by Trinity County. To decide these issues, this ruling interprets the stipulation accepted on October 20, 1998, and determines whether or not the redactions proposed by Westlands, the Authority, and Interior that have not been accepted by Trinity are within the stipulation. The disputed portions of the transcript are at page 4616, lines 6 through 10; page 4618, line 18 through page 4619, line 8; page 4622, lines 1 through 14; page4631, line 16 through page 4632, line 8; page 4633, line 24 through page 4634, line 25; page 4640, line 18 through page 4641, line 21; page 4646, lines 15 through 25; and page 4693, line 18 through page 4699, line 4.
My ruling is that the disputed passages of testimony on pages 4616, 4618-4619, 4622, 46314632, 4633-4634, 4640-4641, 4646, and 4693-4699 all are within the scope of the stipulation and are redacted pursuant to the stipulation. All redactions shall be shown in the official transcript in strikeout type. Nothing in this ruling shall be construed as indicating whether or not the redacted testimony would have been admitted in evidence in the absence of the stipulation. Trinity County is directed to immediately send copies of the redacted versions of Trinity County Exhibits 1A and 15 to the Bay-Delta Service List.
Please note that, consistent with the discussion among the parties and the Board members at the end of Phase 5 of the hearing, the briefs for Phase 5 will be due sixty days after the date of this letter.
If you have any questions about this ruling, you may contact Barbara J. Leidigh, Senior Staff Counsel, of the SWRCB’s Office of Chief Counsel at (916) 657-2102.
Sincerely,
Signed on March 9, 1999
James M. Stubchaer
Chairman and Hearing Officer
cc: Ms. Mary Gallagher, Capitol Reporters, 2340 Harvard Street, Sacramento, CA 95815
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