Hearings Program

BYRON-BETHANY IRRIGATION DISTRICT: ACL HEARING

The State Water Resources Control Board will hold a hearing to receive evidence relevant to determining whether to impose administrative civil liability for unauthorized diversion of water against the Bryon-Bethany Irrigation District (BBID) (Intake Channel to the Banks Pumping Plant (formerly Italian Slough) Contra Costa County

• List of Exhibits

• June 15, 2016 - Cover Letter for State Water Board Order WR 2016-0015: Dismissing the Administrative Civil Liability Complaint Against Byron-Bethany Irrigation District and Dismissing the Draft Cease and Desist Order Against The West Side Irrigation District
• June 10, 2016 - Frequently Asked Questions (FAQ) - Order Dismissing Pending Water Right Enforcement Actions Against Two Irrigation Districts
• June 7, 2016 - Press Release: State Water Board Dismisses Enforcement Actions Against Byron-Bethany and The West Side Irrigation Districts (06/07/16)
• June 3, 2016 - Submitted comments on the May 26, 2016 Draft Order
  • Byron-Bethany Irrigation District
  • California Department of Water Resources
  • City and County of San Francisco
  • Northern California Water Association
  • Prosecution Team
  • Public Trust Alliance
  • San Joaquin Tributaries Authority
  • The West Side Irrigation District, Central Delta Water Agency, South Delta Water Agency, Patterson Irrigation District, and Banta-Carbona Irrigation District
• May 26, 2016 - Cover Letter and for Draft Order: Dismissing the Administrative Civil Liability Complaint Against Byron-Bethany Irrigation District and Dismissing the Draft Cease and Desist Order Against The West Side Irrigation District (See FACT SHEET)
• May 26, 2016 - Hearing Team Email to parties providing Revised Service List
• May 25, 2016 - BBID request to update service list.
• April 27, 2016 - BBID's OBJECTION to the close of the evidentiary record in Enforcement Action ENF01951 (ENF01951) without dismissing the Administrative Civil Liability (ACL) Complaint in ENF01951
• April 22, 2016 - Reporter's Transcripts: [March 21, 2016]  [March 22, 2016]  [March 23, 2016]
• April 20, 2016 - Procedural Ruling: CLOSING OF THE EVIDENTIARY RECORDS
• March 25, 2016 - Procedural Ruling: SUSPENSION OF HEARINGS AND VACATING OF FUTURE HEARING DATES.
• March 23, 2016 - Prosecution Team's Opposition to Motion for Non-Suit
• March 23, 2016 - Power Point Presentation: Oral Argument of BBID, WSID, SJTA, CDWA, SDWA Oral Argument for Motions for Non-Suit/Dismissal
• March 18, 2016 - Procedural Ruling on Motions filed in the matter the ACL Complaint against BBID and Draft CDO against the WSID.
• March 17, 2016 - BBID Letter to Hearing Officers concerning due process violations
• March 14, 2016 - Submittal by Parties
  • Non-Parties CH2M Hill Engineers, Chandra Chilmakuri and Kyle Winslow (CHE Parties)
    • Further response to BBID's opposition to SWC motion to quash the subpoena served by BBID upon SWC ("SWC Subpoena") or, alternatively, motion for protective order ("March 11 Filing")
• March 11, 2016 - Submittal by Parties
  • Byron-Bethany Irrigation District
    • Notice of Withdrawal of BBID's Opposition to SWC's Motion to Quash subpoena duces tecum, or, in the alternative, Motion for Protective Order; Request to Close Discovery
    • Opposition to SWC's Motion to Quash subpeana duces tecum, or, in the alternative, Motion for Protective Order and Request to Close Discovery
    • Declaration of Theresa C. Barfield in Support of BBID's Opposition to SWC Motion to Quash subpoena duces tecum, or, in the alternative, Motion for Protective Order; Request to Close Discovery
  • State Water Contractors
    • Response to BBID's non-responsive opposition to motion to quash subpoena duces tecum
  • Non-Parties CH2M Hill Engineers, Chandra Chilmakuri and Kyle Winslow (CHE Parties)
    • Response to the pleading submitted by BBID entitled "Opposition" to State Water Contractors' ("SWC") motion to quash the subpoena served by BBID upon CH2M Hill or, alternatively, motion for protective order (""March 10 Filing")
• March 10, 2016 - Submittals by Parties
  • Byron-Bethany Irrigation District
    • Opposition to SWC Motion to Quash subpoena duces tecum, or, in the alternative, Motion for Protective Order; Request to Close Discovery.
    • Declaration of Theresa C. Barfield in Support of Opposition to SWC Motion to Quash subpoena duces tecum, or, in the alternative, Motion for Protective Order; Request to Close Discovery.

• March 9, 2016 - Submittals by Parties
  • State Water Contractors
    • Motion to Quash subpoena duces tecum, or, in the alternative, Motion for Protective Order; Request to Close Discovery
    • Declaration of Stepanie D. Morris in Support of Motion to Quash subpoena duces tecum, or, in the alternative, Motion for Protective Order; Request to Close Discovery.
    • Declaration of Jolie-Anne Ansley in Support of Motion to Quash subpoena duces tecum, or, in the alternative, Motion for Protective Order; Request to Close Discovery.
• March 9, 2016 - PROCEDURAL RULING: Ruling on Motions filed in the matters of ACL Complaint against BBID and Draft CDO against the WSID
• March 8, 2016 - Submittals by Parties
  • Byron-Bethany Irrigation District's
    • Opposition to: (1) State Water Contractors' Motion To Quash Subpoenas Duces Tecum To Chandra Chilmakuri And Kyle Winslow, Or, In The Alternative, Motion For Protective Order, And (2) Non-Parties Ch2m Hill Engineers, Inc., Chandra Chilmakuri And Kyle Winslow's Motion To Quash Subpeonas Duces Tecum To Ch2m Hill, Chandra Chilmakuri And Kyle Winslow Or, Alternatively, Motion For A Protective Order
    • Declaration of Michael E. Vergara in Support of BBID's Consolidated Opposition
• March 4, 2016 - Email to Parties regarding the Hearing Officers' deadline of March 8, 2016 for submittal of response to the State Water Contractors' Motion to Quash Subpoenas Duces Tecum to Chandra Chilmakuri And Kyle Winslow, Or, In The Alternative, Motion For Protective Order
• March 4, 2016 - Submittals by Parties:
  • Byron-Bethany Irrigation District
    • Opposition to State Water Contractor's Motion to Strike Testimony of Rick Gilmore and Motion to Exclude Irrelevant Evidence
      • Declaration in support by Michael E. Vergara
    • Opposition to Department of Water Resources’ Motion for Protective Order; re: Paul Hutton
      • Declaration in support by Michael E. Vergara
    • Opposition to Department of Water Resources’ Motion for Protective Order; re: Paul Marshall
      • Declaration in support by Michael E. Vergara
  • Department of Water Resources
    • Opposition to Motions in Limine
      • Declaration in support by Robin McGinnis
  • Prosecution Team
    • Response to San Joaquin Tributaries Authority January 25, 2016 brief
    • Opposition to Motions in Limine
  • State Water Contractors
    • Response to Motions in Limine to exclude testimony of Paul Hutton
      • Declaration in support by Stephanie D. Morris
• March 2, 2016 - Submittals by Central Delta Water Agency, South Delta Water Agency and The West Side Irrigation District
  • Opposition to State Water Contractors' Motion for Protective Order re: Deposition of Paul Hutton; Supporting Declaration of Jennifer L. Spaletta
  • Opposition to Department of Water Resources Motion for Protective Order re Deposition of Paul Marshall; Supporting Declaration of Jennifer L. Spaletta
• March 2, 2016 - Submittals by State Water Contractors
  • Objection to Byron-Bethany Irrigation District’s Notice of Taking Deposition of Paul Hutton and Request For Production of Documents
  • Objection to South Delta Water Agency's and Central Delta Water Agency's Notice Of Taking Deposition Of Expert Witness Paul Hutton With Requests For Production of Documents
  • State Water Contractors' Motion to Quash Subpoenas Duces Tecum to Chandra Chilmakuri Andy Kyle Winslow, Or, In The Alternative, Motion For Protective Order
    • Declaration in support by Stefanie D. Morris
    • Declaration in support by Jolie-Anne S. Ansley
• March 1, 2016 - Email from Hearing Team regarding the March 4, 2016 deadline to respond to the motions for protective order filed by the State Water Contractors and the Department of Water Resources
• February 29, 2016 - Submittals by Parties:
  • Motion in Limine
    • Byron-Bethany Irrigation District and South Delta Water Agency
      • Declaration in Support by Michael E. Vergara
    • Central Delta Water Agency and Banta-Carbona Irrigation District
    • San Joaquin Tributaries Authority
    • State Water Contractors -Motion to Strike Consolidated with Motion in Limine
    • The West Side Irrigation District and Patterson Irrigation District
  • Motion for Protective Order - Department of Water Resources
• Declaration in Support by Robin McGinnis
• Motion to Strike
• Byron-Bethany Irrigation District
  
  • Declaration in Support by Michael E. Vergara
• State Water Contractors - Motion to Strike Consolidated with Motion in Limine
• Written Opening Statement
• Byron-Bethany Irrigation District
• Banta-Carbona Irrigation District and Patterson Irrigation District
• Central Delta Water Agency and South Delta Water Agency
• Department of Water Resources
• Patterson Irrigation District and Banta-Carbona Irrigation District
• Prosecution Team
• Richard Morat
• San Joaquin Tributaries Authority
• The West Side Irrigation District
• Westlands Water District
• February 26, 2016 - State Water Contractor's Motion for Protective Order to the Notices of Deposition of Paul Hutton
• February 24, 2016 - Email to BBID and WSID Hearing Parties - clarification of opening statements
• February 22, 2016 - Submittals by Parties:
  • Prosecution Team
    • Prosecution Team’s Motion to Strike San Joaquin Tributaries Authority pre-hearing brief as non-responsive
    • Prosecution Team’s Opposition to Byron-Bethany Irrigation District’s motion to dismiss and disqualify hearing officer
    • Declaration of Michael George in support of Prosecution Team’s opposition to BBID’s motion to dismiss/delegatio
    • Declaration of Andrew Tauriainen in support of PT’s opposition motion to dismiss/summary judgment
    • Prosecution Team’s Opposition to the WSID’s motion for summary judgment, or in the alternative, summary adjudication and motions to dismiss
    • Prosecution Team’s Response to the WSID’s separate statement of facts in support of its motion for summary judgment
    • Prosecution Team’s Response to pre-hearing briefs of legal issue
  • Byron Bethany Irrigation District
    • Byron-Bethany Irrigation District’s Opposition to Prosecution Team’s pre-hearing brief of legal issues
  • City and County of San Francisco
    • City and County of San Francisco’s Pre-Hearing Brief in response to Prosecution Team’s pre-hearing Brief of legal issues, and Byron-Bethany Irrigation District’s motion to dismiss
    • Declaration of Jonathan P. Knapp in support of CCSF pre-hearing brief
  • Central Delta Water Agency and South Delta Water Agency
    • Central Delta Water Agency and South Delta Water Agency response to Prosecution Team’s legal issues brief; Joinder of the West Side Irrigation District, Banta-Carbona Irrigation District, Patterson Irrigation District.
  • California Department of Water Resources
    • California Department of Water Resources Reply Brief
  • Richard Morat
    • Richard Morat email requesting verification of presentation scheduling
    • Hearing Team Email providing verification
  • San Joaquin Tributaries Authority
    • San Joaquin Tributaries Authority’s Motion in Support of the BBID’s and WSID’s motions to dismiss
    • San Joaquin Tributaries Authority’s response to Prosecution Team’s legal brief
    • State Water Contractor’s Motion to Strike testimony of Rick Gilmore
  • State Water Contractors
    • State Water Contractors Consolidated Response to parties’ legal briefs and Opposition to the WSID’s motion for summary judgment or in the alternative summary adjudication
    • State Water Contractors' Request for Official Notice of publications of the California Department of Water Resources
    • State Water Contractors’ Response to WSID’s separate statement of undisputed facts in support of its motion for summary judgment
  • Westlands Water District
    • Westlands Water District’s OPPOSITION TO MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION
    • Westlands Water District’s OPPOSITION TO WSID'S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT

• February 18, 2016 - Procedural Ruling: Addressing procedural issues raised during the State Water Board's February 8, 2016, 2nd Pre-Hearing Conference and several additional procedural issues.
• February 11, 2016 - Response to February 5, 2016 Subpoenas Duces Tecum issued by Byron-Bethany Irrigation District to Michael Lauffer and Custodian Of Records
• February 11, 2016 - Prosecution Team response to Byron-Bethany Irrigation District Subpoena Duces Tecum dated February 5, 2016
• February 4, 2016 - Email from The West Side Irrigation District regarding the Prosecution Team's objection to the addition of Jack Alvarez as a witness
• February 4, 2016 - The West Side Irrigation District - Revised Exhibit Identification Exhibits and two additional exhibits in accordance with the February 1, 2016 Procedural Ruling
• February 3, 2016 - Response submitted by the Prosecution Team
• February 3, 2016 - Email from Prosecution Team extending the deadline for response to the Subpoena duces tecum
• February 3, 2016 - Submitted responses to February 1, 2016 Procedural Ruling
• Bryon-Bethany Irrigation District
• The West Side Irrigation District
• February 1, 2016 - Procedural Ruling: Addressing matters raised by the Division of Water Rights Prosecution Team (Prosecution Team) regarding electronic service by way of online storage; The West Side Irrigation District’s (WSID) amended Notice of Intent to Appear; the motions filed by Byron-Bethany Irrigation District (BBID) and WSID on January 25, 2016; and other related matter.
  
• January 28, 2016 - Letter to Prosecution Team from The West Side Irrigation District regarding stipulations
• January 27, 2016 - Byron-Bethany Irrigation District's response to the Prosecution Team's January 26, 2016 email in which the Prosecution Team reiterates its objections to the motions filed by Byron-Bethany Irrigation District on January 25, 2016
• January 26, 2016 - The West Side Irrigation District's Response to the Prosecution Team
• January 26, 2016 - Prosecution Team Requests an Expedited Hearing Officer Ruling
• January 25, 2016 - Email from Prosecution Team regarding The West Side Irrigation District's briefings
• January 25, 2016 - Prosecution Team Requests a Reply from The West Side Irrigation District regarding Subpoena
• January 25, 2016 - Email from Prosecution Team regarding Delegation Authority
• January 25, 2016 - Prosecution Team Response to Byron-Bethany Irrigation District
• January 25, 2016 - Prosecution Team Requests Clarification Regarding Method of Service and Length of Motions
• Response by Byron-Bethany Irrigation District
• January 25, 2016 - Submitted Pre-Hearing Briefing of Legal Issue:
• Byron-Bethany Irrigation District
• Central Delta Agency and South Delta Water Agency
• City and County of San Francisco
• Prosecution Team
• San Joaquin Tributaries Authority
• The West Side Irrigation District
• January 23, 2016 - Prosecution Team’s objection to The West Side Irrigation District’s Amended NOI
• January 19, 2016 - Submitted Amended Notice of Intent to Appear
• Department of Water Resources
• San Joaquin Tributaries Authority
• The West Side Irrigation District
• January 14, 2016 - Clarifications-Byron-Bethany Irrigation District and The West Side Irrigation District Hearings
• January 11, 2016 - Email to BBID and WSID Hearing Parties regarding January 19, 2016 submittals
• Central Delta Water Agency
• Prosecution Team
• Byron-Bethany Irrigation District
• January 8, 2016 - NOTICE OF REVISED SCHEDULE FOR PUBLIC HEARINGS
• January 6, 2016 - Email to BBID and WSID Hearing Parties regarding hearing briefing page limitations
• December 16, 2015 - Procedural Ruling: Request to Consolidate The West Side Irrigation District and Byron-Bethany Irrigation District hearings and Motion for Continuance of the West Side Irrigation District hearing.
  • Responses from:
    • Joint response by Hearing Participants
    • Prosecution Team
• December 4, 2015 - Comments and Objections to the request to consolidate and reschedule hearings submitted by:
  • Division of Water Rights Prosecution Team
  • Byron-Bethany Irrigation District
  • The West Side Irrigation District and Central Delta Water Agency
  • South Delta Water Agency
  • Westlands Water District
  • Richard Morat
• November 30, 2015 - Hearing Team Email to Parties Regarding Submitted Request to Consolidate Hearings
• November 25, 2015 - Hearing Officer Tam Doduc's Ruling on Motion by Byron-Bethany Irrigation District to Quash the Prosecution Team's Subpoena Duces Tecum, or Alternatively, Motion for Protective Order to Limit the Scope of Further Discovery
• November 23, 2015 - Request to Consolidate Hearings
  • Parties Joint Request submitted by: The West Side Irrigation District, Byron-Bethany Irrigation District, San Joaquin Tributaries Authority, City and County of San Francisco, South Delta Water Agency, Central Delta Water Agency, and Westlands Water District
  • Division of Water Rights Prosecution Team Response to Joint Request
  • Byron Bethany Irrigation District Response to Prosecution Team's Response
  • State Water Contractors Reply to Parties Joint Request
  • Department of Water Resources Reply to Parties Joint Request
• November 16, 2015 - Prosecution Team's Opposition to Byron-Bethany Irrigation District's Motion to Quash Subpoena, or Alternatively, Motion for Protective Order
• November 9, 2015 - Byron-Bethany Irrigation District's Motion to Quash or Subpoena or Alternatively Motion for Protective Order
  Declaration of Michael E. Vergara in Support of Motion
  
• November 2, 2015 - September 25, 2015 Pre-Hearing Conference Transcript
• October 30, 2015 - Byron - Bethany Irrigation District's Meet and Confer re: Subpoena Duces Tecum
• October 30, 2015 - Hearing Officer Tam Doduc's Ruling on Motion for Protective Order and Other Procedural Issues
• October 29, 2015 - Subpoena Duces Tecum issued by the Prosecution Team to Byron-Bethany Irrigation District
• October 22, 2015 - Revised Notices of Intent to Appear Witness lists
  • Byron-Bethany Irrigation District
  • Central Delta Water Agency
• October 22, 2015 - Pre-Hearing Briefing on Legal Issues
  • Division of Water Rights Prosecution Team
  • Byron-Bethany Irrigation District
  • Letter regarding requests made by Prosecution Team and Department of Water Resources
  • City and County of San Francisco
  • Department of Water Resources
  • The West Side Irrigation District, South Delta Water Agency and Central Delta Water Agency
• October 21, 2015 - Submitted Responses to Motion for Protective Orders submitted by the Prosecution Team
  • Division of Water Rights Prosecution Team
  • Byron Bethany Irrigation District
  • Declaration of Daniel Kelly in Support of Opposition to Prosecution Team’s Motion for Protective Orders
  • South Delta Water Agency
  • The West Side Irrigation District, South Delta Water Agency and Central Delta Water Agency
• October 20, 2015 – Revised Notice Of Public Hearing And Pre-Hearing Conference
• October 15, 2015 – Prosecution Team's Motion for Protective Orders, Declaration in Support, and accompanying attachments
• October 12, 2015 – Memorandum from Prosecution Team regarding the Availability of Records Responsive to the Public Records Acts Requests Submitted by Byron-Bethany Irrigation District and The West Side Irrigation District
• October 5, 2015 – The West Side Irrigation District's request to submit an amended Notice of Intent to Appear
• October 2, 2015 – Email to Parties from Hearing Officer Tam Doduc regarding the Pre-Hearing Conference
• September 24, 2015 – Email from Prosecution Team regarding the attached Pre-Hearing Conference Statement from The West Side Irrigation District
• September 24, 2015 – Santa Clara County Superior Court Order – California Water Curtailment Cases
• Submitted Comments to the September 11, 2015 letter from Hearing Officer Tam Doduc
• September 23, 2015 – Division of Water Rights Prosecution Team
• September 23, 2015 – Byron-Bethany Irrigation District
• September 23, 2015 – California Department of Water Resources
• September 22, 2015 – The West Side Irrigation District
• September 21, 2015 – City and County of San Francisco
• September 21, 2015 – Hearing Officer Tam Doduc's Response to September 18, 2015 letter from Michael Vergara, Esq.
• September 18, 2015 – Letter from Michael Vergara, Esq., General Counsel for Byron-Bethany Irrigation District regarding the Pre-Hearing Conference
• September 11, 2015 – Email to Parties from Hearing Officer Tam Doduc Regarding the Pre-Hearing Conference
• September 2, 2015 – Service List of Participants
• September 2, 2015 – Submitted Notices of Intent to Appear
• Bryon-Bethany Irrigation District
• Division of Water Rights Prosecution Team
• City and County of San Francisco
• Central Delta Water Agency (CDWA)
• Richard Morat(1)
• Richard Morat(2)
• South Delta Water Agency (SDWA)
  • Updated Notice of Intent to Appear
• State Water Contractors
• The West Side Irrigation District
• Patterson Irrigation District
• Banta-Carbona Irrigation District
• San Joaquin Tributaries Authority
• California Department of Water Resources
• August 19, 2015 - NOTICE OF PUBLIC HEARING
• August 6, 2015 - REQUEST FOR HEARING - Submitted by Daniel Kelly, Attorney, representing Byron-Bethany Irrigation District
• July 20, 2015 - ENFORCEMENT ACTION (ENF 01951) - Administrative Civil Liability Complaint Regarding Unauthorized Diversion Of Water From The Intake Channel To The Banks Pumping Plant (Formerly Italian Slough) In Contra Costa County