El Sur Ranch (Ranch) - Big Sur River in Monterey County

The State Water Board held a hearing to receive evidence to be considered in determining whether it should conditionally approve Application 30166 submitted by James J. Hill III for El Sur Ranch (Ranch) - Big Sur River in Monterey County.

This hearing has been transferred to the Administrative Hearing Office (AHO). Please visit the AHO website for current information regarding this hearing.

• December 9, 2021 – Memo from SWRCB Executive Director transferring Hearing to Office of Administrative Hearings
• December 9, 2021 – Memo from Division of Water Rights recommending transfer of Hearing to Office of Administrative Hearings
• March 9, 2021 - Hearing Officer Doduc granting a one-time extension to the deadline to respond to the December 9, 2020 procedural ruling letter until noon, April 9, 2021.
• March 9, 2021- El Sur Ranch 30-day extension request of March 10, 2021 deadline to respond to the December 9, 2020 procedural ruling letter.
• March 9, 2021 – Trout Unlimited - support for El Sur Ranch’s request.
• March 9, 2021 – California Sportfishing Protection Association – support for El Sur Ranch’s request.
• March 9, 2021 – California Department of Fish and Wildlife - support for El Sur Ranch’s request.
• December 9, 2020 - Procedural Ruling Letter on the Schedule for Further Proceedings
• July 17, 2020 - California Department of Fish and Wildlife’s comments on El Sur Ranch’s Proposed Schedule and Interim Plan of Operation related to Water Right Application 30166
• July 17, 2020 - Center for Biological Diversity, California Sportfishing Protection Alliance, and Ventana Wilderness Alliance response to Ruling Letter on the Applicability of Water Code Section 1004 and Procedural Directive to the Applicant
• June 16, 2020 - El Sur Ranch provided a response to the April 15, 2020 Ruling Letter on the Applicability of Water Code Section 1004 and Procedural Directive to the Applicant
• April 15, 2020 - Ruling Letter on the Application of Water Code Section 1004 and Procedural Directive to the Applicant.
• April 26, 2019 - Email regarding repercussions of not participating in the Hearing Management Plan Conference
• April 24, 2019 - Final agenda for the April 30, 2019 Hearing Management Plan Conference submitted by California Department of Fish and Wildlife
• April 15, 2019 - Joint Hearing Management Conference Statement and Hearing Management Plan submitted by El Sur Ranch and California Department of Fish and Wildlife
• April 8, 2019 – Email to hearing parties with details about the April 30, 2019 Hearing Management Plan Conference
• March 28, 2019 – Letter to El Sur Ranch and California Department of Fish and Wildlife regarding a status update and a hearing management conference on April 30, 2019
• March 28, 2019 – Service List dated March 28, 2019 corrected for typographical errors
• March 19, 2019 - Email to hearing parties transmitting Service List updated March 19, 2019
• March 14, 2019 - Update from El Sur Ranch and California Department of Fish and Wildlife regarding outreach to the other hearing parties
• February 28, 2019 – Email to hearing parties transmitting Service List updated February 27, 2019
• February 26, 2019 – Response from Tom Berliner, El Sur Ranch
• February 26, 2019 – Email to El Sur Ranch and California Department of Fish and Wildlife regarding meeting with the other hearing parties and submission of an update
• February 5, 2019 - Response by Tom Berliner, El Sur Ranch to Brian LeNeve
• February 5, 2019 - Email from Brian LeNeve, Carmel River Steelhead Association regarding settlement discussions
• January 31, 2019 - Response to December 20, 2018 letter submitted by El Sur Ranch and California Department of Fish and Wildlife
• December 20, 2018 - Email transmitting letter from Hearing Officer to El Sur Ranch and the California Department of Fish and Wildlife directing them to submit a Hearing Management Plan by January 31, 2019.
• December 7, 2017 - Email to El Sur Ranch and California Department of Fish and Wildlife requesting an update on the status of settlement negotiations
  • Response submitted by:
    • El Sur Ranch
    • California Department of Fish and Wildlife
• June 28, 2017 - Email transmitting letter to the Service List regarding the June 20, 2017 request by El Sur Ranch to continue to hold the proceeding in abeyance
• June 21, 2017 - Letter from California Department of Fish and Wildlife regarding the status of negotiations with El Sur Ranch
• June 21, 2017 - Department of Fish and Wildlife's Instream Flow Recommendations for the Big Sur River
• June 20, 2017 - Letter from El Sur Ranch regarding the status of negotiations with California Department of Fish and Wildlife
• May 11, 2017 - Update from the Department of Fish and Wildlife regarding the timing of transmittal of the instream flow recommendation for the Big Sur River
• April 6, 2017 - Email transmitting letter to El Sur Ranch and California Department of Fish and Wildlife regarding a request for abeyance until May 15, 2017, and a status update on the final instream flow requirements for the Big Sur River
  • Response submitted by:
    • California Department of Fish and Wildlife
• April 3, 2017 - Response from the California Department of Fish and Wildlife regarding the request by El Sur Ranch for additional time to continue settlement negotiations.
• March 23, 2017 - Request by El Sur Ranch for an additional 45 days, until May 15th, 2017, to allow for completion of settlement negotiations with California Department of Fish and Wildlife
• Submitted responses to February 1, 2017 letter:
  • El Sur Ranch
  • Department of Fish and Wildlife
• February 1, 2017 - Letter regarding continued abeyance of any further actions regarding water right Application 30166 of El Sur Ranch
• Submitted responses to December 16, 2016 letter:
  • El Sur Ranch
  • Department of Fish and Wildlife
• December 16, 2016 - Letter to El Sur Ranch and California Department of Fish and Wildlife requesting the status of the final flow recommendations and the settlement negotiations
• August 24, 2016 - Letter from the hearing officer regarding the request of the California Department of Fish and Wildlife and El Sur Ranch that the State Water Resources Control Board hold in abeyance any further action on water right Application 30166
• June 22, 2016 - Response letter from California Department of Fish and Wildlife and El Sur Ranch to the hearing officer’s information request dated June 10, 2016
• June 22, 2016 - Email and letter from California Department of Fish and Wildlife in response to the hearing officer's information request dated June 10, 2016
• June 22, 2016 - Updated Service List
• June 10, 2016 - Letter from the hearing officer regarding the May 20, 2016 request from El Sur Ranch and the Department of Fish and Wildlife
• June 10, 2016 - Service List and updated Interested Parties List
• June 6, 2016 - Updated Service List
• May 20, 2016 - Letter from Tom Berliner and Kevin Takei regarding the ongoing negotiations between El Sur Ranch and the Department of Fish and Wildlife

• Closing Briefs
  • El Sur Ranch Errata
  • El Sur Ranch
  • California Sportfishing Protection Alliance/Center for Biological Diversity/Ventana Wilderness Alliance
  • Carmel River Steelhead Association
  • Department of Fish and Game
  • Trout Unlimited
• Reporters Transcripts  »»  6/16/11  |  6/17/11  |  7/8/11  |  7/11/11
• July 8, 2011 - Notice of Continuation of Public Hearing
• June 21, 2011- Ruling on hearing participation of Lorri Lockwood and Werner Motzel
  • Lorri Lockwood  |  Werner Motzel
• Submitted Policy Statements
  • Big Sur River Inn
  • Big Sur Volunteer Fire Brigade
  • Cal Fire
  • Central Coast Lighthouse Keepers
  • Clear Ridge Mutual Water Association
  • Coast Property Owners Association
  • Department of Fish and Game
  • Department of Parks and Recreation
  • Jim Cunningham
  • Kirk Gafill
  • National Marine Fisheries Service
  • Ventana Wildlife Society
  • Werner Motzel
• List of Exhibits
• May 20, 2011 - Applicant’s Notice of Cancellation of Deposition of Donald Alley and David Dettman
• May 19, 2011 - Hearing Officer's ruling on Deaprtment of Fish and Game's Motion to quash Applicant's Notices of Deposition
• May 18, 2011 - Applicant’s opposition to the Department of Fish and Game’s Motion to Quash and and Protective Order and non-opposition to Ex Parte Application for an Order Shortening Time and Declaration of Danielle Teeters supporting the opposition.
• May 17, 2011 - Applicant’s Notices of Deposition of Donald W. Alley and David H. Dettman
• May 13, 2011 - Department of Fish and Game Motion to Quash Notices of Depositions of Kit Custis, Deborah Hillyard and Rob Titus and Ex Parte Application for Order Shortening Time for Notice and Service of Motion to Quash Notices of Deposition
• May 11, 2011 - Applicant’s Notices of Deposition of Kit Custis, Debra Hillyard, and Robert G. Titus
• March 30, 2011 - Hearing Officer’s ruling on the Applicant’s request for reconsideration for additional time
• March 22, 2011 - Applicant’s request for reconsideration of denial of motion for additional time
• March 3, 2011 - Hearing Officer’s ruling on the Applicant’s request for additional time and for a pre-hearing conference
• March 1, 2011 - Service List of Participants (with copies of NOI’s)
• February 24, 2011 - Applicant’s Request for Expanded Allotment of Time to Present Case-in-Chief and Request for Pre-Hearing Conference
• January 12, 2011 - Notice of Rescheduled Public Hearing
• December 20, 2010 - Notice of Public Hearing

As the state lead agency under the California Environmental Quality Act (CEQA), the State Water Resources Control Board, Division of Water Rights will direct the preparation of a Draft Environmental Impact Report (DEIR) that will review the environmental effects associated with the issuance of a water right permit pursuant to water right Application 30166 seeking an appropriation of water from the Big Sur River subterranean stream to the El Sur Ranch.

• May 18, 2011 - Final Environmental Impact Report on the El Sur Ranch Water Right Application 30166
  • Appendix 1 - Department of Fish and Game letter
  • Appendix 2 - Department of Fish and Game evaluation of Alternative 5
  • Appendix 3 - Department of Fish and Game letter attachments
  • Appendix 4 - Letter from J. Goldsmith
  • Appendix 5 - Letter from M.A. Blum
  • Appendix 6 - Letter from J. Goldsmith
  • Appendix 7 - Letter from M.A. Blum
  • Appendix 8 - Amendments to Application 30166
  • Appendix 9 - NRCE Erosion Report
  • Appendix 10 - Groundwater Contour Maps
• Submitted Comments on the DEIR
  • Applicant - El Sur Ranch
  • Carmel River Steelhead Association (CRSA)
  • California Coastal Commission
  • California Department of Fish and Game
    • Attachments: 1 | 2 | 3 | 3a | 4 | 5 | 6 | 7 | 7a | 8 | 9 | 10 | 11
  • California Department of Parks and Recreation
  • Hank Smith
  • Helping Our Peninsula's Environment
  • Lori Lockwood
  • Monterey Coast Keepers
  • Native Plant Society
  • NOAA - National Marine Fisheries
  • Center for Biological Diversity (CBD), Ventana Wilderness Alliance, Los Padres Forest Watch, the Ventana Chapter of the Sierra Club, Friends of the River, and the California Sportfishing Protection Alliance
    • Attachments: 1 | 2 | 3 | 4
• October 15, 2009 - Deadline extension for comments on the Draft EIR
• October 12, 2009 - Notice of Availability: DEIR on the El Sur Ranch Water Right Application 30166
• October 8, 2009 - Draft Environmental Impact Report [14.7MB] for El Sur Ranch Water Right Application 30166
  • Appendices: A | B | C | D | E | F | G
• June 2006, Notice of Preparation and Initial Study for the El Sur Ranch Water Right Application No. 30166, Monterey, California