Douglas and Heidi Cole and Marble Mountain Ranch - Waste and Unreasonable Use Hearing
The State Water Resources Control Board held a hearing to receive evidence relevant to the matter of the draft order finding waste, unreasonable method of use, and unreasonable method of diversion of water and ordering corrective actions that was issued against Douglas and Heidi Cole (Diverter) and Marble Mountain Ranch by the Assistant Deputy Director of the Division of Water Rights (Assistant Deputy Director).
This hearing has been transferred to the Administrative Hearing Office (AHO). Please visit the AHO website for current information regarding this hearing.
- List of Exhibits
- December 9, 2021 – Memo from Board Executive Director transferring the Marble Mountain Ranch waste and unreasonable use hearing project to the Office of Administrative Hearings
- December 9, 2021 – Memo from Division of Water Rights recommending transfer of the Marble Mountain Ranch waste and unreasonable use hearing project to the Office of Administrative Hearings
- March 25, 2019 - Updated Service List
- March 13, 2019 - Disqualification of newly designated Hearing Officer and opportunity to comment
- March 12, 2019 - Notice of new Hearing Officer
- March 29, 2018 - Closing Briefs
- March 26, 2018 - Ruling on Motion to File Joint Closing Brief
- March 22, 2018 - Karuk Tribe and Klamath Riverkeeper motion to file a joint closing brief
- February 27, 2018 - Closing Brief Deadline
- February 26, 2018 - Marble Mountain Ranch Waste and Unreasonable Use Hearing Transcripts
- Transcript - November 13, 2017
- Transcript - November 14, 2017
- Transcript - November 15, 2017
- Transcript - November 16, 2017
- November 27, 2017 - Ruling Regarding Closing Briefs
- November 22, 2017 - Prosecution Team request for permission to file oversized closing brief.
- November 19, 2017 - Request by the Prosecution Team for extension of deadline to file closing briefs
- Response from:
- November 13 - 16, 2017 - Marble Mountain Ranch Waste and Unreasonable Use Hearing Webcasts
- November 8, 2017 - Letter from the Prosecution Team regarding Marble Mountain Ranch Water Right Hearing witness scheduling requests
- November 8, 2017 - Response to requests by the Prosecution Team and California Department of Fish and Wildlife for remote witness participation: Douglas and Heidi Cole and Marble Mountain Ranch Hearing
- November 3, 2017 - Requests for remote witness participation: Douglas and Heidi Cole and Marble Mountain Ranch Hearing
- November 3, 2017 - Updated Service List
- November 1, 2017 - Letter from the Karuk Tribe requesting an addition of legal counsel
- October 31, 2017 - Cole/Marble Mountain Ranch Submittal of Supplemental Testimony of Steven Cramer
- October 31, 2017 - Douglas and Heidi Cole and Marble Mountain Ranch Waste and Unreasonable Use Hearing - Rulings on Objections and Requests
- October 25, 2017 - Prosecution Team request to submit a Supplemental Declaration of Taro Murano
- October 19, 2017 - Submittals by the Klamath Riverkeeper
- October 19, 2017 - Submittals by the Prosecution Team
- October 18, 2017 - Response to Prosecution Team's opposition to Diverter's objections to testimony submitted by the California Department of Fish and Wildlife, the Karuk Tribe, the National Marine Fisheries Service, Old Man River Trust, and Klamath Riverkeepers
- October 16, 2017 – Submittals by Cole/Marble Mountain Ranch
- Respondents' objections to testimony submitted by the State Water Resources Control Board, Division of Water Rights, Prosecution Team
- Response to Prosecution Team's objections to request for additional time for direct oral testimony and for submission of written testimony by Steven Cramer; hearsay objections to MMR-11 and MMR -12; Motion to Strike MMR -12, MMR -13, and MMR -14
- Letter from Barbara Brenner, for Cole/Marble Mountain Ranch to Hearing Officer Moore regarding Klamath Riverkeepers Inquiry
- October 16, 2017 - Prosecution Team's opposition to diverters' objections to testimony submitted by the California Department of Fish and Wildlife, the Karuk Tribe, the National Marine Fisheries Service, Old Man River Trust, and Klamath Riverkeeper
- October 13, 2017 - Inquiry by the Klamath Riverkeeper regarding hearing scheduling
- October 13. 2017 - Respondents' objections to testimony submitted by the California Department of Fish and Wildlife, the Karuk Tribe, the National Marine Fisheries Service, Old Man River Trust, and Klamath Riverkeepers
- October 9, 2017 - REVISE Karuk Tribe email regarding re-submissio of exhibits and amended Notice of Intent to Appear
- October 9, 2017 - Division of Water Rights Prosecution Team objection to Cole/Marble Mountain's request for additional time
- October 6, 2017 - Cole/Marble Mountain Ranch request for additional time for direct testimony
- October 6, 2017 - Letter from Konrad Fisher, Old Man River Trust, regarding the Marble Mountain Ranch-Cole Hearing
- October 6, 2017 - Pre-hearing briefs submitted by:
- September 30, 2017 - Notice of Rescheduled Exhibit Deadline
- September 29, 2017 - Old Man River Trust request to postpone evidentiary submission deadlines
- September 29, 2017 - Karuk Tribe request to postpone evidentiary submission deadlines
- September 22, 2017 - Denial of Cole/Marble Mountain Ranch request to reschedule the hearing for a second time
- September 14, 2017 - Cole/Marble Mountain Ranch letter (including declaration) regarding the September 13, 2017 Prosecution Team correspondence
- September 13, 2017 – Prosecution Team letter (including declaration and exhibits) in opposition to the September 12, 2017 Cole/Marble Mountain Ranch request to postpone the hearing
- September 12, 2017 – Cole/Marble Mountain Ranch letter requesting that the hearing be rescheduled
- August 16, 2017 - Notice of Rescheduled Public Hearing
- July 27, 2017 - Marble Mountain Ranch/Cole letter in response to Notice of Postponement of Public Hearing
- July 19, 2017 - Old Man River Trust letter in support of limited postponement of hearing and evidentiary submission deadlines
- July 19, 2017 - Klamath Riverkeeper letter in support of limited postponement of hearing and evidentiary submission deadlines
- July 19, 2017 - Notice of Postponement of Public Hearing
- July 14, 2017 - Service List of Participants
- July 12, 2017 - Cole/Marble Mountain Ranch letter regarding the July 11, 2017 Prosecution Team correspondence
- July 11, 2017 - Prosecution Team letter regarding the July 11, 2017 Cole/Marble Mountain Ranch request to postpone the hearing and the NOIs
- July 11, 2017 - Douglas and Heidi Cole and Marble Mountain Ranch (Cole/Marble Mountain Ranch) letter requesting that the hearing be rescheduled
- July 6, 2017 - Submitted Notices of Intent to Appear (NOI)
- California Department of Fish and Wildlife
- California Sportfishing Protection Alliance
- Division of Water Rights Prosecution Team
- Douglas and Heidi Cole, Marble Mountain Ranch
- Karuk Tribe
- Klamath Riverkeeper
- National Marine Fisheries Service
- Old Man River Trust
- Pacific Coast Federation of Fishermen's Associations and Institute for Fisheries Resources
- July 5, 2017 - Submitted Policy Statement
- June 9, 2017 - Notice of Public Hearing
- April 20, 2017 - Assistant Deputy Director Division of Water Rights response to the February 8, 2017 letter from Douglas Cole et al. regarding a proposed time schedule for projects and Marble Mountain Ranch
- August 30, 2016 - Assistant Deputy Director Division of Water Rights request to Executive Director State Water Board Executive Director: Corrective Actions Necessary to correct alleged waste and unreasonable use of water by Douglas and Heidi Cole and Marble Mountain Ranch from Stanshaw Creek in Siskiyou County
- Draft Order Finding Waste, Unreasonable Method of Use, and Unreasonable Method of Diversion of Water and Ordering Corrective Actions (08/30/16)
- August 30, 2016 - Assistant Deputy Director Division of Water Rights request to Douglas Cole etal: Assistant Deputy Director Division of Water Rights request to Douglas Cole etal: Corrective Actions Necessary to correct alleged waste and unreasonable use of water by Douglas and Heidi Cole and Marble Mountain Ranch from Stanshaw Creek in Siskiyou County
- Draft Order Finding Waste, Unreasonable Method of Use, and Unreasonable Method of Diversion of Water and Ordering Corrective Actions (08/30/16)
- Division of Water Rights Report of Inspection (01/13/15)
- North Coast Water Quality Control Board Notice of Violation (12/03/15)
- Cover Letter (08/04/16) for North Coast Water Quality Control Board Cleanup and Abatement Order No. Ri-2016-0031
- North Coast Water Quality Control Board Report of Inspection (03/09/15)
- National Marine Fisheries Service Recommended Bypass Flows (08/03/16)
- February 12, 2016 - Office of Enforcement Letter to Douglas Cole etal: Marble Mountain Ranch/Stanshaw Creek Wter Right Division and North Coast Regional Water Board Inspection Reports and Notice of Violation
