Hearings Program
The West Side Irrigation District Cease and Desist Order Hearing
The State Water Resources Control Board will hold a hearing to receive evidence relevant to determining whether to adopt, with or without revision, a draft Cease and Desist Order (CDO) against the West Side Irrigation District for the alleged violations or threatened violations of Water Code section 1052. (Old River tributary to San Joaquin River in San Joaquin County).
- 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)
- 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
- Non-Parties CH2M Hill Engineers, Chandra Chilmakuri and Kyle Winslow (CHE Parties)
- Byron-Bethany Irrigation District
- 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.
- Byron-Bethany Irrigation District
- 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.
- State Water Contractors
- 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
- Byron-Bethany Irrigation District's
- 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
- Opposition to Department of Water Resources’ Motion for Protective Order; re: Paul Hutton
- Opposition to Department of Water Resources’ Motion for Protective Order; re: Paul Marshall
- Department of Water Resources
- Prosecution Team
- State Water Contractors
- Byron-Bethany Irrigation District
- March 2, 2016 - Submittals by Central Delta Water Agency, South Delta Water Agency and The West Side Irrigation District
- 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
- 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
- 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
- Motion in Limine
- Motion to Strike
- Byron-Bethany Irrigation District
- 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/delegation
- 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
- City and County of San Francisco
- Central Delta Water Agency and South Delta Water Agency
- California Department of Water Resources
- Richard Morat
- San Joaquin Tributaries Authority
- 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
- Prosecution Team
- February 18, 2015 - 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 8, 2016 - REPORTER’S TRANSCRIPT: Pre-Hearing Conference
- 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
- 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
- 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
- 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
- January 8, 2016 - NOTICE OF REVISED SCHEDULE FOR PUBLIC HEARINGS
- January 8, 2016 - Email from Prosecution Team regarding December 16, 2015 procedural ruling.
- January 8, 2016 - Parties' Letter regarding December 16, 2015 procedural ruling.
- 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:
- December 4, 2015 - Comments and Objections to the request to consolidate and reschedule hearings submitted by:
- November 30, 2015 - Hearing Team Email to parties regarding submitted Request to Consolidate Hearings.
- 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 - Submitted Response to The WSID's Motion to Continue Hearing
- November 10, 2015 - Notice of Rescheduled Public Hearing
- November 10, 2015 - Hearing Team Email to Parties (ref: Motion for Continuance of Hearing Date)
- November 9, 2015 - The West Side Irrigation District, South Delta Water Agency and Central Delta Water Agency's Motion to Continue Hearing Date:
- November 6, 2015 - Hearing Officer's Ruling addressing procedural issues.
- October 30, 2015 - Submitted Comments on Hearing Team's Request (Rescheduled Hearing - Procedural Submittal Deadlines)
- October 27, 2015 - Hearing Team Email to Parties (ref: Rescheduled Hearing - Procedural Submittal Deadlines)
- October 23, 2015 – Hearing Officer's Ruling addressing procedural issues raised by the Division of Water Rights Prosecution Team's Motion for Protective Orders and several additional procedural issues.
- October 21, 2015 – Submitted Responses to Motion for Protective Orders submitted by the Prosecution Team
- Division of Water Rights Prosecution Team
- South Delta Water Agency
- Westlands Water District
- The West Side Irrigation District, South Delta Water Agency and Central Delta Water Agency
- October 21, 2015 – Prosecution Teams Response to CDWA Request to Prosecution Team to provide an update regarding Prosecution Team Initial Disclosure to Public Records Act Request
- October 20, 2015 – CDWA Request to Prosecution Team to provide an update regarding Prosecution Team Initial Disclosure to Public Records Act Request
- October 19, 2015 – TRANSCRIPT: Prehearing Conference
- October 19, 2015 – State Water Board Email to Parties confirming submittal deadlines
- October 16, 2015 – Request Regarding Exhibit and Witness Statement Deadlines submitted by the Prosecution Team
- October 15, 2015 – Motion for Protective Orders submitted by the Prosecution Team
- October 12, 2015 – Prosecution Team Initial Disclosure to Public Records Act Request
- October 8, 2015 – Service List of Participants To Exchange Information
- October 6, 2015 – Request for Continuance of Hearing submitted by West Side Irrigation District
- October 2, 2015 – Submitted Notices of Intent to Appear
- West Side Irrigation District
- Central Delta Water Agency
- South Delta Water Agency
- Westlands Water District
- State Water Contractors
- San Joaquin Tributaries Authority
- California Department of Water Resources
- Byron Bethany Irrigation District
- City and County of San Francisco
- September 1, 2015 - Notice of Public Hearing and Pre-Hearing Conference
- August 7, 2015 – Request for Hearing - Submitted by Karna Harrigfield, Attorney, representing West Side Irrigation District
- July 16, 2015 - Enforcement Action (ENF01949) - Draft Cease and Desist Order Regarding Unauthorized Diversion or Threatened Unauthorized Diversions of Water from Old River in San Joaquin County.