This just in … San Luis Delta Mendota Water Authority files motion to disqualify Felicia Marcus and Tam Doduc from Cal Water Fix proceedings

This just inThe San Luis-Delta Mendota Water Authority has filed a motion to disqualify Felicia Marcus and Tam Doduc from the upcoming Cal Water Fix proceedings on the grounds that they have predetermined a critical issue that will be before them in the Cal Water Fix proceeding.

The motion cites a ruling from the pre-hearing conference:

“In a formal order issued on February 11, 2016, before hearing any evidence on the merits, the Hearing Officers revealed that they have already reached a significant conclusion regarding appropriate Delta flow criteria. In their order, the Hearing Officers conclude: “The appropriate Delta flow criteria will be more stringent than petitioners’ current obligations and may well be more stringent than petitioners’ preferred project.” Hearing Officers’ Ruling on Pre-Hearing Conference Procedural Issues (“February Order”), p 4. The Hearing Officers did not qualify or caveat their conclusion in any way. The February Order reveals they have already decided to impose “more stringent” flow criteria. … “

The motion cites several other groups who have requested the ruling be revised.

Read the full motion here:  Amended Motion for Disqualification of Hearing Officers



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One Response

  1. Jim Peddy

    It’s Orwellian that Delta Mendota/Westland Water Agency’s are litigating to disqualify individuals for predetermaning a criteria of allowable export flows. The eight year, $240 million, effort to develop a project description for an alternative conveyance around the Delta and prepare an EIR to obtain permits. The effort was required to be only for one alternative—the two tunnel option. Staff was constantly reminded to never say anything that appeared “predetermine”. We had seven alternatives but we’re told to only work on the preferred alternative. That has led to plan A and no analysis of alternatives.


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