The Department of Water Resources has filed its response to the City of Antioch’s motion to delay part 2 of the Cal Water Fix hearing, along with all the joinders including Local Agencies of the North Delta (LAND) et al., San Joaquin County et al., City of Stockton, South Delta Water Agency et al., California Sportfishing Protection Alliance (CSPA) et al., Friends of the River et al., Contra Costa County et al. and Sacramento Regional County Sanitation District.
On Friday, the City of Antioch filed a motion with the State Water Board to further delay the hearing and to reopen part 1, citing a changed operating scenario for part 2 and the significant change that would occur by moving to a one-tunnel project.
“Protestants present no compelling case for departing from a hearing structure selected by the Hearing Officers, which already accounts for the possibility of addressing new information, should it come to light through the course of Part 2,” states DWR in its response.
DWR notes that with respect to the operating scenario, Antioch’s motion is nothing more than a repetitive motion with no new evidence to support it, and points out that the hearing officers have already ruled on this issue. With respect to any change in the project (such as a one tunnel project), DWR notes that it has not altered its water rights petition; DWR continues to seek a permit for three 3,000 cfs points of diversion on the Sacramento River. DWR further notes that the City of Antioch’s motion is similar to previous motions and the hearing officers have already ruled on this issue.
Read DWR’s response here: DWR Consolidated Opposition to Antioch Motion to Delay and Joinders
- Delta tunnel opponents file request for continuance of Cal Water Fix proceedings at the State Water Board, allege ex-parte communications
- State Water Board delays start of Part 2 of Cal Water Fix hearing to review motions for continuance
- DWR responds to allegations of ex parte communications regarding Cal Water Fix; says hearing at State Water Board should continue
- City of Antioch files motion for Continuance of Phase 2 of Cal Water Fix hearing and Reconsideration of Reopening of Part 1
Part 2 of Cal Water Fix water rights hearing further delayed
From the State Water Board Cal Water Fix hearing team:
On January 17, 2018, the hearing officers directed the hearing team to advise the parties that the hearing days scheduled for January 18 through February 1, 2018, were canceled to give the hearing officers time to review several procedural motions, including motions to continue this proceeding. The hearing officers have further directed the WaterFix team to advise the parties that the hearing days scheduled for February 2 and February 5, 2018, are also canceled. Unless the hearing officers notify the parties of any additional changes to the hearing schedule, the parties should assume that Part 2 of the hearing will commence on February 8, 2018, beginning with policy statements, to be followed immediately with the evidentiary portion of Part 2.
Any responses to motions for continuance that were submitted after January 17, 2018, must be submitted to the email@example.com email account and service list by 12:00 noon, January 31, 2018. Neither responses to motions for continuance that were submitted prior to January 17, 2018, nor replies to any responses will be accepted.
Provided that no additional changes to the hearing schedule are made, NOTICE IS HEREBY GIVEN that on February 12, 2018, this water right hearing will be held at the following location:
California Regional Water Quality Control Board
Central Valley Region (5), Sacramento Main Office
11020 Sun Center Drive, Suite 200
Rancho Cordova, CA 95670
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