From the State Water Resources Control Board:
This procedural ruling addresses the motions to supplement case in chief exhibits filed by T&M King Farms LLC (King Farms) and San Francisco Baykeeper (Baykeeper) on August 9 and 12, respectively; the objections to certain testimony offered by the protesting parties; changes to the case in chief time limits discussed orally during the hearing on August 28; and King Farms’ August 30 motion for additional time. This ruling also provides further direction regarding the site visit on September 9 and 10.
As discussed in greater detail below, the AHO denies King Farms’ motion to add exhibit King 69 to its case in chief exhibits, and grants Baykeeper’s motion to add exhibits BK 124 and BK 125 to Baykeeper’s case in chief exhibits. It also excludes the
testimony offered as exhibits CWIN 1, CFBD 1, FOR 22, RTD 1, BK 122, Sierra Club 1, DOW 1, SCS 1, and GSSA 20 pursuant to Government Code section 11513, subdivision (f). This ruling is made without prejudice to Mr. King’s opportunity to submit
King 69 as a rebuttal exhibit, subject to the limitation that rebuttal evidence must respond to an element of the case in chief presented by the Sites Project Authority (Authority). This ruling is also without prejudice to the opportunity of the other
protestants to submit in rebuttal revised testimony from the witnesses whose testimony is excluded, subject to the limitation that rebuttal evidence must respond to an elementof the Authority’s case in chief. Finally, this ruling allows King Farms limited additional time for an opening statement and summary of direct testimony.
