NOTICE of public hearing and procedural ruling for the Delta Conveyance Project

The State Water Resources Control Board (State Water Board or Board) Administrative Hearings Office (AHO) will hold a public hearing about the Delta Conveyance Project (DCP). The hearing will address the water right change petitions filed by the Department of Water Resources (DWR or Petitioner) which propose to add two new points of diversion (PODs) and rediversion (PORDs) to water right Permits 16478, 16479, 16481, and 16482 (Applications 5630, 14443, 14445A, and 17512, respectively) (SWP Permits).

The purpose of the hearing is to gather evidence that the State Water Board will consider to determine whether to approve the petitions and, if so, what specific terms and conditions the Board should include in the amended SWP Permits.  The hearing will begin on February 18, 2025, with the presentation of oral policy statements by interested persons or entities and discussion of outstanding procedural issues. The hearing will continue on March 25, 2025, with presentation by the Petitioner of case-in-chief testimony. The AHO will conduct a third pre-hearing conference on December 16, 2024.

The purpose of this hearing is to develop an evidentiary record on which the State Water Board will rely in acting on the petitions to change the SWP Permits to authorize operation of the proposed Delta Conveyance Project. This hearing will necessarily be highly complex — procedurally, factually, and legally. But the hearing is made even more complex because the time period for the Petitioner to perfect beneficial use of its water rights under the SWP Permits has expired. The Petitioner has not perfected the full amount authorized to be appropriated under the SWP Permits but filed these petitions for change without filing companion petitions to extend the time allowed to complete beneficial use. As a result, the Board must consider and act on the change petitions without knowing whether the Board will, at some future time, grant any petitions for extension of time yet to be filed by the Petitioner or whether the Board will revoke a portion of the SWP Permits.

Read the full notice and ruling below.