DELTA CONVEYANCE PROJECT: State Water Board issues procedural ruling on alleged conflict of interest and conditional waiver

From the State Water Board:

This procedural ruling arises out of an alleged conflict of interest of the law firm Somach Simmons & Dunn (SSD), which firm represents several protesting parties in this proceeding, raised by the Department of Water Resources (DWR).

DWR asserts that this conflict prejudices its interests but has agreed to waive its rights to pursue any remedies against SSD in this proceeding and any subsequent appeal or litigation resulting from this proceeding, if the Administrative Hearings Office (AHO) timely proceeds with the hearing in accordance with the existing schedule. (2025 04 24 DWR email to AHO.)

This ruling addresses DWR’s offered waiver and, in addition, concludes that DWR will have waived its right to object to SSD’s participation in this proceeding if DWR does not indicate in writing, before this hearing reconvenes at 9:00 a.m. on Monday, May 5, an intent to seek a remedy.

SEE ALSO:

Hearing Officer Blocks DWR’s Attempt to Maintain “Inchoate Right to Object” to DCP Proceeding

In what may be the most significant California water rights proceeding since Decision 1275 granted the original State Water Project permits in 1967, Hearing Officer Nicole L. Kuenzi has issued a procedural ruling to protect the integrity of the Delta Conveyance Project hearing process. The May 2, 2025 ruling directly addresses the Department of Water Resources’ (DWR) attempt to assert a voluntary, conditional waiver to an alleged conflict of interest– a strategy the ruling warned “would invite future gamesmanship.” … ”  Continue reading at California Water Research.