
The California WaterFix hearing officers for the State Water Resources Control Board yesterday denied the motions by Delta Tunnels opponents to delay the hearing on the permits to build the project, based on alleged illegal ex parte communications between Water Board and Department of Water Resources staff.
The officers, Board Chair Felicia Marcus and Member Tam M. Doduc, found that the ex parte communications did not violate the law. They also found that no changes to the WaterFix project have been proposed that would warrant re-opening Part 1 or staying Part 2 of the hearing process at this time.
The communications between State Water Board staff and DWR staff that are the subject of the motions either concerned non-controversial, procedural issues or were properly limited in scope to California Environmental Quality Act consultation between lead agency and responsible agency to ensure analysis of an adequate range of alternatives.
They found that those communications did not violate the law prohibiting ex parte contacts, nor are the communications evidence of an unacceptable risk of bias that would warrant disqualification of hearing team members or the decision-makers in this proceeding. They concluded.
They said the hearing will resume at 9:30 a.m. on February 8, 2018 in the Coastal Room at the CalEPA building.
The Bureau of Reclamation and the California Department of Water Resources have applied for a permit to change the point of diversions for the State Water Project and Central Valley Project in order to build the controversial Delta Tunnels.
Tunnels opponents say the massive 35 mile-long tunnels planned under the Delta would hasten the extinction of Sacramento River winter-run and fall-run Chinook salmon, Central Valley steelhead, Delta and long fin smelt, green sturgeon and other species, as well as imperil salmon and steelhead populations on the Trinity and Klamath.
The motions by Delta region local governments, public agencies, public trust advocates and environmental and fishing groups were filed as a result of emails disclosed under a California Public Records Act request filed by Patrick Porgans of Porgans and Associates.
I will post more information on this as it becomes available. The letter from hearing officers is below: