
On Monday, the San Luis Delta-Mendota Water Authority (SLDMWA), representing corporate agribusiness interests, filed a legal motion to disqualify State Water Resources Control Board Hearing Officers Felicia Marcus and Tam Tam Doduc from overseeing the permit process for the California Water Fix to build the Delta Tunnels.
The Water Authority alleges the Hearing Officers have predetermined a critical issue before them, Delta flow criteria.
SLDMWA is one of the water districts placed on negative credit watch last week due to its bond guarantor, Westlands Water District, engaging in Enron accounting. The Water Authority consists of water agencies representing approximately 2,100,000 acres of 29 federal and exchange water service contractors within the western San Joaquin Valley, San Benito and Santa Clara counties.
Westlands agreed to pay $125,000 to settle the charges filed against them by the Securities and Exchange Commission, making it only the second municipal issuer to pay a financial penalty in an SEC enforcement action.
The San Luis & Delta-Mendota Water Authority hereby moves for disqualification of Hearing Officers Felicia Marcus and Tam Doduc, according to the motion. This motion is made on the ground that the Hearing Officers have predetermined a critical issue that will be before them in this proceeding.
When a judge, in court or an administrative adjudication, has predetermined an issue, the judge must be disqualified to protect the due process rights of all parties, the Water Authority claims.
The motion alleges that the Hearing Officers revealed that they have already reached a significant conclusion regarding appropriate Delta flow criteria in a formal order issued on February 11, 2016.
In their order, the Hearing Officers conclude that the appropriate Delta flow criteria will be more stringent than petitioners’ current obligations and may well be more stringent than petitioners’ preferred project.