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Hearings Program
California American Water – Cease and Desist Order Hearing
In response to a request for a hearing made by California American Water (CAW), the State Water Board will hold a hearing in the matter of the unauthorized diversion of water by CAW - Cease and Desist Order WR 2008-00XX-DWR – Carmel River in Monterey County.
- January 5, 2010 - State Water Board Order WR 2010-0001 - Order Denying Reconsideration
- December 30, 2009 - Submitted Comments Regarding Consideraton of Proposed Order
- December 16, 2009 - Cover Letter and Draft Order Denying Reconsideration
- Submitted Petitions for Reconsideration
- October 27, 2009 - Cover Letter for water right Order WR 2009-0060 - Cease and Desist Order
- September 16, 2009 - Cover Letter for Revised Draft Order (dated 09/16/09) - Proposed cease and desist order (CDO) in which the State Water Board proposes enforcement action against California American Water (Cal-Am) for unauthorized diversion and use of water from the Carmel River (includes invitation for further pubilc comments).
- Comments Received - due September 30, 2009
- August 27, 2009 - Hearing Officer's Letter concerning Cal Am's request for a settlement conference and procedural information about the September 2 workshop.
- August 13, 2009 - Notice of Public Workshop on September 2, 2009 and invitation for public comments
- Submitted Comments to the Draft Order - due August 26, 2009
- July 27, 2009 - Draft Order (dated July 27, 2009) - Cease and Desist Order
- Reply Briefs (posted 11/12/08)
- November 4, 2008 - Hearing Officers' Ruling regarding pending motions
- Closing Briefs (posted 10/15/08)
- California American Water
- Pebble Beach Company
- City of Seaside
- Carmel River Steelhead Association
- Monterey County Hospitality Association
- Monterey Peninsula Water Management District - Seaside Basin Watermaster
- Planning and Conservation League
- Prosecution Team
- Public Trust Alliance
- Sand City
- Sierra Club
- Phase 2 Hearing-Reporter's Transcripts:
July 23, 2008 | July 24, 2008 | July 25, 2008 | August 7, 2008 | August 8, 2008 - September 23, 2008 - Hearing Officers' Rulings on exhibits and closing brief page limits
- September 12, 2008 - Hearing Officers' Rulings on three requests to admit exhibits into evidence after the hearing adjourned.
- June 19, 2008 and June 20, 2008 - Phase-1 Hearing - Reporter's Transcripts
- List of Exhibits (Phase-1 and Phase-2)
- July 18, 2008 - Revised Notice of Public Hearing - Phase II
- July 9, 2008 - Stipulation to Admission into Evidence of Documents executed between CAW and the Prosecution Team (27.5 MB)
- June 12, 2008 - Hearing Officers' Ruling on due process objection by CAW
- June 11, 2008 - Prosecution Team'srequest to allow submission of corrected testimony of John Collins
- June 11, 2008 - CAW Letter objecting to testimony of Carmel River Stellhe and Association and Sierra Club
- June 11, 2008 - Prosecution Team'sLetter regarding limited availability of Jim Kassel
- June 4, 2008 - Ruling on Procedural Issue - Request by Robert Baiocchi to testify in the pending proceeding via telephone.
- June 9, 2008 - CAW Letter regarding due process objection
- May 30, 2008 - Ruling on Procedural Issue - Request by Robert Baiocchi to testify in the pending proceeding via telephone.
- May 29, 2008 - Ruling on Procedural Issues - Request for clarification and motion for temporary postponement of proceedings.
- May 21, 2008 - California American Water's request for clarification and motion for temporary postponement of proceedings.
- May 16, 2008 - Ruling on Procedural Issue - Request by Robert Baiocchi to testify in the pending proceeding via telephone.
- Submitted Responses
- May 13, 2008 - Ruling on Procedures Issues raised at the March 19, 2008 pre-hearing conference, in pre-hearing briefs and reply briefs authorized at the pre-hearing conference, and in a letter of March 21, 2008 from the hearing officer.
- April 24, 2008 - Submitted Pre-Hearing Reply-Briefs
- California American Water
- Motion To Strike Portions of Pre-Hearing Briefs
- Opposition to Pre-Hearing Briefs
- Motion to Ensure Due Process
- Request for Official Notice and Admission of Exhibits into Evidence
- Declaration of Jon D. Rubin
[ CAW-20 ] [ CAW-21 ] [ CAW-22 ] [ CAW-23 ] [ CAW-24 ]
[ CAW-25 ] [ CAW-26 ] [ CAW-27] [ CAW-28 ]
- California Environmental Law Project (obo: Sierra Club)
- Monterey Peninsula Water Management District
- National Marine Fisheries Service
- Pebble Beach Company
- Public Trust Alliance
- Division of Water Rights (Prosecution Team)
- California American Water
- April 9, 2008 - Submitted Pre-Hearing Briefs
- California Environmental Law Project (obo: Sierra Club, Carmel River Steelhead Association)
- National Marine Fisheries Service
- California Public Utilities Commission (Division of Ratepayer Advocates)
- City of Seaside, Seaside Basin Watermaster, City of Carmel, City of Del Rey Oaks and Monterey Hospitality Association
- California Salmon and Steelhead Association
[ CSSA-1 ] [ CSSA-2 ] [ CSSA-3 ] [ CSSA-4 ]
[ CSSA-5 ] [ CSSA-6 ] [ CSSA-7 ] [ CSSA-8 ] - Public Trust Alliance
- California American Water:
[ CAW-1 ] [ CAW-2 ] [ CAW-3 ] [ CAW-4 ]
[ CAW-5 ] [ CAW-6 ] [ CAW-7 ] [ CAW-8 ]
[ CAW-9 ] [ CAW-10 ] [ CAW-11 ] [ CAW-12 ]
[ CAW-13 ] [ CAW-14 ] [ CAW-15 ] [ CAW-16 ]
[ CAW-17 ] [ CAW-18 ] [ CAW-19 ]
- Carmel River Steelhead Association and California Sportfishing Protections Alliance (aka: Steelhead Association)
- Division of Water Rights (Prosecution Team)
- Monterey Peninsula Water Management District
- April 1, 2008 - Public Policy Session: Reporter'sTranscript
- Submitted Policy Statements
- Defenders of Wildlife
- Monterey Peninsula Chamber of Commerce
- Carmel River Watershed Conservancy
- Sue McCloud, Mayor – Carmel-by-the-Sea
- Rami Kahlon, Director – Division of Water and Audits, Cal PUC
- Senator Abel Maldonado
- Carmel Innkeepers Association
- Dale Hekhuis
- AIA Monterey Bay
- Central Coast Regional Water Quality Control Board
- Assembly Member John Laird
- Monterey County Mayors’ Association
- George Riley
- League of Women Voters of the Monterey Peninsula
- George T. Krieger
- California Department of Fish and Game
- California Salmon and Steelhead Association
- Monterey Peninsula Airport District
- March 21, 2008 - Hearing Officer'sLetter
- Summarizing certain matters raised during the pre-hearing conference held on March 19, 2008
- Summarizing certain matters raised during the pre-hearing conference held on March 19, 2008
- March 14, 2008 - Service List of Participants
- Submitted Notices of Intent to Appear
- California American Water
- California Public Utilities Commission
- Carmel River Steelhead Association
- City of Carmel-by-the-Sea
- City of Monterey
- City of Sand City
- City of Seaside
- California Salmon and Steelhead Association
- California Department of Fish and Game
- California Sportfishing Protection Alliance
- Division of Water Rights Prosecution Team
- Jonas Minton
- Monterey County Hospitality Association
- Monterey Peninsula Water Management District
- National Marine Fisheries Service
- Pebble Beach Company
- Public Trust Alliance
- Seaside Basin Watermaster
- Sierra Club (Ventana Chapter)
- Submitted Notices of Intent to Appear
- March 5, 2008 - Notice of Public Hearing and Pre-Hearing Conference
- February 22, 2008 - Hearing Schedule Courtesy Notification
- February 4, 2008 - Request for Hearing submitted by CAW
- January 15, 2008 - Draft Ceases and Desist Order WR 2008-00XX-DWR - In the matter of the unauthorized diversion of water by CAW – Carmel River in Monterey County
