STATE WATER RESOURCES CONTROL BOARD
WORKSHOP SESSION-- OFFICE OF CHIEF COUNSEL
FEBRUARY 2, 2000

ITEM 12

SUBJECT

IN THE MATTER OF APPLICATIONS 30038, 30083, 30160, 30165, 30175, 30178, 30260, 30355, AND 30374:DETERMINATION OF LEGAL CLASSIFICATION OF GROUNDWATER IN THE PAUMA AND PALA BASINS OF THE SAN LUIS REY RIVER

LOCATION

San Diego County

DISCUSSION

Applications to appropriate unappropriated water from the Pauma and Pala basins were filed to cover existing and proposed diversions of groundwater because the applicants believed that there may be evidence that the groundwater in these basins is flowing in a known and definite channel.

The SWRCB bifurcated the proceedings on the applications, to determine whether the SWRCB has permitting authority over extractions of groundwater from the Pauma and Pala basins prior to making any determination regarding the merits of the pending applications.The SWRCB also separated functions, establishing a staff hearing team to advise the Hearing Officer and other Board members that was independent of the staff who presented evidence at the hearing.

On October 15-16, 1997, the SWRCB held a hearing to receive evidence on the legal classification of the groundwater in the Pauma and Pala basins of the San Luis Rey River.The proposed decision finds that the groundwater in the Pauma and Pala basins is part of a subterranean stream flowing through known and definite channels.

One of the parties to the hearing, the Pauma Valley Water Company, alleged that the SWRCB did not comply with the requirements of Chapter 4.5 of the Administrative Procedure Act (APA).The proposed decision finds that the SWRCB provided a fair hearing, consistent with the requirements of Chapter 4.5 of the APA.

Finally, three of the parties requested official notice of documents by the SWRCB.The proposed decision denies the requests for official notice.

POLICY ISSUE

Should the SWRCB adopt the proposed decision?

FISCAL IMPACT

None.This proposed decision is budgeted within existing resources.

RWQCB IMPACT

None.

STAFF RECOMMENDATION

Staff recommends that the proposed decision be adopted.

Draft Decision