Petition Requesting Changes in Water Rights of The Department of Water Resources and U.S. Bureau of Reclamation for the California WaterFix Project Hearing

File Transfer Protocol Site Information

The State Water Board developed a secure File Transfer Protocol (FTP) website where parties to the hearing should upload their exhibits and parties can download the exhibits submitted by other parties. Each party on the service list will be provided a party-specific account with a username and password before their exhibit submittal deadline. All parties to the hearing will also have access to a shared account on the FTP site, which will allow parties to view and download other parties' exhibits, but only after the exhibit submittal deadline. The shared account is accessible at https://ftp.waterboards.ca.gov/?u=water fix download&p=waterfix123.

Part 1 | Part 1 - Rebuttal | Part 1 - Sur-Rebuttal | Part 2 | Part 2 - Rebuttal | Part 2 - Sur-Rebuttal

Part 1

Exhibit No. Exhibit Description Date Accepted into Evidence* or Withdrawn
     

 

Part 1 - Rebuttal

Exhibit No. Exhibit Description Date Accepted into Evidence* or Withdrawn
     

 

Part 1 - Sur-Rebuttal

Exhibit No. Exhibit Description Date Accepted into Evidence* or Withdrawn
     

 

Part 2

Exhibit No. Exhibit Description Date Accepted into Evidence* or Withdrawn
NRDC-1 Testimony of Doug Obegi April 24, 2018 
NRDC-2 Statement of Qualifications of Doug Obegi April 24, 2018 
NRDC-3 NRDC 2017. Mismatched: A Comparison of Future Water Supply and Demand for the Metropolitan Water District of Southern California and Its Member Agencies April 24, 2018 
NRDC-4 NRDC and the Pacific Institute 2014.  The Untapped Potential of California's Water Supply April 24, 2018 
NRDC-5 NRDC et al 2013. A Portfolio Alternative for the Bay Delta (including appendices) April 24, 2018 
NRDC-6 Santa Clara Valley Water District, December 9, 2013 staff memorandum for Agenda Item 2.1 April 24, 2018 
NRDC-7 California Department of Water Resources 2013. California Water Plan Update 2013, Volume 3, Introduction April 24, 2018 
NRDC-8 Steven Buck, Hilary Soldati, and David Sunding 2015. Forecasting Urban Water Demand in California: Rethinking Model Evaluation April 24, 2018 
NRDC-9 State of California, April 2017.  Making Conservation a Way of Life. Final Report.  April 24, 2018 
NRDC-10 Water Research Foundation, April 2016. Residential End Uses of Water, Version 2. Executive Report.  April 24, 2018 
NRDC-12 The Bay Institute et al December 16, 2016. Comments on the Draft Scientific Basis Report for the Phase 2 Update of the Bay Delta Water Quality Control Plan.   April 24, 2018 
NRDC-13 The Bay Institute et al 2017. Comments on the Final Phase 2 Scientific Basis Report for the Phase 2 Update of the Bay Delta Water Quality Control Plan April 24, 2018 
NRDC-14 U.S. Fish and Wildlife Service 2016. Comments on Draft Scientific Basis Report for the Phase 2 Update of the Bay Delta Water Quality Control Plan April 24, 2018 
NRDC-15 California Department of Fish and Wildlife 2016. California Department of Fish and Wildlife Comments Regarding the Working Draft Scientific Basis Report for New and Revised Flow Requirements on the Sacramento River and Tributaries, Eastside Tributaries, Delta Outflow, and Interior Delta Operations April 24, 2018 
NRDC-16 Appendices to the NMFS June 16, 2017 biological opinion for California WaterFix April 24, 2018 
NRDC-17 National Marine Fisheries Service, January 19, 2017. NMFS proposed Changes to CWF to address adverse effects in Initial Draft Biological Opinion (BiOp) April 24, 2018 
NRDC-18 Russell W. Perry, USGS. Survival Analyses in Support of NOAA's Draft Biological Opinion on California WaterFix. January 23, 2017.  April 24, 2018 
NRDC-19 NRDC July 26, 2016 letter to U.S. Fish and Wildlife Service and National Marine Fisheries Service RE: The Scope of, and New Scientific Information that must be Considered In, the Endangered Species Act Section 7 Consultation on California WaterFix (including attachments) April 24, 2018 
NRDC-20 California Department of Fish and Wildlife July 2017. Findings of Fact under the California Endangered Species Act for the California WaterFix project.  April 24, 2018 
NRDC-21 The Bay Institute et al July 6, 2017.  Letter to CDFW regarding WaterFix incidental take permit.   April 24, 2018 
NRDC-22 NRDC et al February 24, 2017 Letter to U.S. Fish and Wildlife Service regarding draft biological opinion for California WaterFix project April 24, 2018 
NRDC-23 NRDC et al October 29, 2015 comments on the RDEIR/SDEIS for WaterFix April 24, 2018 
NRDC-24 Attachments to the NRDC et al October 29, 2015 comments on the WaterFix RDEIR/SDEIS April 24, 2018 
NRDC-25 NRDC et al July 29, 2014 comments on Bay Delta Conservation Plan and Draft EIS/EIR April 24, 2018 
NRDC-26 Fish Agency Scenarios for BDCP Initial Operations Development, May 17, 2012 April 24, 2018 
NRDC-27 Five Agency BDCP Combined Species Scenario Evaluations and Proposed Project Operations, November 13, 2012 April 24, 2018 
NRDC-28 U.S. Fish and Wildlife Service, April 3, 2013. U.S. Fish and Wildlife Service Staff BDCP Progress Assessment April 24, 2018 
NRDC-29 National Marine Fisheries Service, January 19, 2017. Proposed Amendment to the Reasonable and Prudent Alternative of the 2009 Opinion.  April 24, 2018 
NRDC-30 National Marine Fisheries Service, March 19, 2012. NMFS List of Issues Unresolved in BDCP Administrative Draft April 24, 2018 
NRDC-31 National Marine Fisheries Service, August 17, 2016, re: Reinitiation of OCAP consultation.  April 24, 2018 
NRDC-32 U.S. Fish and Wildlife Service, August 3, 2016, Response to Request for Reinitiation of Section 7 Consultation Addressing Coordinated Long-Term Operation of the Central Valley Project (CVP) and State Water Project April 24, 2018 
NRDC-33 California Department of Fish and Wildlife, July 8, 2016. CDFW Rationale for Summer Delta Flow Augmentation for Improving Delta Smelt Survival April 24, 2018 
NRDC-34 U.S. Secretary of the Interior, January 3, 2017. Order 3343, Subject: Actions to Address Effects of Drought and Climate Change on California's Water Supply and Listed Species April 24, 2018 
NRDC-35 U.S. Fish and Wildlife Service, BDFWO Response to "Will Increasing Delta Outflow Help Delta Smelt" authored by Dr. Scott Hamilton, Center for California Water Resources Policy and Management April 24, 2018 
NRDC-36 Matthew L. Nobriga & Jonathan A. Rosenfield (2016) Population Dynamics of an Estuarine Forage Fish: Disaggregating Forces Driving Long-Term Decline of Longfin Smelt in California's San Francisco Estuary, Transactions of the American Fisheries Society, 145:1, 44-58, DOI: 10.1080/00028487.2015.1100136 April 24, 2018 
NRDC-37 Email from Leo Polansky (USFWS) to Doug Obegi dated September 29, 2017 re: Some recent life cycle model results to poke at and support for a Fall X2 action (including attachments) April 24, 2018 
NRDC-38 Jeremy Notch, 2017. Out-migration survival of wild Chinook salmon (Oncorhynchus tshawytscha) smolts from Mill
Creek through the Sacramento River during drought conditions. Master's Thesis, U.C. Santa Cruz.
April 24, 2018 
NRDC-39 Martin, B. T., A. Pike, S. N. John, N. Hamda, J. Roberts, S. T. Lindley, and E. M. Danner. 2016. Phenomenological vs. biophysical models of thermal stress in aquatic eggs. Ecology Letters (2016). April 24, 2018 
NRDC-40 Michel et al 2015. Chinook salmon outmigration survival in wet and dry years in California’s Sacramento River. Canadian Journal of Fisheries and Aquatic Sciences, 2015, 72(11): 1749-1759, https://doi.org/10.1139/cjfas-2014-0528 April 24, 2018 
NRDC-41 U.S. Fish and Wildlife Service, First Draft 2011 Formal Endangered Species Act Consultation on the Proposed Coordinated Operations of the Central Valley Project and State Water Project. April 24, 2018 
NRDC-42 The Bay Institute et al, June 10, 2013 letter to CDFW regarding CESA ITP No. 2081-2009-001-03 April 24, 2018 
NRDC-43 U.S. EPA DETAILED COMMENTS ON THE SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR THE BAY DELTA CONSERVATION PLAN/CALIFORNIA WATERFIX PROJECT (DATE) April 24, 2018 
NRDC-44 U.S. EPA, Bay Delta Conservation Plan ("Water-Fix") Supplemental Draft EIS Briefing Paper - September 14, 2015 April 24, 2018 
NRDC-45 U.S. EPA, Bay Delta Conservation Plan (“Water-Fix”) Supplemental Draft EIS Briefing Paper – August 20, 2015 April 24, 2018 
NRDC-46 National Marine Fisheries Service, December 15, 2016.  Sacramento River Spring Pulse Flow to Evaluate CV Spring-run Chinook Salmon Survival April 24, 2018 
NRDC-47 Peter Moyle, Larry Brown, John Durand, and James Hobbs 2016. Delta Smelt: Life History and Decline of a Once-Abundant Species in the San Francisco Estuary. San Francisco Estuary and Watershed Sciences 14(2). April 24, 2018 
NRDC-48 Brycen Swart, National Marine Fisheries Service, September 29, 2016.  Sacramento River Ecological Flow Thresholds for Salmonids Workshop. April 24, 2018 
NRDC-49 California Department of Fish and Game, August 16, 2012.  Written Information Responsive to the Workshop Questions for the Bay-Delta Workshop 1 - Ecosystem Changes and the Low Salinity Zone  April 24, 2018 
NRDC-50 California Department of Fish and Game, U.S. Fish and Wildlife Service, and U.S. EPA, September 5, 2012. Workshop 1: Ecosystem Changes and the Low Salinity Zone. April 24, 2018 
NRDC-51 The Bay Institute, September 14, 2012.  Additional Scientific Information Related to Pelagic Fish Species, Recommended Changes to the Bay-Delta Water Quality Control Plan, and Recommendations to Address Scientific Uncertainty and Changing Circumstances April 24, 2018 
NRDC-52 California WaterFix final EIS/EIR, Appendix 5E April 24, 2018 
NRDC-53 BDCP, Appendix 3.G (Proposed Interim Delta Salmonid Survival Objectives) April 24, 2018 
NRDC-54 SWRCB July 5, 2013 comments on Administrative Draft EIS/EIR for BDCP April 24, 2018 
NRDC-55 NMFS April 4, 2013.  NMFS Evaluation of Flow Effects on Survival in Vicinity of Proposed North Delta Diversions, BDCP Admin Draft Dec 2012 April 24, 2018 
NRDC-56 NMFS April 4, 2013.  NMFS Progress Assessment and Remaining Issues Regarding the Administrative Draft BDCP Document April 24, 2018 
NRDC-57 California Department of Fish and Wildlife, August 4, 2016. Modeling Assumptions for Sites Reservoir Intakes (Oct-Jun).  Withdrawn April 27, 2018
NRDC-58 Testimony of Dr. Jon Rosenfield, Ph.D  
NRDC-58-errata Testimony of Dr. Rosenfield - errata April 24, 2018 
NRDC-59 Statement of Qualifications of Dr. Jon Rosenfield, Ph.D April 24, 2018 
NRDC-60 The Bay Institute, May 23, 2016. Documentation of 2016 Violations of Bay-Delta WQCP Objectives and Water Rights Order 90-5 Conditions by the Bureau of Reclamation. April 24, 2018 
NRDC-61 U.S. Fish and Wildlife Service, June 29, 2016. Why Flow is a Necessary Element of Delta Smelt Habitat. April 24, 2018 
NRDC-62 National Marine Fisheries Service, January 29, 2018. Winter-Run Juvenile Production Estimate for Brood Year 2017. April 24, 2018 
NRDC-63 ICF International, January 29, 2015. Memorandum from Lenny Grimaldo et al to Bill Harrell et al regarding Sediment Accounting Analysis. April 24, 2018 
NRDC-64 State Water Resources Control Board, January 19, 2016. Order WR 2015-0043. April 24, 2018 
NRDC-100 Agreement summary between the Hallmark Group and DWR dated December 18, 2017 for additional planning work including development of a supplemental EIS/EIR.  Not admittted per Ruling Letter dated
June 1, 2018
NRDC-102 December 7, 2017 meeting minutes of the Board of Directors of the San Luis and Delta Mendota Water Authority. Not admittted per Ruling Letter dated
June 1, 2018
NRDC-103 California Department of Fish and Wildlife. Monthly Abundance Indices, Fall Midwater Trawl  June 18, 2018
NRDC-104 U.S. Fish and Wildlife Service, June 30, 2016. Doubling goal graphs. June 18, 2018

 

Part 2 - Rebuttal

Exhibit No. Exhibit Description Date Accepted into Evidence* or Withdrawn
NRDC-201 The Metropolitan Water District of Southern California- Water Surplus and Drought Management Plan September 18, 2018
NRDC-202 Memorandum from Secretary of the Interior to the President of the United States regarding Update on California Water Issues, dated August 30, 2016 September 18, 2018
NRDC-203 National Marine Fisheries Service, California WaterFix January working draft of BA-NMFS informal sufficiency review, dated May 26, 2016 September 18, 2018
NRDC-204 July 27, 2018 Letter from USBR to SWRCB Re: Final Draft Bay-Delta Plan Update for the Lower San Joaquin River and Southern Delta September 18, 2018
NRDC-205 December 21, 2016 FWS Response to SWG Recommendation September 18, 2018
NRDC-206 USFWS Memorandum: Determination Under Component 1 of the 2008 OCAP Biological Opinion September 18, 2018
NRDC-207 USFWS Memorandum: Determination of Actions Required Under Component 1 of the 2008 OCAP Biological Opinion September 18, 2018
NRDC-208 USFWS Memorandum: June 1, 2016 Transmittal of Determination under Component 2, Action 3 of the 2008 Coordinated Long-term Operation of the Central Valley Project and State Water Project Biological Opinion September 18, 2018
NRDC-209 Kimmerer and Rose 2018. Individual-based modeling of Delta Smelt Population Dynamics in the Upper San Francisco Estuary III. Effects of Entrainment mortality and Changes in Prey. September 18, 2018
NRDC-210 Iglesias et al 2017. Chinook salmon smolt mortality zones and the influence of environmental factors on out-migration success in the Sacramento River Basin. September 18, 2018
NRDC-211 California Department of Fish and Wildlife and National Marine Fisheries Service. Draft 12/15/2016 Sacramento River Pulse Flow to Evaluate CV Spring-run Chinook Salmon Survival.  September 18, 2018
NRDC-212 Rose et al 2013b. Individual-Based Modeling of Delta Smelt Population Dynamics in the Upper San Francisco Estuary: II. Alternative Baselines and Good versus Bad years. September 18, 2018
NRDC-213 Davis et al. State of the Estuary Report 2015. Water Quality Technical Appendix. September 18, 2018
NRDC-214 The Nature Conservancy. Groundwater and Stream Interaction in California's Central Valley: Insights for Sustainable Groundwater Management September 18, 2018
NRDC-215 National Academy of Sciences 2012. Sustainable Water and Environmental Management in the California Bay-Delta September 18, 2018
NRDC-216 Thomas Meixner, May 26, 2017.  Independent Scientific Peer Review of the Scientific Basis Report in support of New and Modified Requirements for Inflows from the Sacramento River and its tributaries and Eastside Tributaries to the Delta, Delta Outflow, Cold Water Habitat, and Interior Delta Flows. September 18, 2018

 

Part 2 - Sur-Rebuttal

Exhibit No. Exhibit Description Date Accepted into Evidence* or Withdrawn
     

* For a complete account of testimony and exhibits that have been admitted into evidence, please see the Ruling Page for the corresponding ruling date and/or Transcript Page for the corresponding transcript date.