G. Scott Fahey and Sugar Pine Spring Water LP – Administrative Civil Liability (ACL) Cease and Desist Order (CDO) Hearing

The State Water Resources Control Board held a hearing to receive evidence relevant to determining whether to impose Administrative Civil Liability (ACL) and adopt a Cease and Desist Order (CDO) against G. Scott Fahey and Sugar Pine Spring Water LP, both relating to the alleged unauthorized diversions from springs tributary to the Tuolumne River in Tuolumne County.

• List of Exhibits

• October 31, 2019 - Hearing Team Email: Deadline to File Writ of Mandate
• October 25, 2019 - State Water Board Order WR 2019-0149:  Issuing a Cease and Desist Order and Imposing Administrative Civil Liability Against G. Scott Fahey and Sugar Pine Spring Water, LP (Note: This Order incorporates the Final Draft Order Errata Sheet and the September 6, 2019 clean version of the Draft Order, collectively adopted September 17, 2019.)
• October 7, 2019 - Fahey’s Motion to Reconsider Decision
• October 4, 2019 - Revised Service List of Participants
• October 2, 2019 - Hearing Team Email: Deadline for Petitions for Reconsideration
• October 1, 2019 - Hearing Team Email: Petition for Reconsideration Period, ACL Remittance Instructions, and Revised Service List of Participants
• September 17, 2019 - Final Draft Order Errata Sheet (changes shown in strikethrough/underline) that revises the September 6, 2019 Draft Order, clean version
  
• September 6, 2019 – Revised Draft Order adopting CDO and imposing ACL
  • Clean Version
  • Comparison Version from March 28, 2019
• July 22, 2019 - Fahey letter requesting dismissal pursuant to decision in California Water Curtailment Cases
• April 10, 2019 - Supplemental Briefs and Proposed Changes to the draft Order
  • Prosecution Team: Supplemental brief, proposed draft Order changes, and showing of good cause for proposed changes to portions of the revised draft Order not identified in the April 2, 2019 Hearing Team email
  • MID, TID, and CCSF: Supplemental brief and proposed draft Order changes
  • Fahey: Supplemental brief and proposed draft Order changes
• April 3, 2019 - Hearing Team Email : Providing Revised Service List of Participants
• April 3, 2019 - Hearing Team Email : Instructions and schedule for supplemental briefing
• April 1, 2019 - Hearing Team Email : Providing revised agenda for the April 2, 2019 Board Meeting with consideration of the revised draft Order pulled
• April 1, 2019 - Hearing Team Email : Notification that consideration of the revised draft Order continued to future Board Meeting
• April 1, 2019 - Prosecution Team email concurring with Fahey’s and MID, TID, and CCSF’s April 1, 2019 requests for continuance
• April 1, 2019 - MID, TID, and CCSF email concurring with Fahey’s April 1, 2019 request for continuance
• April 1, 2019 - Fahey email requesting continuance of the Board’s consideration of the revised draft Order scheduled for the April 2, 2019 Board Meeting
• March 30, 2019 - Hearing Team Email : Request for preparation of oral comments regarding the issues raised by MID, TID, and CCSF for discussion at the April 2, 2019 Board Meeting
• March 29, 2019 - Hearing Team Email : Confirmation of receipt of request to postpone consideration of the revised draft Order filed by MID, TID, and CCSF
• March 29, 2019 - MID, TID, and CCSF email submitting a comment letter regarding the March 29, 2019 revised draft Order and proposed revisions to the February 8, 2019 draft Order
• March 28, 2019 - Change Sheet #1 for Draft Order Issuing a Cease and Desist Order and Imposing Administrative Civil Liability Against G. Scott Fahey And Sugar Pine Spring Water, LP
• March 28, 2019 – Revised Draft Order adopting CDO and imposing ACL
• March 25, 2019 – Hearing Team Email: Providing Revised Service List of Participants
• March 11, 2019 - Comment Letters
  • G. Scott Fahey and Sugar Pine Spring Water, LP
  • Modesto Irrigation District, Turlock Irrigation District, and City and County of San Francisco
• February 8, 2019 - Cover Letter and Draft Order adopting CDO and imposing ACL
  • PLEASE NOTE: The new exhibits proposed in the draft order are available on the Fahey Exhibits webpage
• February 1, 2019 - Fahey’s reply to TID and MID’s joint response to Fahey’s request to dismiss and subsequent reply
• January 31, 2019 - TID and MID’s joint response to Fahey’s request to dismiss and subsequent reply
• January 30, 2019 - Fahey’s Reply to the Prosecution Team’s Memorandum in Opposition to Motion to Dismiss
• January 30, 2019 - Hearing Team Email : Providing Revised Service List of Participants and courtesy notice of upcoming closed session
• January 25, 2019 - MID Email : Request to update service list
• January 24, 2019 - Prosecution Team’s memorandum in opposition to the Respondent’s request to dismiss
• January 15, 2019 - Hearing Officer approved briefing schedule in response to the motion, Fahey’s Request to Immediately Dismiss This Proceeding Pursuant to California Water Curtailment Cases
• January 15, 2019 - Prosecution Team’s request for an opportunity to respond to the Request to Dismiss filed by Fahey
• January 15, 2019 - Response from Lily Weaver, Attorney, State Water Resources Control Board: Fahey ACL/CDO Hearing - Request to Dismiss
• January 14, 2019 - Fahey ACL/CDO Hearing: Fahey’s Request to Immediately Dismiss This Proceeding Pursuant to California Water Curtailment Cases.
• April 10, 2018 - Final Order Request Letter submitted by Scott Fahey and Sugar Pine Spring Water LP
• January 19, 2017 - Hearing Team Email regarding status of order
• January 18, 2017 - Status Request Letter submitted by Scott Fahey and Sugar Pine Spring Water LP
• July 5, 2016 - Hearing Team Email: Future opportunity for review and comment on draft order will be provided
• July 5, 2016 - G. Scott Fahey's and Sugar Pine Spring Water LP's: Response to the Prosecution Team's Objection To Declaration Of Glen Hansen In Support Of Fahey's Closing Brief ("Objection")
• June 28, 2016 - Hearing Team Email: REF: There is no scheduled opportunity for replies to the closing briefs
• June 24, 2016 - Hearing Team Email: Responses to Prosecution Team's objection to Hansen declaration are due, Noon, July 8, 2016
• June 23, 2016 - Documents submitted by the Prosecution Team:
  • Prosecution Team Objection to Declaration of Glen Hansen in Support of Fahey's Closing Brief
  • Declaration of Kenneth Petruzzelli in Support of Prosecution Team Objection to Declaration of Glen Hansen in Support of Fahey's Closing Brief (6.91 MB)
    • Attachment 1 - February 26, 2016 Public Records Act Disclosure - 2014 Curtailment Cert Reports QCed FINAL other_source checked
    • Attachment 2 - April 21, 2016 Public Records Act Disclosure - 2015 Curtailment Forms with Other Box Checked
• June 17, 2016 - CLOSING BRIEFS submitted by:
  • Prosecution Team
    • Declaration of Kenneth Petruzzelli in Support of Prosecution Team Closing Brief
  • G. Scott Fahey's and Sugar Pine Spring Water LP's
    • Declaration of Glen Hansen in Support of Fahey's Closing Brief (Part 1)
    • Declaration of Glen Hansen in Support of Fahey's Closing Brief (Part 2)
  • Modesto Irrigation District, Turlock Irrigation Districts and the City and County of San Francisco
• May 23, 2016 - PROCEDURAL RULING: Ruling on Post-Hearing Evidence Motions
• April 19, 2016 - Submittals by Parties: Reply Briefs
  • Prosecution Team: Post Evidence Reply Brief
  • G. Scott Fahey's and Sugar Pine Spring Water LP's: Reply to Prosecution Team’s Supplemental Evidence Brief
  • The City and County of San Francisco, Modesto Irrigation District, Turlock Irrigation District: Joinder to the Prosecution Team's Supplemental Evidence Brief and Post-Hearing Evidence Reply Brief
• April 12, 2016 - Hearing Team Email: Reply Briefs on evidentiary objections are due no later than 12:00 Noon, Tuesday, April 19, 2016.
• April 11, 2016 - G. Scott Fahey's and Sugar Pine Spring Water LP's Supplemental Brief on Evidentiary Objections
• April 8, 2016 - Prosecution Team's Post-Hearing Evidence Brief and Declaration of Kenneth Petruzzelli in Support of Post-Hearing Evidence Brief, with attachments.
• March 25, 2016 - Hearing Team Email: Supplemental Briefs on evidentiary objections are due by Monday, April 11, 2016, at 5:00 p.m.
• March 24, 2016 - Reporter’s Transcript: Monday, January 25, 2016) and Reporter's Transcript (Tuesday, January 26, 2016)
• January 28, 2016 - Hearing Team Email providing clarification addressing briefing inquiries by the Prosecution Team.
• January 25, 2016 - BRIEFING SCHEDULE distributed to Parties at the conclusion of the hearing (01/26/16)
• January 22, 2016 - Hearing Team Email to parties regarding draft ruling on the Prosecution Team’s Motion to Strike and Motion in Limine.
• January 22, 2016 - Prosecution Team's Response to Fahey's 01/21/2016 email regarding Prosecution Team's 01/21/16 Letter.
• January 21, 2016 - G. Scott Fahey and Sugar Pine Spring Water LP Response to Prosecution Team's 01/21/16 Letter with Attachment.
• January 21, 2016 - Prosecution Team's Letter responding to Hearing Officer's 01/21/16 Partial Ruling on Prosecution Team's December 10 and December 11 Motions for Protective Order or, Alternatively, Motions to Quash; Fahey's Opposition; and Fahey's December 18 Motion to Compel Depositions and Document Disclosures
• January 21, 2016 - Hearing Officers' Partial Ruling on Prosecution Team's December 10 and December 11 Motions for Protective Order or, Alternately, Motions to Quash: Fahey's Opposition; and Fahey's December 18 Motion to Compel Depositions and Document Disclosures.
• January 20, 2016 - City and County of San Francisco Joinder to the Prosecution Team's Motion to Strike and Motion in Limine filed on January 13, 2016
• January 20, 2016 - Modesto Irrigation District's Joinder to the Prosecution Team's Motion to Strike and Motion in Limine
• January 20, 2016 - Fahey's Opposition to Prosecution Team's Motion to Strike, Motion in Limine
  • Declaration of Glen Hansen in Support of Opposition
• January 18, 2016 - Prosecution Team Email regarding clarification to submitted prehearing brief
• January 16, 2016 - Fahey Email regarding needed correction to PT-55
• January, 14, 2016 - Hearing Team Email to Parties regarding deadline to respond to Prosecution Team’ Motion to Strike and Motion in Limine
• January 13, 2016 - Motion to Strike and Motion in Limine filed by the Prosecution Team
• January 5, 2016 - Notice of Representation Change for the City and County of San Francisco
• December 30, 2015 - Prosecution Team's Opposition to G. Scott Fahey and Sugar Pine Spring Water, LP's Motion to Compel Document Disclosures
• December 22, 2015 - "Person Most Knowledgeable" designated by Prosecution Team pursuant to December 21, 2015 Procedural Ruling
• December 21, 2015 - Procedural Ruling: Prosecution Team's December 10th and 11th Motions for Protective Order or, Alternatively, Motions to Quash; Fahey's Opposition; and Fahey's December 18th Motion to Compel Depositions and Document Disclosures
• December 18, 2015 - G. Scott Fahey and Sugar Pine Water, LLP Opposition to the Prosecution Team's Motions for Protective Orders/to Quash, and Motion to Compel Depositions and Document Disclosures
  • Declaration of Glen Hansen in Support of Opposition
• December 14, 2015 - Procedural Ruling: Request to Submit Revised Notice of Intent to Appear
• December 14, 2015 - Procedural Ruling: Motion by Prosecution Team to Compel Production
• December 11, 2015 - Prosecution Team’s Request to Broaden its motions for protective orders and motions to quash
• December 11, 2015 - Hearing Team Email to parties providing heads-up
• December 11, 2015 - Hearing Team Email to parties providing time deadline to respond
• December 11, 2015 - Request for Response Deadline submitted by G. Scott Fahey and Sugar Pine Spring Water, LP
• December 10, 2015 - Motion for Protective Order or, Alternatively, Motion to Quash filed by the Prosecution Team
• December 10, 2015 - Response to Opposition to Revised Notice of Intent to Appear filed by the G. Scott Fahey and Sugar Pine Spring Water, LP
• December 8, 2015 - Opposition to Fahey's Revised Notice of Intent to Appear submitted by the Prosecution Team
• December 8, 2015 - Opposition to Motion to Compel Production of Documents in Response to Subpoena Duces Tecum submitted by G. Scott Fahey Sugar Pine Spring Water, LP
  • Declaration of Glen Hansen in Support of Opposition to Motion
  • Declaration of Scott Fahey in Support of Opposition to Motion
• December 8, 2015 - Hearing Team Email to parties regarding Revised Notice of Intent to Appear submitted by G. Scott Fahey Sugar Pine Spring Water, LP.
• December 7, 2015 - Revised Notice of Intent to Appear submitted by G. Scott Fahey Sugar Pine Spring Water, LP
• December 3, 2015 - Hearing Team Email regarding deadline to submit response to Motion to Compel
• November 30, 2015 - Hearing Team Email to parties providing a Revised Service List of Participants
• November 25, 2015 - Motion to Compel Production of Documents in Response to Subpoena Duces Tecum, submitted by the Prosecution Team
• November 17, 2015 - Notice of Representation Change submitted by the Prosecution Team
• November 13, 2015 - Service List of Participants
• November 9, 2015 - Submitted Notices of Intent to Appear
  • Division of Water Rights Prosecution Team
  • G. Scott Fahey and Sugar Pine Spring Water, LP
  • Modesto Irrigation District
  • City and County of San Francisco
  • Turlock Irrigation District
• October 28, 2015 - Notice of Representation Change
• October 16, 2015 - Notice of Public Hearing
• September 8, 2015 - Request for Hearing - Submitted by G. Scott Fahey and Sugar Pine Spring Water LP
• September 1, 2015 - Notice of the Intent to Proceed with formal enforcement action imposing Administrative Civil Liability and adopting the CDO