Meeting of the California Water Commission

Start: Wed 20 Apr 2022, 9:30 AM
State of California, Resources Building, 715 P Street, First Floor Auditorium, Sacramento, CA, 95814

Commission member Matthew Swanson will participate from the following location, which will be open to the public:

DD Ingredients LLC

5191 Kill Rd

Delphos, OH 45833

Members of the public will be able to observe the meeting and provide public comments in-person at the meeting location(s) or remotely. Remote participation will be conducted via a web-based videoconferencing service called Zoom.

Registration is not required to provide public comments. Members of the public who wish to comment during the meeting can do so by joining on Zoom (https://us02web.zoom.us/j/88564542493?pwd=cHcrM1VRWmxieXk2bnNVZU1UOVZFZz09). More detailed instructions on how to use Zoom and participate in the meeting can be found in the public participation guide.

Alternatively, members of the public can offer verbal comments by telephone by calling one of the numbers below:

(408) 638-0968

(669) 900-6833

Meeting ID: 885 6454 2493

Passcode: 228185

The meeting will be webcast live at: https://www.water-ca.com/. Individuals who only want to watch or listen should use this option as it preserves interactive meeting resources for those who are commenting on items.

1. Call to Order

2. Roll Call

3. Election of Commission Officers (Action Item)

Following the resignation of the Commission’s Chair at the March 16, 2022 meeting, the Commission will elect a Chair, and Vice Chair, if necessary, to serve until the next election in January 2023, consistent with the Internal Rules and Guidelines for Activities of the California Water Commission, adopted February 2011.

4. Closed Session - Conference with Legal Counsel - Anticipated Litigation

The Commission will hold a closed session, as authorized by Government Code §11126(e)(1) to confer with and receive advice from its legal counsel regarding potential litigation related to Items 9E, 9G, and 9H on this agenda, and as authorized by Government Code §11126(a). The Commission will meet pursuant to Government Code §§11126(e)(1) and (e)(2)(B)(i) which state:

(e)(1) Nothing in this article shall be construed to prevent a state body, based on the advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the state body in the litigation.

(2) For purposes of this article, all expressions of the lawyer-client privilege other than those provided in this subdivision are hereby abrogated. This subdivision is the exclusive expression of the lawyer-client privilege for purposes of conducting closed session meetings pursuant to this article. For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist:...

(B)(i) A point has been reached where, in the opinion of the state body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the state body.

5. Approval of March 16, 2022 Meeting Minutes

6. Executive Officer's Report

The Executive Officer will report on various matters addressed since the previous Commission meeting.

7. Commission Member Reports

This is an opportunity for members to disclose any meetings or conversations related to Commission business since the previous Commission meeting.

8. Public Testimony

Although no formal Commission action will be taken, the Commission offers an opportunity for the public to address the Commission on items of interest that are within the Commission’s jurisdiction, but that do not appear on the agenda.

9. Consideration of Action on Resolutions of Necessity for the Yolo Bypass Salmonid Habitat Restoration and Fish Passage Project (Big Notch Project) - Batch A, Step 2 (Action Items)

On February 10, 2022, the Department of Water Resources (DWR) notified the Commission of its intent to seek Resolutions of Necessity (RON) for the Big Notch Project in furtherance of a potential eminent domain action against the properties listed below. DWR cannot commence an eminent domain proceeding unless the Commission first adopts a RON (Code of Civil Procedure §§1245.210, 1245.220). At the Commission’s March 16, 2022 meeting, DWR presented a report on each property, required by the Commission’s Procedures for Resolutions of Necessity and Eminent Domain, (adopted August 17, 2011, revised February 20, 2013) containing information required by Code of Civil Procedure §§1245.230, 1240.510, and 1240.610. At this meeting, the Commission will consider additional information, if any, and determine if there is enough evidence to satisfy Code of Civil Procedure §§1245.230, 1240.510, and 1240.610. The Commission may choose to take action at this meeting. To adopt a RON requires a two-thirds vote of all members, which is a minimum of six votes in favor of the RON regardless of the number of Commission members present.

9A. Yolo Basin Farms Inc.; Assessor’s Parcel Number (APN) 033-220-046

9B. Daniel G. Engstrom, et al.; APNs 042-270-007 and 042-260-019