Meeting of the California Water Commission - October 19, 2022

Start:
State of California, Resources Building, 715 P Street, First Floor Auditorium, Sacramento, CA, 95814

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/83534702265?pwd=T2VHc0FsNFMwSXhFNWhjK2FhSWJtdz09). 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: 835 3470 2265
Passcode: 021045
 
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. Closed Session

The Commission may hold a closed session, as authorized by Government Code §11126(e), to confer with and receive advice from its legal counsel regarding potential litigation, and as authorized by Government Code §11126(a).

4. Approval of September 21, 2022 Meeting Minutes

5. Executive Officer's Report

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

6. Commission Member Reports

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

7. 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.

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

On July 13, 2022, the Department of Water Resources (DWR) notified the Commission of its intent to seek Resolutions of Necessity (RONs) 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 September 21, 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.

8A. Ray and Della Thompson Trust, et al.; Assessor’s Parcel Number (APN) 042‐270‐017

Correspondence Received Regarding This Item:

8B. Huntington Family Trust, et al.; APN 042‐260‐024

Correspondence Received Regarding This Item:

8C. Howard C. Neill and Meredith Neill Revocable Trust, et al.; APN 033‐220‐004

8D. Jackson Rancheria Development Corporation; APNs 033‐210‐070 and 033‐210‐071

8E. EIP California, LLC; APNs 033‐440‐006, 033‐450‐001, 033-450‐002, 033‐220‐052, 033-220‐054, and 033‐190‐010

Correspondence Received Regarding This Item:

8F. Swanston Properties, et al.; APNs 033‐011‐007, 033-011‐015, 033‐011‐004, 014-600-073, 014-600-074, 008-010-003, 008-020-004

Correspondence Received Regarding This Item:

8G. Swanston West S, LLC; APN 042‐260‐026

8H. Rodney Williams; APNs 033‐220‐060 and 033-220‐067

Correspondence Received Regarding This Item:

8I. Lucky Five Farm, a co-partnership; APNs 033‐220‐007, 033‐220‐008, and 033‐220‐009

Correspondence Received Regarding This Item:

8J. Dennis Murphy and Maren Murphy, et al.; APN 033‐220‐063

8K. Channel Ranch, a Partnership; APN 033‐440‐002

Correspondence Received Regarding This Item:

9. Consideration of Evidence in Support of Resolutions of Necessity for the Yolo Bypass Salmonid Habitat Restoration and Fish Passage Project (Big Notch Project) – Batch D, Step 1

On September 8, 2022, DWR notified the Commission of its intent to seek RONs 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). DWR will present a report, required by the Commission’s Procedures for Resolutions of Necessity and Eminent Domain, (adopted August 17, 2011, revised February 20, 2013) (“adopted procedures”) containing information required by Code of Civil Procedure §§1245.230, 1240.510, and 1240.610. Possible direction to staff may include requests for additional information or arranging a site visit with a landowner’s consent, consistent with the adopted procedures. No action will be taken to adopt RONs for these properties at this meeting.

9A. David and Alice Te Velde, Revocable Family Trust dated April 21, 2006; APNs 057-100-016, 057-100-011, 057-100-015, 057-130-010, 057-020-006, 057-060-002, 057-060-005, and 057-060-011

9B. Ronald Lee Snider II; APN 033-220-062

9C. Martin J. Aroz and Joan M. Aroz Revocable Living Trust, U/A dated November 17, 1998; APNs 033-220-058 and 033-220-061

Correspondence Received Regarding This Item:

9D. Frank Webb Properties LLC, a California limited liability company; APN 033-190-037

9E. Running W Land LLC, Delaware limited liability company; APNs 033-190-036- and 033-190-038

9F. Albert J. Lassaga and Johanna G. Lassaga; APN 033-220-049

9G. H Pond LLC, a California Limited Liability Company; APNs 033-440-001, 033-440-004, and 033-440-005

Correspondence Received Regarding This Item:

9H. Skyrakers Duck Club, a California Corporation; APN 033-190-013

9I. Peter E. Glide, et. al.; APN 033-190-011

Correspondence Received Regarding This Item:

9J. Los Rios Farms, Inc., a California Corporation; APNs 033-140-017, 033-140-023, 033-140-032, 033-140-033, 033-140-034, and 033-140-035

10. Six-Year Drought: Presentation of Initial Interviews and Framework

Commission staff will share information about the long-term drought conversations held to date and will present a framework that outlines how the Commission will complete its work on long-term drought in support of Water Resilience Portfolio Action 26.3.

11. Consideration of Items for Next California Water Commission Meeting

12. Adjourn

*The Commission may break for lunch as needed.*

Written comments regarding specific items on this agenda will be provided to the Commissioners as part of their meeting packets if they are received by 5:00 p.m. on Monday, October 17, 2022. Written comments can be submitted to cwc@water.ca.gov. Staff will make every effort to provide comments received after this deadline electronically, but we cannot make any guarantees. Comments received by the Commission related to meeting agenda items will not be edited and will be posted to the Commission's webpage in their entirety.