Meeting of the California Water Commission - September 21, 2022

Warren-Alquist State Energy Building, 1516 9th Street, Rosenfeld Hearing Room, 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 ( 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: 881 8672 3270
Passcode: 077203
The meeting will be webcast live at: 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 July 20, 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.

Correspondence Received Regarding This Item:

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

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). 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.

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. M.G. and D. Kleary 2015 Trust, et al.; APN 033‐220‐068 This item will not be heard at this meeting.

8G. 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:

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

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

Correspondence Received Regarding This Item:

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

Correspondence Received Regarding This Item:

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

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

Correspondence Received Regarding This Item:

9. Water Storage Investment Program: Consideration of Site Visits (Action Item)

The Commission discussed considerations and options for potential site visits to Water Storage Investment Program (WSIP) project locations prior to projects’ final award hearings at its July 2022 meeting. The Commission will determine whether to conduct project site visits and how site visits would be conducted if the Commission decides to conduct them.

10. Water Storage Investment Program: Contracts for the Administration of Public Benefits

Water Code §79755(a)(3) states that, prior to receiving a final funding award, WSIP funding recipients must enter into contracts with the state agencies responsible for the administration of the public benefits produced by the project. Staff from the Commission, DWR, the California Department of Fish and Wildlife, and State Water Resources Control Board will discuss the process for developing contracts for the administration of public benefits for WSIP projects.

11. State Water Project Briefings: Current Steps to Address Climate Extremes

Briefings from DWR staff will continue to explore this year’s theme of preparing for climate extremes – ensuring a reliable State Water Project (SWP) to meet the challenges of drought, flood, and wildfire. The Commission will receive two briefings: one on the drought outlook for 2023, and another on the SWP’s ongoing climate resilience efforts and wildfire response planning.

12. Consideration of Items for Next California Water Commission Meeting

13. 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, September 19, 2022. Written comments can be submitted to 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