VOL . 37 • ISS . 04 Feb 2 - 16 , 2018

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They cancelled the hearings to give the hearing officers time to review all four motions filed by counties , cities , fishing groups and environmental organizations yesterday asking for a 90 day stay in the hearings , due to alleged illegal “ exparte communications ” and meetings between the Department of Water Resources and State Water Board staff .

“ Unless the hearing officers notify the parties of any additional changes to the hearing schedule , the parties should assume that Part 2 of the hearing will resume on February 2 , 2018 with policy statements only . Unless rescheduled the evidentiary portion of Part 2 will resume on February 5 , 2018 ,” the team said .

The Save the California Delta Alliance yesterday filed a request for continuance of the California Water Fix proceedings at the State Water Board . The alliance , represented by lawyer Michael Brodsky , alleges ex-parte communications between DWR and State Water Board staff , and requests that steps be taken to correct the problem , such as “ disqualification of hearing team members and replacement with administrative law judge ; removal of flow criteria from evidentiary hearing and including it with the Bay Delta Water Quality Control Plan update , or dismissal of the petition .”

This emails documenting the ex-parte communications were released through a California Public Records Act ( CPRA ) request by Patrick Porgans and Associates .

Brodsky was encouraged by today ’ s decision by the California Water Fix hearing team .

“ It ’ s a recognition that this is a very serious situation and that the ultimate outcome of the hearings could be irrevocably tainted if they don ’ t take some action on the ethical violations that have taken place ,” said Brodsky . “ They gave the Department of Water Resources until Friday to respond . It might have been better to REQUIRE DWR to respond .”

“ I ’ d like to thank Patrick Porgans , who brought this whole situation to our attention with his CPRA request ,” emphasized Brodsky .

Read the request for continuance here : https :// mavensnotebook . com / wp-content / uploads / 2018 / 01 / req-for-continue-tofile-002 . pdf

San Joaquin County , Sacramento County , City of Stockton , City of Antioch , and Local Agencies of the North Delta also jointly prepared and filed one motion yesterday asking the State Water Resources Control Board ( SWRCB ) to stay the hearing on the controversial project at least 90 days . You can read the motion here : http :// www . restorethedelta . org / wp-content / uploads / Motion-to-Stay-or- Continue-WaterFix-Part-2-Hearing . pdf “ We ’ re asking the water board to look at the scope of the exparte communications and the implications of those communications for the water rights hearing . We don ’ t think part 2 of the hearing should proceed until this critical investigation has been completed , since the entire hearing may have been compromised ,” said Osha Meserve , one of the attorneys for the protestant .

Tom Keeling , attorney at the Freeman Firm , noted in a recent press release that , “ The unlawful ex parte communications in this case are substantive and concern issues at the heart of the ongoing evidentiary proceeding . These ex parte communications violate constitutional due process requirements , California law , rules of the Board itself , and other ethical guidelines that apply in such proceedings .”

In addition , numerous other counties , water agencies and environmental groups , including the California Sportfishing Protection Alliance ( CSPA ), have filed joinders — and additional joinders to the motions are expected to be filed .

“ This is an egregious violation of due process ,” said Bill Jennings , Executive Director of the California Sportfishing Protection Alliance ( CSPA ). “ The hearing staff and hearing officers are absolutely

we are still waiting . I want to get out soon though and give it another go . And I have to buy a second sturgeon card .

The recent rains should have brought out the hungry fish , and it did , for a day here and a day there . How is it that a 6-pack can get 4 sturgeon one day and none

Or suddenly the stripers show up for a day ? ell , that is exactly what is occurring . Needless to say , the good bites have yet to take place when I ’ m on the boat , yet hope springs eternal .

At a time of the year when stripers should be hunkered down , all of a sudden they go on a tear in Honker , Cache or Suisun . Even more astonishing , they rip up your lure when trolling .

And why one might ask ? Hopefully you won ’ t ask me , as the response will be … don ’ t know . If the grab is good for a week , it ’ s pretty easy to figure out the conditions , but for just one day , who knows ?

The striper migration up the Sac is right around the corner , where trolling will work well on that one given day . And , of course , bait will work well too . When baiting , it ’ s possible to latch on to one of those late-run sturgeon . Be prepared .

Is there a tip here ? Sure is !

Be out there on that one day . Another tip might be to check out the shallow water , that is , a depth of less than 10 feet . Many of the good days have been in really shallow water this season , more so than in past years , or

By Dan Bacher

prohibited from any private communications with any involved parties , since this a quasi-judicial proceeding .”

“ There needs to be a full investigation including discovery and depositions of hearing staff and officers . While the emails reveal significant bias , they represent only the tip of the iceberg ,” said Jennings .

The most critical approval needed for Governor Brown ’ s twin tunnel legacy project is that of the State Water Resources Control Board . The approval process was initiated by DWR and the U . S . Bureau of Reclamation in August 2015 , when they filed a Petition for Change in water diversions .

The motions were filed at a time when the California Department of Water Resources is going through a major shake-up as opposition to the project builds throughout the state .

On January 11 , the agency announced the appointment of Karla Nemeth as DWR Director at the same time that her husband works as a senior strategist for the Metropolitan Water District , a key promoter of the WaterFix .

In December 2016 , I broke the story here in the Fish Sniffer on the first major staff changes taking place in a major shakeup at DWR , beginning with the retirement of the Director and Chief Deputy Director of the Department of Water Resources .

Then on the afternoon of January 16 , Associated Press reporter Ellen Knickmeyer released a story with updates to the breaking news from last Friday about the Brown Administration ’ s plan to scale back the Delta Tunnels project : https :// www . apnews . com / c21ecee6cad9446c850c8fba9b29b1d8 / California-governor-proposes-one-tunnel-water-plan

Her report confirms what many environmental groups have suspected - that the state would build one tunnel now , and eventually build the second tunnel at a much later date , according to Restore the Delta .

“ The revised state proposal talks of building the tunnels in stages , with one of the four-story-high tunnels built now , and another at some indefinite date ,” said

so it seems to a failing memory .

I ’ m aware of some boats not getting bit in 20-30 feet of water , then move into the flats and get into the action almost immediately . The size of your boat needs to be taken into consideration here , as you ’ ll be anchored up in a tidal zone .

Is there any need to explain what could happen if you don ’ t move quickly enough to reset in deeper water ? If you have enough food and drink , ( am referring to coffee here ), the incoming tide is only about 6 hours away .

And don ’ t forget to tilt up your engine either . As you prepare to get out of Dodge , don ’ t crank up while your prop is still touching mud .

Are there enough newbies to sturgeon fishing that the old float on the anchor rope need be discussed again ? It ’ s not totally out of the realm of possibility that a real “ denizen of the deep ” will grab your eel and take off for what ’ s left of the mothball fleet .

The open water whence they used to be is a tad depressing , recalling the many stories related to that section of the river . This possibility dictates either bringing in

Knickmeyer . “ Water contractors have previously talked of the possibility of permanently paring the project from two tunnels to one , in hopes of winning support for a smaller project .”

Delta Tunnels proponents characterized the plan to scale back the tunnels as a “ desperate maneuver ” to keep the project alive when it it makes no scientific , economic or financial sense .

“ The Department of Water Resources is functioning at the direction of Metropolitan Water District to begin contracting for construction on a single tunnel project with two intakes , and then to later phase in an additional tunnel as funding becomes available ,” said Barbara Barrigan-Parrilla , Executive Director of Restore the Delta .

“ This is a desperate maneuver to keep CA WaterFix alive . This is not the project described in the Environmental Impact Report for CA WaterFix , or in the permit application presented by the Department of Water Resources and the Bureau of Reclamation for the hearings at the State Water Resources Control Board ,” said Barrigan-Parrilla .

She also said Californians “ have a right to know how long construction would take , what the impacts would be on Delta communities , fish , and wildlife under an even longer construction period , how much water would be delivered and when , and what the costs of a phased in project would be .”

“ A cost-benefit analysis still needs to be completed . Any attempt to move forward with the project without new environmental documents and project applications is an attempted end-run around California voters and water users . It is bad planning , and bad politics ,” Barrigan-Parrilla concluded .

The Delta Tunnels , whether one or two tunnels are built , would likely lead to the extinction of Delta and longfin smelt , Central Valley steelhead , winter and spring-run Chinook salmon , green sturgeon and other fish species on the Sacramento-San Joaquin River . The project also poses a major threat to the imperiled coho salmon , spring and fall run Chinook salmon and steelhead on the Trinity and Klamath rivers .

your anchor or throwing it overboard .

Many years ago we truly witnessed this happen on the Sacramento River and the rope went overboard without a float . Fortunately for the angler , another boat was close enough to mark the spot and assist in the anchor retrieval .

A different experience was when two anglers in a 14 foot boat hooked up a huge salmon . Again , no float . As the lucky angler was screaming for his partner to do something , he did .

After tying both life vests to the anchor rope , overboard they went and a trek downstream quickly followed . Any chance they might have been in violation of the regulation that says the vests must be in the boat ?

It might also be considered to bleed a kept sturgeon . I ’ m guessing sea lions are smart enough to not bite into a tethered sturgie , but a few have yet to learn that lesson . No need to allow them to wise up on your fish .

Next time well take a look at the soon to be wide open spring fishery . Seeya then and Tight Lines !!!