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!!!