Temporary Victory

[WB Staff]

Restore the Delta, alongside the Delta Tribal Environmental Coalition (DTEC) Partners — including Buena Vista Rancheria of Me-Wuk Indians, Shingle Springs Band of Miwok Indians, Winnemem Wintu Tribe, Little Manila Rising, and the Environmental Justice Law and Advocacy Clinic at Yale Law School — joined forces with California Indian Environmental Alliance, partner environmental groups, Delta water districts, commercial fishing organizations, and Delta counties to present a compelling case at the recent pre-hearing conference concerning the Delta Conveyance Project. The conference, held at the State Water Resources Control Board (SWRCB), highlighted numerous conflicts that hinder the ability of protestants to respond effectively and prepare a case for the formal hearings.
DTEC emphasized the significant challenges faced by California tribes and environmental justice communities, which limit their ability to participate in the schedule proposed by the SWRCB Hearing Officer.
In response to these concerns, Hearing Officer Nicole Kuenzi issued the following statement:
“Based on the discussion during the August 13 pre-hearing conference and the pre-hearing conference statements, and in recognition that the period during which petitioners and protestants shall make a good faith effort to resolve protests continues until November 12, I am vacating the September 5 deadline to submit written comments on hearing issues and the November 4 deadline for all parties to file initial NOIs.
In the near future, the AHO [Administrative Hearing Officer] will issue an amended notice of public hearing setting a revised schedule for this proceeding.”
While this is a small, temporary win, it signals that permitting the Delta Conveyance Project will not be the straightforward process the Newsom Administration anticipates. Administrative law and due process are vital. Respect for tribes, communities, and local governments is essential. A motivated coalition stands united in opposition to the $20.1 billion Delta Conveyance Project, which still lacks committed water district funding and goodwill from the people of California.
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