Feb. 18, 1997 Restoration Hearing

STATE WATER RESOURCES CONTROL BOARD

PUBLIC HEARING

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REGARDING STREAM AND WATERFOWL HABITAT RESTORATION PLANS

AND GRANT LAKE OPERATIONS AND MANAGEMENT PLAN SUBMITTED BY

THE LOS ANGELES DEPARTMENT OF WATER AND POWER PURSUANT TO

THE REQUIREMENTS OF WATER RIGHT DECISION 1631

HELD AT:

STATE WATER RESOURCES CONTROL BOARD

PAUL BONDERSON BUILDING

901 P STREET, FIRST FLOOR HEARING ROOM

TUESDAY, FEBRUARY 18, 1997

9:00 AM

REPORTED BY: TERI L. VERES, CSR NO. 7522, RMR

CAPITOL REPORTERS (916) 923-5447

1 APPEARANCES

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3 BOARD MEMBERS:

4 JOHN CAFFREY, CHAIRMAN

JOHN W. BROWN, VICE CHAIR

5 JAMES STUBCHAER

MARY JANE FORSTER

STAFF MEMBERS:

JAMES CANADAY, ENVIRONMENTAL SPECIALIST

8 GERALD E. JOHNS, ASSISTANT DIVISION CHIEF

9 COUNSEL:

10 DAN FRINK, ESQ.

11 NATIONAL AUDUBON SOCIETY:

MONO LAKE COMMITTEE:

MORRISON & FOERSTER

13 425 Market Street

San Francisco, California 94105

14 BY: F. BRUCE DODGE, ESQ.

15 HEIDE HOPKINS

GREG REISE

16 PETER VORSTER

17 PANEL MEMBERS:

18 Frederic A. Reid, M.S., Ph.D

W. David Shuford

19 William J. Trush, Ph.D.

LOS ANGELES DEPARTMENT OF WATER AND POWER:

KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD

22 400

CAPITOL Mall, 27th Floor

Sacramento, California 95814

23 BY: THOMAS W. BIRMINGHAM, ESQ.

and

24 JANET GOLDSMITH, ESQ.

CAPITOL REPORTERS (916) 923-5447

846

1 APPEARANCES CONT'D

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3 RICHARD L. RIDENHOUR:

4 RICHARD L. RIDENHOUR, Ph.D.

5 CALIFORNIA TROUT, INC.:

6 NATURAL HERITAGE INSTITUTE

114 Sansome Street, Suite 1200

7 San Francisco, California 94104

BY: RICHARD ROOS-COLLINS, ESQ.

CALIFORNIA DEPARTMENT OF FISH AND GAME:

McDONOUGH, HOLLAND & ALLEN

10 555

CAPITOL Mall, Ninth Floor

Sacramento, California 95814

11 BY: VIRGINIA A. CAHILL, ESQ.

12 THE RESOURCES AGENCY

1416 Ninth Street, 12th Floor

13 Sacramento, California 95814

BY: NANCEE MURRAY, ESQ.

CALIFORNIA STATE LANDS COMMISSION:

15 CALIFORNIA DEPARTMENT OF PARKS AND RECREATION:

16 DEPARTMENT OF JUSTICE

MARY J. SCOONOVER, Deputy Attorney General

17 1300 I Street

Sacramento, California 95814

MICHAEL VALENTINE

21 ---oOo---

CAPITOL REPORTERS (916) 923-5447

847

1 INDEX

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3 PAGE

NATIONAL AUDUBON SOCIETY AND MONO LAKE COMMITTEE:

4 (PANEL OF FREDERIC A. REID, Ph.D. and W. DAVID SHUFORD)

5 DIRECT EXAMINATION

6 BY MR. DODGE...............................857

7 CROSS-EXAMINATION

8 BY MS. GOLDSMITH...........................873

(QUESTIONS ASKED BY MR. CANADAY FOR BLM)

9 BY MR. CANADAY.............................903

(QUESTIONS ASKED BY MR. JOHNS FOR BELLOMOS)

10 BY MR. JOHNS...............................906

BY MS. CAHILL..............................929

11 BY MS. SCOONOVER...........................945

BY MR. FRINK...............................961

12 BY MR. CANADAY.............................975

BY BOARD MEMBER BROWN......................990

REDIRECT EXAMINATION

BY MR. DODGE...............................992

RECROSS-EXAMINATION

BY MS. GOLDSMITH...........................1003

17 BY MS. SCOONOVER...........................1013

RICHARD L. RIDENHOUR

19 (PRESENTING DIRECT TESTIMONY ON HIS OWN BEHALF)

20 DIRECT EXAMINATION

21 BY DR. RIDENHOUR...........................1018

22 CROSS-EXAMINATION

23 BY MS. GOLDSMITH...........................1024

BY MR. ROOS-COLLINS........................1025

24 BY MS. CAHILL..............................1031

BY MR. DODGE...............................1046

25 BY MR. CANADAY.............................1061

CAPITOL REPORTERS (916) 923-5447

848

1 INDEX CONT'D

2 ---oOo---

3 NATIONAL AUDUBON SOCIETY AND MONO LAKE COMMITTEE:

(WILLIAM J. TRUSH, Ph.D.)

DIRECT EXAMINATION

BY MR. DODGE...............................1065

CROSS-EXAMINATION

BY MR. ROOS-COLLINS........................1069

8 BY MS. CAHILL..............................1083

BY MR. CANADAY.............................1094

REDIRECT EXAMINATION

BY MR. DODGE...............................1095

RECROSS-EXAMINATION

BY MR. BIRMINGHAM..........................1098

13 BY MR. JOHNS...............................1099

14 AFTERNOON SESSION.......................................945

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CAPITOL REPORTERS (916) 923-5447

849

1 SACRAMENTO, CALIFORNIA

2 TUESDAY, FEBRUARY 18, 1997, 9:08 AM

3 ---oOo---

4 CHAIRMAN CAFFREY: Good morning and welcome back to

5 the Mono Lake Restoration Plan proceeding. In case there

6 are any new faces in the audience, my name is John Caffrey.

7 I'm the Chairman of the State Water Resources Control Board

8 and I am acting as Hearing Officer in this proceeding.

9 With me today is our Board's Vice Chair, John Brown.

10 Other Board Members may be joining us throughout the day.

11 This is in keeping with what I had announced in a previous

12 hearing.

13 I'd also like to make an announcement about a dear

14 friend and colleague, Marc Del Piero. Some of you may not

15 know this, but Marc about a week and a half ago, maybe two

16 weeks ago sustained a very serious back injury. He has

17 undergone surgery last Wednesday, and I've been trying to

18 get an update on what his current condition is. As late as

19 last Friday they were concerned about the outcome of the

20 surgery and were considering the possibility of yet another

21 surgery, but we hadn't heard yet.

22 So, anyway, we'll try to keep you informed. Marc has

23 been an integral part of the Mono Lake process since its

24 inception more or less publicly before this Board, and so

25 we're very concerned. It isn't anything that he's not going

CAPITOL REPORTERS (916) 923-5447

850

1 to recover from, but he's in a lot of pain and our thoughts

2 are with him.

3 He also wants you all to know that his interest in

4 this proceeding, in the outcome of this proceeding remains

5 very high and the record of these proceedings will be

6 available to Marc at all times. So knowing his level of

7 dedication, I know that he will be -- continue to be very

8 involved in this, but I wanted you all to know.

9 With that, then, let the record also show that we have

10 been joined by Mr. Stubchaer. Good morning, Mr. Stubchaer.

11 BOARD MEMBER STUBCHAER: Good morning, Mr. Chairman.

12 CHAIRMAN CAFFREY: And when last we were convened we

13 had gone through partial cross-examination of the Bureau of

14 Land Management and then we had some discussion that we were

15 going to move ahead with a slightly different schedule to

16 accommodate certain witnesses and certain parties with the

17 schedule that we had laid out for today and then three days

18 next week.

19 So I presume that everybody has had a copy -- received

20 their copy of the new schedule such as it is and we will try

21 to adhere to that as best we can. The schedule I refer to

22 is the one that went with the letter that I signed recently

23 to the parties and we'll try to keep with that. Whether or

24 not we'll be able to stay with it in terms of finishing each

25 day precisely with everything that we had hoped to cover,

CAPITOL REPORTERS (916) 923-5447

851

1 that will remain to be seen; but I would like to ask all of

2 the attorneys representing the parties, as well as the

3 witnesses representing the parties, to do the best you can

4 to be succinct and crisp.

5 We're not looking, especially from the witnesses, for

6 dissertations in your answers. We know that there's a great

7 deal of expertise in the room, but we would prefer that you

8 be very direct in your answer, very clear and make it as

9 short as you can in the interest of getting through this

10 proceeding in the time that remains so that we can get on

11 with the development and adoption of an order by the Board

12 so that we can get to the actual action of protecting the

13 environs of the lake.

14 With that, then, unless there is something from the

15 other Board Members or anything I might have overlooked,

16 Mr. Frink, may we proceed with the schedule as laid out?

17 MR. FRINK: Yes, Mr. Caffrey. There was only one

18 comment I had, and that was the schedule that was attached

19 to your letter that went out last week listed a couple of

20 panels of witnesses for today and it indicated that

21 Dr. Ridenhour would be appearing on a panel with some other

22 witnesses.

23 My understanding is he would prefer to appear

24 separately, and it looks like it would accommodate

25 everybody's schedule and interest best if we completed the

CAPITOL REPORTERS (916) 923-5447

852

1 testimony of him before we got into the other witnesses on

2 stream matters. But that will come later in the day after

3 the testimony on waterfowl matters by Mr. Reid and

4 Mr. Shuford.

5 CHAIRMAN CAFFREY: But the concept is that we'll have

6 Mr. Ridenhour presenting his direct separately and not a

7 part of the kind of a mixed panel.

8 MR. FRINK: Yes, that's right.

9 CHAIRMAN CAFFREY: All right. You'll please remind me

10 of that if I forget when we get to Mr. Ridenhour.

11 Good morning, Mr. Dodge, and welcome, sir.

12 MR. DODGE: Thank you, good morning.

13 Mr. Johns had a suggestion that I was actually

14 thinking about myself. So I want to just sort of announce

15 it so everyone's aware of it.

16 I have very short testimony, which would be my Exhibit

17 3 and 3A from Southern California Edison, and specifically

18 from a gentleman named Ken Varnell, who I've never met. The

19 testimony relates to the present state of the return ditch

20 that goes from below the Lundy Powerhouse back to Mill

21 Creek.

22 I anticipate -- I understand Mr. Varnell is on the

23 eastern side representing SCE. I would have a marginal

24 preference that he be here and testify; but if people are

25 willing to stipulate that the exhibits that I mentioned

CAPITOL REPORTERS (916) 923-5447

853

1 could go into evidence without him coming over here and

2 testifying I'm prepared to do that, also.

3 CHAIRMAN CAFFREY: And you were -- when was he

4 scheduled to appear?

5 MR. DODGE: He's not scheduled right now.

6 CHAIRMAN CAFFREY: Oh, I see. You just wish to bring

7 him on as a witness and we don't have him anywhere in our

8 schedule at the moment; is that right?

9 MR. DODGE: I believe that's correct.

10 CHAIRMAN CAFFREY: Would the parties be willing to

11 stipulate? Is there any objection to what Mr. Dodge

12 proposes?

13 MS. GOLDSMITH: DWP has no objection.

14 CHAIRMAN CAFFREY: There does not appear to be any

15 objection, sir. If you will offer that, then, at the

16 time -- I presume you were going to offer that when you

17 offer all of your exhibits into evidence and we will so

18 stipulate.

19 MR. DODGE: Thank you.

20 CHAIRMAN CAFFREY: Thank you, Mr. Dodge.

21 Let the record will show that we have been joined by

22 Ms. Forster.

23 BOARD MEMBER FORSTER: Good morning.

24 CHAIRMAN CAFFREY: All right, then --

25 MS. GOLDSMITH: Mr. Chairman.

CAPITOL REPORTERS (916) 923-5447

854

1 CHAIRMAN CAFFREY: Yes.

2 MS. GOLDSMITH: I also have a housekeeping matter.

3 CHAIRMAN CAFFREY: All right, please.

4 MS. GOLDSMITH: Because Mr. Birmingham is unable to be

5 here today and he has the primary responsibility for

6 cross-examining Mr. Vorster, he'd like to defer his

7 cross-examination until Mr. Vorster's next appearance which,

8 I believe, is scheduled for next week.

9 CHAIRMAN CAFFREY: So that there would be no

10 cross-examination from the City at all then of Mr. Vorster?

11 MS. GOLDSMITH: At this point.

12 CHAIRMAN CAFFREY: At this point.

13 MS. GOLDSMITH: It would be deferred and he would do