At public forum on Aug. 19, Gary Mulcahy (spelling in transcript: Mokahi/Mulcahy), speaking for tribal interests, asked the State Water Board to reconsider scheduled hearing dates for the July 2025 proposed update to the Bay‑Delta Plan (POI update) and to grant an extension of time to submit comments.

Mulcahy said tribal members across the state have year‑end and sacred ceremonies in August, September and October and called attention to a scheduled hearing on Sept. 26 — California Native American Day — that would prevent meaningful tribal participation. He said tribes will be traveling to and from the state capitol for observances and that the packed calendar of hearings (including separate water-rights permit hearings connected to the Delta conveyance project) is straining tribal capacity to participate.

Why it matters: The Bay‑Delta Plan and related water-rights hearings affect tribal resources, fisheries, and sovereign interests. Mulcahy said meaningful tribal participation requires scheduling that avoids conflicts with recognized tribal observances and allows time for technical and legal preparation, particularly where multiple proceedings overlap.

What tribes requested

- A 90‑day extension of the comment deadline that had been set for Sept. 2 and later hearing dates moved into October (Mulcahy said tribes requested this in an Aug. 7 letter).
- Action on a pending civil‑rights (Title VI) complaint that Mulcahy said has been on the board’s agenda for more than a year without resolution.

Board response

Chair Esquivel and staff acknowledged the scheduling conflict and said they would reconvene internally to try to find dates that would allow tribal participation. Esquivel said the board had extended the comment period in response to earlier requests and that staff would continue to engage with tribes and environmental‑justice communities. Mulcahy thanked the board and emphasized that, in his view, holding hearings on California Native American Day would be discriminatory because it would prevent some tribal representatives from participating.

Ending

Board staff said they would review the schedule internally and attempt to accommodate tribal requests; no formal rescheduling decision was made during the meeting. Mulcahy also reiterated his request for action on the pending Title VI complaint and asked the board to either resume negotiations with EPA investigators or resubmit the complaint for investigation.