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Public commenter questions legality of ex parte‑communication rules and Water Code section 13287 guidance
Summary
A public commenter argued that the Office of Chief Counsel's guidance on Water Code section 13287 and related disclosure models is invalid and urged the board to resolve conflicts before issuing certain reports and permits.
At the Sept. 3 meeting a public commenter raised legal concerns about the State Water Board's handling of permissible ex parte communications and the interpretation of Water Code section 13287. Ray Tahir of TEX Environmental reviewed prior staff responses and said the guidance accompanying section 13287 (January 2019 language and earlier Q&A) was invalid because it amended or created terms not enacted by the Legislature.
Tahir said the guidance and a disclosure model referenced in the office of chief counsel's Q&A were not part of…
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