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State Water Board adopts cease‑and‑desist order against diverter for failing to install measurement devices
Summary
The board unanimously adopted a cease‑and‑desist order prohibiting diversion by David Kollenberg until he complies with measurement and reporting regulations after an AHO hearing found no evidence he installed required monitoring devices.
The State Water Resources Control Board on April 2 adopted a cease‑and‑desist order against David Kollenberg after the Administrative Hearings Office found he had not installed required diversion‑measurement equipment.
The board voted unanimously to adopt the order after the prosecution team and the Administrative Hearings Office presented the record. Sam Bivens of the Administrative Hearings Office summarized the case, saying Kollenberg diverts under pre‑1914 claims from Orofino and Kittera creeks, tributaries to the Scott River, and that the diverter had previously reported annual diversions of more than 1,000 acre‑feet in a year.
Bivens said the Division of Water Rights determined Kollenberg was not complying with the board’s measurement and monitoring regulations for water rights that claim more than 1,000 acre‑feet. The hearing was held at the respondent’s request on Oct. 14, 2024. “It was undisputed that he had not complied with that obligation,” Bivens said.
The proposed order would bar Kollenberg from diverting under his claimed rights until he installs a measurement device capable of hourly recording or otherwise satisfies the board’s measurement rules. The prosecution team said Kollenberg had multiple opportunities to comply, did not submit an alternative compliance plan, and did not provide evidence at the hearing; no comments on the draft order were received from the respondent.
Office of Enforcement staff supported adoption at the board meeting. The board approved the order in a roll‑call vote: Board Member Firestone — aye; Board Member Morgan — aye; Board Member McGuire — aye; Vice Chair D’Adamo — aye; Chair Joaquin Esquivel — aye. The board’s action was taken under the authority of Water Code procedures for administrative hearings and enforcement.
Ending: The order requires Kollenberg to bring his diversions into compliance with measurement and reporting regulations before resuming diversions under the recognized claims. The AHO and Division of Water Rights will continue enforcement and compliance monitoring.
