Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Cdo Kollenberg Scott River topic
No spam. Unsubscribe anytime.
State Water Board adopts cease‑and‑desist order against water diverter in Scott River watershed
Summary
The State Water Resources Control Board on April 2 adopted a cease‑and‑desist order prohibiting diversion by David Kollenberg until he complies with measurement and reporting regulations for diversions in the Scott River watershed; the vote was unanimous.
The State Water Resources Control Board voted unanimously April 2 to adopt a proposed cease‑and‑desist order (CDO) against David Kollenberg for failing to install required measurement equipment and to comply with diversion measurement and reporting regulations at points of diversion on tributaries to the Scott River.
Sam Bivens of the Administrative Hearings Office presented the prosecution team's proposed order under Water Code section 1114(c)(2) and summarized the record. Bivens said Kollenberg claims pre‑1914 water rights and has diverted significant volumes in prior years but did not install devices capable of hourly recording as required for claims of that size. Bivens said the respondent requested a hearing but did not introduce evidence showing a compliant measurement installation or an approved alternative compliance plan. "Measurement is incredibly important for your administration of California's water‑rights system," Bivens told the board, and he recommended adoption of the proposed CDO.
After brief remarks from Office of Enforcement staff, a board member moved to adopt the proposed order and a second was recorded. Clerk Courtney Tyler called a roll call vote and all members present voted yes; the board adopted the order.
What the order does: the adopted CDO prohibits Mr. Kollenberg from diverting under the claims at issue until he installs and maintains measurement devices or otherwise complies with the board's measurement and reporting regulations. The order follows a history of inspections, notices of violation and administrative civil‑liability proceedings described in the AHO record.
Why it matters: the Scott River watershed supports salmon habitat and the board cited the watershed's ecological sensitivity and the need for reliable diversion data in explaining the decision. The board noted that Kollenberg had multiple opportunities to comply and that the public interest weighed for enforcement of the measurement rules.
Roll call: Board member Morgan — Aye; Board member Firestone — Aye; Board member Maguire — Aye; Vice Chair D'Adamo — Aye; Chair Joaquin Esquivel — Aye. The motion carried unanimously. The adopted order will be posted with the board's official orders and notices and the record is available through the Administrative Hearings Office files.
