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Restore the Delta urges board not to extend DWR time in Delta Conveyance hearing and to act on Title VI complaint
Summary
A Restore the Delta policy manager criticized the deputy director's response to a motion in the Delta Conveyance administrative hearing, saying the Department of Water Resources has not provided supplemental information requested years ago and urged the board to resolve a Title VI complaint.
Cynthia Cortez, policy program manager for Restore the Delta, urged the board to deny a request from the Department of Water Resources (DWR) for additional time to supply supplemental materials in the Delta Conveyance Project administrative hearing, arguing DWR has not demonstrated good cause and that the requested information was first sought in 2010.
Cortez told the board that "The Department of Water Resources has not presented a good cause for failing to present the supplemental information that has been requested." She said the data were initially requested by intervenor parties in February 2010 and remained unproduced, and questioned whether granting DWR more time would be fair to protestants and impacted Delta communities who would be affected by the project.
Cortez also urged the board to adopt a robust resolution addressing a Title VI complaint that she said concerns water-quality impacts borne disproportionately by tribes and communities of color in the Delta. "It is imperative that the board sign a resolution to the Title VI complaint that is robust and addresses the significant water quality impacts that particularly tribes and communities of color face in the Delta," she said.
Why it matters: the Delta Conveyance Project is subject to an administrative hearing process; delays or extensions in supplying material can affect the scheduling and the ability of protestants to prepare. Cortez framed the issue as one of procedural fairness and civil-rights oversight, urging the board to ensure timely production of materials and to consider Title VI remedies.
Board response: Chair Esquivel thanked Cortez for her remarks and noted the board would consider public forum comments as it proceeds. No board action was taken at the meeting on the Delta Conveyance procedural matter or on the Title VI complaint.
No formal board decision was reached during this session; Cortez's comments were included in the public record.
