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May 27, 2016  |  Written by Lauren D. Bernadett

State Water Board Issues Draft Order Dismissing Complaint and $1.5 Million Penalty Against Byron-Bethany Irrigation District

On May 26, 2016, the State Water Resources Control Board (State Water Board) issued a draft order dismissing the administrative civil liability complaint against Byron-Bethany Irrigation District (BBID). The draft order also proposes to dismiss the draft cease and desist order against the West Side Irrigation District (WSID).

The State Water Board issued its draft cease and desist order against WSID on July 16, 2015. Four days later, on July 20, 2015, the State Water Board issued its administrative civil liability complaint against BBID. The complaint proposed a $1,553,250 penalty. BBID and WSID requested consolidated enforcement proceedings, and the State Water Board scheduled the consolidated evidentiary hearing to begin on March 21, 2016. The draft order is the result of State Water Board deliberations that ensued shortly after the evidentiary hearing began.

Somach Simmons & Dunn serves as general counsel to BBID and, under Daniel Kelly’s leadership, represented BBID throughout the administrative enforcement proceedings.

The draft order can be accessed here.

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