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<br />Bufletin 160-98 Public Review Draft <br /> <br />003078 <br /> <br />Appendix 2A. Institutional Framework for Allocating <br />and Managing Water Resources in California <br /> <br />conditions in the Bay-Delta region and the availability of new evidence on beneficial uses of <br /> <br />water, <br /> <br />Racanelli Decision <br /> <br />Lawsuits by various interests challenged Decision 1485 and the decision was overturned <br /> <br /> <br />by the trial court in 1984. Unlike its predecessor, D-1379, whose standards had been judicially <br /> <br />stayed, D-1485 remained in effect. In 1986, the appellate court in the Racanelli Decision (named <br /> <br /> <br />after Judge Racanelli who wrote the opinion) broadly interpreted the SWRCB's authority and <br /> <br /> <br />obligation to establish water quality objectives, and its authority to set water rights permit terms <br /> <br />and conditions that provide reasonable protection of beneficial uses of Delta water of San <br /> <br /> <br />Francisco Bay. <br /> <br /> <br />The court stated that SWRCB needed to separate its water quality planning and water <br /> <br />rights functions. SWRCB needs to maintain a "global perspective" in identifying beneficial uses <br /> <br />to be protected (not limited to water rights) and in allocating responsibility for implementing <br /> <br />water quality objectives (not just to the SWP and CVP, nor only through the SWRCB's own <br /> <br /> <br />water rights processes), The court recognized the SWRCB's authority to look to all water rights <br /> <br />holders to implement water quality standards and advised the Board to consider the effects of all <br /> <br /> <br />Delta and upstream water users in setting and implementing water quality standards in the Delta, <br /> <br />as well as those of the SWP and the CVP. <br /> <br /> <br />SWRCB Bay-Delta Proceedings <br /> <br /> <br />Hearings to adopt a water quality control plan and water rights decision for the Bay-Delta <br /> <br />estuary began in July 1987. Their purpose was to develop a San Francisco Bay-Sacramento-San <br /> <br /> <br />Joaquin Delta water quality control plan and to consider public interest issues related to Delta <br /> <br /> <br />water rights, including implementation of water quality objectives. During the first phase of the <br /> <br /> <br />proceedings, testimony was heard on issues pertaining to the reasonable and beneficial uses of <br /> <br />the estuary's water. The second phase of the Bay-Delta hearings was to come up with a water <br /> <br />quality control plan, SWRCB adopted a final plan in May 1991. The federal EPA rejected this <br /> <br /> <br />plan in September 1991, setting the stage for preparation of federal water quality standards for <br /> <br /> <br />the Bay-Delta. <br /> <br />With the adoption of the Water Quality Control Plan, the SWRCB began the ErR scoping <br /> <br /> <br />phase and held several workshops during 1991 to receive testimony regarding planning activities, <br /> <br />2A-16 <br />