A large number of people were scheduled today to testify and comment on the Delta Conveyance Project (DCP), potentially the most environmentally destructive public works project in California history, when a bizarre hacking incident occurred on the Zoom platform that the California State Water Resources Control Board was using for a hearing.
The hearing was regarding the pending petitions for a change in water rights by the California Department of Water Resources that are required to move forward with the Delta Tunnel. The project is opposed by a coalition of Tribes, fishing groups, environmental organizations, Delta counties, Delta water districts, Delta farmers, Southern California water ratepayers and the public.
When the hearing started, one of the attendee windows displayed a graphic obscene video with a synthetic or altered voice saying loudly, “Shut this Zoom Call Down.” The hacker took over the audio so the Hearing Officer could not speak, so she shut the hearing down.
I had tried to get on the call myself, but it had been shut down before I could access their Zoom platform.
Delta Tunnel opponents expressed their concern that that the Zoom link hadn’t been secured enough to stop the hacking from occurring.
”We are extremely concerned that this meeting was hacked after we have worked for one month to turn out ppl for policy statements,” said Barbara Barrigan-Parrilla in a email at 9:27 a.m. “If the water board insists on doing virtual meetings, they must secure their online platforms. Organizing for today has cost Restore the Delta tens of thousands of dollars. We do not get to recoup from these kinds of errors. We are waiting right now to hear from the Water Board what is going to happen for today’s meeting.”
On Facebook, Barrigan-Parrilla added later: “For those who wanna know the hearing was hacked and loaded up with extreme porn, pornographic images, swastikas and racist language. The state board failed to take it down quickly. They then gaslit us about whether the hearing was going on later in the afternoon and they have no regard for the fact that this was our community day. We spent tens of thousands of dollars organizing this effort and now they think we’re gonna rush it and redo it in eight days when our members are traumatized.”
In response to the platform hacking, the Water Board finally sent out two emails to those on the list to speak at the hearing. The first, sent from the Administrative Hearings Office at 11:53 a.m., indicated the hearing would be rescheduled for 1 pm today:
“The AHO is consulting with the Board’s internet security team to determine whether and how the hearing can be safely reconvened on the Zoom platform. At this time we intend to attempt to reconvene at (and no sooner than) 1 p.m. Additional security measures will likely be required so entry into the Zoom teleconference may not be immediate. If any interested person who intended to make a statement today is not able to join this afternoon, the AHO will provide another opportunity for making those statements.”
But then the second email, sent out at 1:04 p.m, said the hearing had been cancelled for today, March 25 and April, 2025 — and will reconvened on April 3.
“After meeting with the Board’s Division of Information Technology, I am cancelling the hearing days in this proceeding scheduled for today (March 24), March 25, and April 1,” wrote Nicole L. Kuenzi, Presiding Hearing Officer, Administrative Hearings Office State Water Resources Control Board. “The AHO will reconvene the hearing at 9 a.m. on April 3. The Zoom account and host credentials used to conduct AHO proceedings were compromised, and I will not reconvene these proceedings until the matter has been fully investigated and the virtual hearing space is secure.”
“The assault on this public proceeding was vicious, cowardly, and abhorrent,” Kuenzi continued. “We will conduct a fair and open hearing, and it will be conducted respectfully and with civility. I personally ask each of the parties and their representatives for your support in ensuring that end.”
“The AHO will follow up with additional information this week about accessing the Zoom platform and any additional security measures that may be required,” she concluded.
The Delta Conveyance Project is Governor Gavin Newsom’s multi-billion dollar project to build a 41-mile long tunnel that would divert water from the Sacramento River at Hood and Courtland before it flows through the Delta for use by San Joaquin Valley corporate agribusiness interests and Southern California water agencies.
The tunnel would hasten the extinction of Sacramento River spring-run, winter-run and fall-run Chinook salmon, Central Valley steelhead, Delta and long fin smelt, green sturgeon and other imperiled fish species. It would cause immense harm to Delta communities, coastal fishing communities, Tribal cultures and Southern California water ratepayers.
Specifically, the State Water Resources Control Board Administrative Hearings Office is holding the public hearings on the pending Petitions for Change of Water Right Permits 16478, 16479, 16481, and 16482 (Applications 5630, 14443, 14445A, and 17512, respectively) of the Department of Water Resources.
March 26 Update:
This is the latest letter I got from the State Water Board Hearing Officer regarding the hacking of Monday's hearing on the Delta Tunnel. Policy statements are postponed until a date in mid-May to be determined:
Dear Parties and Interested Persons:
This e-mail is to follow up with next steps about resumption of the hearing on the proposed Delta Conveyance Project on April 3.
First, I want to acknowledge that, although the State Water Board’s hearing platform was the direct target of this cyberattack, everyone in the hearing room or viewing the proceeding on YouTube was harmed. In addition to the obvious disruption and the offensive nature of the content that was forced on us, the slurs and other abhorrent words and images seem to have been calculated to intimidate and inflict particular injury on certain groups and individuals. I find this aspect of Monday’s events particularly disturbing, as I believe many of you do as well. No one should have to risk being subjected to this type of visual and verbal assault when they participate in a government process. The AHO hearing room should be a space in which I can assure that each of you will be safe and treated with dignity – and during Monday’s hearing I could not. I sincerely apologize. I also wish to thank those of you who sent correspondence with information and helpful comments with respect to this incident over the last day.
The Board’s Hearing Team and Department of Information Technology have identified and are implementing significant additional security measures intended to prevent a similar cyberattack from interfering with this proceeding or any other hearing conducted by the AHO. In addition to implementing additional security measures for AHO hearings, the Board’s Department of Information Technology is conducting a forensic investigation of the incident to develop evidence for referral of the matter to law enforcement.
Going forward, the AHO will be conducting its proceedings using the Zoom Webinar platform, which includes increased security restrictions. Participants in the hearing will be required to register for the hearing and will receive individualized access credentials. With the exception of specific hearing dates and times reserved for policy statements by members of the public, only authorized representatives of parties listed on the service list and identified witnesses will be issued credentials to join the hearing. Only those people joining the hearing under the credentials of an authorized representative or as a witness will be allowed to remain in the hearing room. The AHO will circulate detailed information to the service list about these new procedures, and how to register for the hearing, on Friday, March 28. The hearing will continue to be live-streamed and publicly viewable on YouTube.
We will not hear policy statements on April 3. I am, however, committed to providing a fair opportunity for those who intended to deliver a policy statement on March 24 to comment in this proceeding. I will not allow the offensive and disruptive behavior that we experienced to undermine the opportunity for meaningful participation in the public process. The AHO staff are identifying a date in mid-May when a hearing room at the Cal EPA Building in Sacramento is available, and a majority of the Board Members could participate in person to hear policy statements. I will circulate that date within the next few days. We will conduct that day of hearing in hybrid format (in person with a remote option). In case anyone is unable to participate on that date, I will also schedule a subsequent Zoom only day for any remaining members of the public to present policy statements, which will occur at the time Protestants begin presentation of their cases-in-chief later this year. The AHO will circulate more information and instructions as to how interested persons will be allowed to join the hearing on policy statement hearing days and how the Zoom Webinar platform will be monitored to safely receive those statements. Members of the public are also welcome to submit policy statements in writing at any time during this proceeding to: dcp-wr-petition@waterboards.ca.gov.
I look forward to reconvening this hearing, securely, on April 3. Thank you for your patience and cooperation as we implement these new procedures.
Sincerely,
Nicole L. Kuenzi
Presiding Hearing Officer
Administrative Hearings Office
State Water Resources Control Board