CSPA

Russian River Watershed

Gauer Ranch Project Delay

December 1994

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

P.O. BOX 357

QUINCY, CALIFORNIA 95971

State Water Resources Control Board December 16, 1994

P.O. Box 100

Sacramento, CA 95812-2000

Re: Gauer Ranch Project; Huntington Beach Company, Applicant; Proposed Water Rights Hearing; Applications 29703, 29704, 29705, 29706, 29707, 29708 and 29811; Sausal Creek tributary to Russian River.

Dear Chairman and Members of the Board:

The Gauer Ranch Hearing is scheduled for late January, 1995. We are formally requesting the State Water Board to delay the proposed Gauer Ranch Project Hearing for the following reasons:

1. The CSPA is a petitioner with other parties and filed a petition to list steelhead trout in California as either threatened or endangered under the protection of the federal ESA. The U.S. National Marine Fisheries Service (USNMFS) will determine whether or not to list the species on or about February 14, 1995. Shortly, the USNMFS will make a decision whether to list coho salmon as either threatened or endangered. The Russian River sustains both steelhead trout and coho salmon. Should either species be listed, a recovery plan will follow. We believe the proposed hearing is premature because the listing of either species may very well determine whether or not the Gauer Ranch Project water right applications should be approved as submitted, and whether or not additional fishery protection measures are necessary.

2. The Division has accepted 82 water right applications on the Russian River watershed. These applications are pending before the State Water Board. We have requested the Board to delay processing these applications until a cumulative environmental impact analysis is completed. The Gauer Ranch Project water right applications are 6 of those 82 applications.

The pending water right applications raise questions regarding the availability of water within the Russian River system, the cumulative impact that could result from the approval of 82 applications, and instream flows needed in the main stem of the Russian and tributaries to protect fishery resources. The Resources Agency is intent on developing an MOU with appropriate parties for the development of a comprehensive plan for the Russian River watershed. We believe the Gauer Ranch Hearing is premature, and that the Gauer Ranch Project water right applications need to be delayed as well as all pending applications. That would be reasonable and fair.

We are concerned that the Gauer Ranch Hearing will cause many of the other applicants to complain to the Board and demand their applications are approved. We believe the State Water Board should not give one party special treatment and consideration. In our view the Huntington Beach Company is being given special treatment and special consideration.

On January 4, 1994 the State Water Board will hold the Russian River Workshop. What might come out of the workshop is a host of studies, the results of which could affect the Gauer Ranch water right applications. This is another good reason to delay the hearing.

In conclusion, we believe it would be in the Board's best interest as well as in the best interest of the public trust resources of the Russian River watershed to delay the hearing.

Your serious consideration of this request would be appreciated.

Respectfully Submitted

_____________________________________

Robert J. Baiocchi, Consultant

For: California Sportfishing Protection Alliance

P.O. Box 357

Quincy, CA 95971

Bus Tel: 916-283-3767 (CSPA Office) or 916-283-1007 (Law Office)

cc: Walt Pettit, Executive Director, SWRCB

Edward Anton, Chief, Division of Water Rights

Mike Jackson, Counsel, CSPA

Interested Parties

For further information contact Bob Baiocchi at either 530-836-1115 or

at e-mail address: cspa@psln.com