CSPA
Arroyo Grande Creek Steelhead
CSPA Letter to Department of Fish and Game
February 1994
Mr. John Turner, Chief February 24, 1994
Environmental Services
Department of Fish and Game
1416 Ninth Street
Sacramento, CA 95814
Re: Arroyo Grande Creek; San Luis Obispo County; Complaint by William L'Hommedieu.
Dear Mr. Turner:
Please find enclosed a letter to William L'Hommedieu from Mark Stretars of the Complaint Unit of the Division of Water Rights, dated February 10, 1994. William L'Hommedieu filed a complaint with the State Water Board concerning the lack of flows at all times in Arroyo Grande Creek from Lopez Dam to protect the public trust southern steelhead resources. Also, please find enclosed a letter directed from the California Sportfishing Protection Alliance to Mark Stretars of the Complaint Unit concerning the complaint, dated February 24, 1994.
The purpose of this letter is that we are requesting the Department of Fish and Game to provide comments and recommendations to Division of Water Rights concerning the complaint and Permit 12814. We are requesting comments and recommendations related to the protection and restoration of the public trust southern steelhead trout of Arroyo Grande Creek. We urge the Department to recommend that water is released from Lopez Dam in accordance with Fish and Game Code 5937 to restore this species and its habitat, including the ecosystem of Arroyo Grande Creek.
The following information should be of use to the Department. I consulted with William L'Hommedieu and other interested parties and was advised of the following:
o There is two (2) plus miles of streambed, dry as a bone, directly below Lopez Dam. From time to time the District makes releases of water to downstream water users for irrigation purposes.
It is my understanding about 4,000 acre-feet of water is conveyed to downstream water users annually. There is a potential that a conjunctive use alternative could be implemented that could provide water for both the fishery and the downstream water users.
o The lower portion of Arroyo Grande Creek has been turned into an irrigation ditch. It is my understanding there are a number of surface and pump (underflow) diversions along the lower portion of Arroyo Grande Creek. I do not know the status of their water rights.
o Return flows from agricultural uses is having an impact to water quality in the lower portion of the river. William L'Hommedieu has contacted the regional water quality control board staff about the problem. Water quality problems from return flows may be having adverse impact to fish and aquatic species and their habitat.
o Arroyo Grande Creek did sustain a run of southern steelhead trout according to local sources. I advised William L'Hommedieu to contact the Department in the event steelhead are observed in the stream by interested parties. Also, there may be other species of fish and aquatic resources in the stream, including threatened and endangered fish, wildlife and plant species.
o There are several tributaries which flow into Arroyo Grande Creek downstream and below Lopez Dam. About two (2) plus miles below the dam two unnamed tributaries flow into Arroyo Grande Creek. Further downstream Tar Spring Creek flows into Arroyo Grande Creek. Further downstream, Guaya Canyon and Berros Canyon flow into the stream. Just above the lagoon, an unnamed tributary flows into Arroyo Grande Creek. I do not know whether these tributaries to Arroyo Grande Creek flow year round.
o William L'Hommedieu advised me that he consulted with the staff of the Department in the local area. He indicated that he was advised the Department cannot find historical information and data on Arroyo Grande Creek and the Lopez Project. We hope this is not true.
o Arroyo Grande Creek, Lopez Creek, Wittenberg Creek, Huffs Hole Creek, Phoenix Creek and Clapboard Canyon flow into Lopez Reservoir. [See DeLorme Map; Southern and Central California; Atlas & Gazetteer] The Lopez Creek Watershed commences in the Santa Lucia Wilderness Area and contains many tributaries, including rainbow trout. Arroyo Grande Creek does not flow year round, but Lopez Creek does flow year round. Consequently, it appears Arroyo Grande Creek below its confluence with Lopez Creek flowed year round during the pre-project (Lopez Project) period. It also appears that steelhead trout might have migrated into the Lopez River Watershed during the pre-project period, however Lopez Dam blocks upstream migration for steelhead trout.
According to DWR Bulletin 216; Inventory of Instream Flow Requirements Related to Stream Diversions; December 1982 (page 294) there is an agreement between the Department and the District. This report cites "fish barrier and trapping facility agreements". Your staff might want to check to see whether the District complied to the agreement. Please forward a copy of this agreement to me.
We recommend the Department file a protest on the water right application filed by the San Luis Obispo County Flood Control and Water Conservation District when the application is notice.
Perhaps your staff should contact William L'Hommedieu and conduct an on-site visit with him to determine the various fishery and environmental problems. He can be reached at 805-528-2823.
We have taken the position that in the interim period, the District should be required by the State Water Board to release 50% of the inflow into Lopez Reservoir to protect and restore the public trust resources of the Arroyo Grande Creek from the dam to the ocean. The reasoning behind our flow recommendation is the balancing of the beneficial uses between the water users and the public trust resources until an IFIM study determines the amount of water necessary to protect the public trust fishery resources. We have recommended to the Division of Water Rights that the District should fund the IFIM study. We also raised the question whether the District's direct diversion from Arroyo Grande Creek is the authorized or unauthorization use of the state's water.
We look forward to your response to this letter.
_______________________________________
Robert J. Baiocchi
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 916-283-3767 (Quincy Office), 916-836-0338 (Home Office) and 916-283-1007 (law office)
Fax: 916-283-5017
cc: William L'Hommedieu
Jim Crenshaw, President
California Sportfishing Protection Alliance
Bill Jennings
California Sportfishing Protection Alliance
Mike Jackson, Counsel
California Sportfishing Protection Alliance
Tom Gregory
California Sportfishing Protection Alliance
Interested Parties
Attachments
For further information contact Bob Baiocchi at either 530-836-1115 or
at e-mail address: cspa@psln.com