CSPA
Lopez Dam; Arroyo Grande Creek
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
P.O. BOX 357
QUINCY, CALIFORNIA 95971
Mr. Lewis Moeller September 15, 1994
Complaint Unit
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Re: Lopez Dam; Arroyo Grande Creek; San Luis Obispo County Flood Control and Water Conservation District; Water Rights Permit Holder; Public Trust Complaint by California Sportfishing Protection Alliance.
Dear Mr. Moeller:
We have reviewed the memo directed from the Department of Fish and Game to you, dated August 3, 1994, concerning Lopez Dam and Arroyo Grande Creek. We greatly appreciate their professional biological opinion of Arroyo Grande Creek.
This memo supported the CSPA Public Trust Complaint. We have requested the State Water Board to require mandatory daily flows of water from Lopez Dam to restore and protect the public trust southern steelhead trout in Arroyo Grande Creek.
The only remaining issue is the amount of water which must be released by the District from Lopez Dam to restore and protect the southern steelhead of Arroyo Grande Creek as required by Fish and Game Code 5937 and Title 23 CCR Section 782.
We believe the District should be required to fund an IFIM fishery study to determine the amount of water necessary to restore and protect the southern steelhead fishery (all life stages, including spawning and migration flows - adult and juvenile). Another portion of the fishery study should be the restoration and protection of the Arroyo Grande Creek lagoon. Also, the riparian habitat along the stream may need to be fully restored because of the dewatering of the stream by the District's dam and reservoir. The District should be required by the State Water Board to fund this riparian restoration. The District should also be required by the State Water Board to fund channel restoration work in the area where the old gravel pit exist, including depositing steelhead spawning gravel so that the stream flows again to the Pacific Ocean and spawning habitat is available for the southern steelhead, provided daily mandatory releases of water are made from Lopez Dam as required by state law.
We believe we need to get the fishery, riparian habitat and channel restoration studies funded and implemented as soon as possible so that southern steelhead in this stream can recover as soon as possible. The reason behind that recommendation is that there are two petitions before the U.S. National Marine Fisheries Service to list southern steelhead trout as either threatened or endangered. The CSPA is a party to both petitions.
However, during the interim period and before the State Water Board can act on the results of the IFIM study, the District should be required to release 50% of the inflow into Lopez Reservoir from Lopez Dam into the stream to commence the recovery of the southern steelhead in Arroyo Grande Creek. In the event the CSPA interim flow recommendation is not acceptable to the District or the DFG, they can write you with interim flow recommendations.
In the event the District is opposed to releasing any water from the dam as required by state law and the Board's regulations and/or is opposed to conducting restoration work, a hearing before the State Water Board should be scheduled as soon as possible. We are prepared to go to hearing at this time.
However, we look forward to working with the District, DFG, and the staff of the State Water Board on this matter in restoring the former southern steelhead fishery of Arroyo Grande Creek.
If there are any further questions, I can be reached at either 916-283-3767 (CSPA Quincy Office) or 916-283-1007 (Law Office) or 916-836-0338 (Home Office).
A written response is appreciated.
Respectfully Submitted
_______________________________________
Bob Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
cc: John Turner, Chief
Environmental Services
Main Office
Department of Fish and Game
Chuck Marshall, Department of Fish and Game
1416 Ninth Street
Sacramento, CA 95971
San Luis Obispo County Flood Control and Water Conservation District
c/o Mr. George Protopapas, County Engineer
County Government Center
San Luis Obispo, CA
Bill L'Hommedieu
Los Osos, CA
Jim Crenshaw, President, CSPA
Bill Jennings, Chairman, CSPA
Mike Jackson, Counsel, CSPA
Tom Gregory, Para-Legal, CSPA
Interested Parties
For further information contact Bob Baiocchi at either 530-836-1115 or
at e-mail address: cspa@psln.com