Nick Wilcox August 9, 1994

Environmental Specialist

Environmental Unit

Division of Water Rights

P.O. Box 2000

Sacramento, CA 95812-2000

Re: Big Sur River; Application 30166 of James Hill III To Appropriate 1800 AF Of Water From the Underflow (5.84 CFS); Monterey County.

Dear Mr. Wilcox:

This is in response to a letter dated August 4, 1994, directed by you to Adolph Moskovitz, the agent for James Hill, in the above mentioned water right application process. Your letter addressed the conclusion of a meeting between all parties. The CSPA submitted a letter to you about some of the issues concerning said meeting, the water right application and the potential impacts to the environment of the Big Sur River. We stand firmly behind the comments in our letter.

We are not surprised by Adolph Moskovitz's tactics concerning the water rights process for Application 30166. Apparently the question was raised whether or not the applicant is diverting the underflow of the Big Sur River. As a result of that the Division will be conducting hydraulic continuity studies by a private unbiased consultant, to determine whether or not James Hill is pumping the underflow of the river.

If in fact James Hill was not diverting the underflow of the river, he would not have filed a water right application. He did. Consequently, by filing said water right application, James Hill has admitted to the fact that he was diverting the underflow of the river. We believe the burden of proof is that of the applicant to prove that he is not diverting the underflow of the river.

It is our understanding the Division has already concluded that James Hill was diverting the underflow of the river.

It is clear that James Hill must cease pumping water until the hydraulic continuity study is completed which proves that he is not pumping the underflow of the Big Sur River. In the event the hydraulic continuity study proves he was and/or is pumping the underflow, and in the event the Division does not require that he cease diverting the state's waters, that would constitute a cause of action against James Hill for unjust enrichment.

On the South Fork Gualala River, in the matter of the pumping of the underflow of the river by Sea Ranch, Adolph Moskovitz, on behalf of Sea Ranch, was able to delay the implementation of mandatory minimum daily environmental flow requirements to protect the public trust fishery resources for about 20 years. The CSPA (Bob Baiocchi), after hundreds of hours of work, finally had Sea Ranch agree to said mandatory daily environmental flow requirements. This is to advise Edward Anton, Mike Falkenstein and you that we do not want the same situation happening in this matter.

If there are any further questions, I can reached at my offices at 916-283-3767 or 916-283-1007 (Law Office). In the event I am not available, please talk to Tom Gregory or Mike Jackson at the Law Office.

Respectfully Submitted

___________________________________

Robert J. Baiocchi, Consultant

For: California Sportfishing Protection Alliance

P.O. Box 357

Quincy, CA 95971

cc: Mike Jackson, Counsel, CSPA

Tom Gregory, Para-Legal/Consultant

James Hill, Applicant

c/o Adolph Moskovitz, Agent

Interested Parties