Nick Wilcox July 20, 1994
Environmental Unit
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Re: Application 30166; James Hill III; Big Sur River; Application to Appropriate 1800 Acre-Feet (5.84 cfs) of Water From the Underflow of Big Sur River; Comments by California Sportfishing Protection Alliance, Protestant.
Attn: By Fax Communication to Nick Wilcox From Bob Baiocchi
Dear Mr. Wilcox:
On July 22, 1994, a meeting will be held at Monterey, California, to discuss issues in your July 15, 1994 submittal for the above mentioned water right application. Due to a conflict in my schedule, I can not attend said meeting. However, the following are the written comments of the CSPA, protestant, regarding the subject application and said issues:
1. Yes, the Applicant must be required to fund and prepare instreamflow fishery studies (IFIM) to determine the daily amount of water necessary to keep in good condition at all times the southern steelhead trout and its habitat (all life stages) and other fish species (all life stages) and their habitat in the Big Sur River.
2. The Applicant must also be required to fund and prepare fishery studies to determine the daily amount of fresh water needed in the Big Sur River Lagoon to keep in good condition at all times the southern steelhead trout (all life stages) and other fish species (all life stages) in the lagoon. i.e. upstream (adult) and downstream (juvenile) migration flows, water quality, etc.
3. The Applicant must be required to fund and prepare a detailed hydrology analysis to establish the hydraulic link between the Hill wells and the Big Sur River and the Big Sur River Lagoon. This analysis must evaluate and determine the amount of water available for appropriation during different seasons and during water year types. i.e. wet, above normal, normal, below normal, dry and critically dry years. The State Water Board must determine whether or not the waters of the Big Sur River are fully appropriated.
4. The Applicant must be required to fund and install a fulltime measuring devices below the present point of diversion. This measuring device must be installed and maintained immediately. Because of the unauthorized diversion and use of the state's water by the James Hill III, the Applicant must be required to submit said measuring device records on a monthly basis to the Division of Water Rights so that unauthorized diversions cease. Said diversion must be limited to 270 acre-feet per annum or 0.4 cfs per day (not to exceed 270 acre-feet per annum) until the Applicant has secured an approved water right permit from the State Water Board for addition water and diversion.
5. Surveys must be funded and prepared by the Applicant to determine the presence of threatened and endangered species (state and federally listed species) in the Big Sur River and in the Big Sur River Lagoon. Because southern steelhead and other species of steelhead in California are now being considered for listing by the USNMFS, we recommend that this species is treated as a candidate for listing in this proceeding and given special consideration that its habitat in the Big Sur River and Big Sur River Lagoon is not jeopardized or reduced. Also, Tidewater Goby, may exist in the Big Sur Lagoon. This species is protected under the federal ESA.
6. Yes, a water quality and also a water quantity monitoring study of the Big Sur Lagoon must be funded and prepared by the Applicant to track potential changes in lagoon salinity levels and to determine the effects to southern steelhead and other fish species and their habitat from reductions of fresh water flowing into the lagoon.
7. We have recommended a study of the Big Sur River Lagoon. Said study should include the monitoring of the mouth of the Big Sur River to determine at what specific flow rate the mouth of the river may be closed and does not flow into the lagoon.
8. Because of the potential direct and cumulative impacts to southern steelhead, Tidewater Goby, and other fish and aquatic species and their habitat of the Big Sur River and the Big Sur River Lagoon, the Applicant must be required to fund and prepare an Environmental Impact Report as required by the California Environmental Quality Act and its Guidelines.
Pursuant to Section 15130 of the CEQA Guidelines, the EIR must contain a cumulative environmental impact analysis of the entire Big Sur River Watershed which evaluates the proposed appropriation, the existing riparian diversion by the Applicant, other upstream diversions, and future diversions. Because of unauthorized diversion and use of the waters of the Big Sur River by James Hill III, the Applicant must be required to fund said cumulative environmental impact analysis. It would be unreasonable for all water users to share the responsibility of funding said cumulative analysis, because James Hill III is the applicant, and also because James Hill III has diverted the waters of the Big Sur River without a valid water right permit.
The CEQA Guidelines requires that alternatives are evaluated and included in said EIR. We recommend that one alternative in the EIR should be an off-stream reservoir located on the property of James Hill III, and that diversions and storage to said off-stream reservoir from wells be limited only during periods of high flows in the Big Sur River during water type years when high flows are available without impacting the public trust fishery resources of the Big Sur River and the Big Sur River Lagoon.
9. Pursuant to Section 1052 of the California Water Code, James Hill III, must be required and directed by the State Water Board to cease unauthorized diversions from the underflow of the Big Sur River to nonriparian lands. Also, pursuant to Section 1052, the State Water Board must levy fines against James Hill III for the unauthorized diversion of the state's water at a rate of $500 per day for each day of unauthorized diversion.
10. The Applicant proposes to divert 1800 acre-feet of water for use on 250 acres of land. The Applicant may have riparian rights to irrigate 90 acres of land. We believe the amount of water requested for appropriation by the Applicant would constitute the unreasonable use of the state's water. We believe the amount of water to be used under a water right permit for Application 30166 for use only on 160 acres of land must be limited to 480 acre-feet of water (3 acre-feet of water per acre), provided said water is available without impacting the public trust fishery resources of the Big Sur River and the Big Sur River Lagoon.
If there are any further questions, I can be reached at my offices at 916-283-3767 or 916-836-0338.
Respectfully Submitted
_______________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
cc: James Hill III, Applicant
c/o Adolph Moskovitz, Agent
Kronick, Moskovitz, Tiedemann and Girard
400 Capitol Mall
Sacramento, CA 95814-4417
Mary Wright and Ken Gray
California Department of Parks and Recreation
2211 Garden Road
Monterey, CA 93940
Keith Anderson
Department of Fish and Game
20 Lower Ragsdale Drive
Suite 100
Monterey, CA 93940
Jim Crenshaw, President, CSPA
Bill Jennings, Chairman, CSPA
CSPA Delta Office
David Heaslett, Counsel, CSPA
857 Cass Street, Suite A
Monterey, CA 93940
Interested Parties