CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

P.O. BOX 357

QUINCY, CALIFORNIA 95971

Edward Anton, Chief September 28, 1994

Division of Water Rights

P.O. Box 2000

Sacramento, CA 95812-2000

Re: Application 30166; James Hill, Applicant; Unauthorized Use of the State's Water; Big Sur River Underflow; Monterey County; Comments by California Sportfishing Protection Alliance, Protestant.

Dear Mr. Anton:

This is in response to the comments of the California Department of Parks and Recreation (State Parks) to you, dated September 12, 1994, regarding the above mentioned matter before the State Water Board. See attachment.

We salute the Monterey District of the California State Parks for filing said complaint, and also for advising you to have James Hill cease diverting the state's water to the non-riparian lands without a water right permit.

We are seriously concerned that the State Parks filed said complaint in 1990, and here it is 1994, and the Division of Water Rights has not taken any action to have James Hill cease diverting the state's water to non-riparian lands. That is the unauthorized use of the state's water and under California Water Code 1052, you and the State Water Board have the authority to order fines of $500 per day for each day of unauthorized diversion. We have recommended to you and your staff that fines be imposed against James Hill. We believe that request is not unreasonable. We also believe that the unauthorized use of the state's water constitutes unjust enrichment.

Under Section 1831 et seq. of the California Water Code, the California Legislative commanded the State Water Board to take vigorous action to prevent the unlawful diversion of the state's water. We believe to date you and your staff have not complied with the commands of the California Legislature, but have allowed the unauthorized diversion to exist without taking vigorous action to prevent the unauthorized use of the state's water by James Hill.

We are again requesting you to take vigorous action against the unauthorized use of the state's water by James Hill.

It should be noted that the CSPA and other parties have filed two petitons to list southern steelhead as either threatened or endangered under the protection of the federal Endangered Species Act. One of the petitions has passed the 90 day review process by the U.S. National Marine Fisheries Service. As such, we believe you must treat southern steelhead trout as listed in the Big Sur River in this proceedings.

As a protestant in this matter, we are requesting you comply with the recomendations of the State Parks and enforce the law.

Please forward to me the investigative report prepared for the State Parks complaint in this matter by the Complaint Unit.

A written response would be appreciated regarding what you plan to do about the State Parks' letter to you, and what you plan to do about this letter to you.

Please have your staff include Michael Jackson, Counsel, CSPA and David Heaslett, Counsel, CSPA on the mailing list for all submittals.

Respectfully Submitted

______________________________________

Robert J. Baiocchi, Consultant

For: California Sportfishing Protection Alliance

P.O. Box 357

Quincy, CA 95971

Bus Tel: 916-283-3767 (CSPA Quincy Office or 916-283-1007 (Law Office) or 916-836-0338 (Home Office)

cc: Mary R. Wright, District Superintendent

Ken Gray, Resource Ecologist

Department of Parks and Recreation, Complaintant

Monterey District

2211 Garden Road

Monterey, CA 93920

Keith Anderson

Chuck Marshall

Department of Fish and Game

20 Lower Ragsdale Drive, Suite 100

Monterey, California 93940

Les Strnad

California Coastal Commission

725 Front Street, Suite 300

Santa Cruz, CA 95060

Nick Wilcox, Environmental Unit

Division of Water Rights

P.O. Box 2000

Sacramento, CA 95812-2000

James Hill, Applicant

P.O. Box 1558

Monterey, CA 93940

Adolph Moskovitz

Moskovitz, et al., Law Office

400 Capitol Mall

Sacramento, CA 95814-4417

Lawrence Horan

Horan, et al., Law Office

P.O. Box 3350

Monterey, CA 93942-3350

Mike Jackson, Counsel, CSPA

P.O. Drawer 207

Quincy, CA 95971

David Heaslett, Counsel, CSPA

857 Cass Street

Suite A

Monterey, CA 93940

Jim Crenshaw, President, CSPA

Bill Jennings, Chairman

Interested Parties

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