CALIFORNIA SPORTFISHING PROTECTION ALLIANCE NEWS

Conservation Report, December 1999

Salinas River - The Salinas River is the forgotten river of California.

The Salinas River was not included by the Department of Fish and Game (DFG) in its Steelhead Management
Plan for California. It appears that the Salinas River presently sustains about 500 threatened southern
steelhead. Salinas River southern steelhead were recently listed by the USNMFS as threatened under the
protection of the federal Endangered Species Act. Information from CSPA sources indicates that the Salinas
River did sustain Coho salmon which were extinguished from the watershed.

The CSPA filed a water right protest against a Petition for Extension of Time filed by the City of San Luis
Obispo several years ago. A three (3) day water right hearing was recently held about the CSPA protest and
the City,s plan to enlarge the dam. The City of San Luis Obispo is proposing to enlarge Salinas Dam and
Reservoir, and divert more water out of the Salinas River Basin to the City,s service area. The U.S. Army
Corps of Engineers own the dam, but the City proposes to purchase the project from the COE. The CSPA
protest requested the SWRCB order mandatory daily flows from Salinas Dam to protect threatened southern
steelhead and their habitat below the dam. Prior to the construction of Salinas Dam, southern steelhead
historically spawned and were reared in the headwaters of the Salinas River above the dam. When the
SWRCB issued the water rights permit to the COE, the SWRCB failed to require mandatory daily flow
requirements from Salinas Dam to protect southern steelhead since 1941.

In the event the CSPA had not file its protest, the SWRCB would have approved the petition and the
enlargement of the dam without a hearing because the CSPA was the only protestant. The CSPA had eleven
(11) witnesses testify at the hearing. The SWRCB will probably make a decision concerning the hearing
record in the year 2000.

Salinas River - CSPA Complaint -

Prior to the above mentioned hearing, the CSPA filed a formal public trust complaint against Santa
Margarita Ranch on water rights grounds. Santa Margarita Ranch is located below Salinas Dam. Santa
Margarita Ranch is proposing to divert from 3,000 to 5,000 acre-feet of water from tributaries to the Salinas
River. Those tributaries are: Santa Margarita Creek, Yerba Buena Creek, Trout Creek, and Rinconada
Creek. According to the DFG, Trout Creek, and Rinconada Creek sustain threatened southern steelhead
spawning and rearing habitat, as well as habitat for federally listed California red-legged frogs.

At this time, the DFG is heavily involved with the proposed diversion of Salinas River by Santa Margarita
Ranch. Some of the DFG recommendations are as follows: (a) Limiting diversion to the wet months (December
to March); (b) Maintaining a minimum bypass (flow) of 60 percent of the average annual unimpaired
watershed production the point of diversion; (c) Construction of a passive diversion designed to insure that
instream flow is maintained; (d) Designation of a maximum number of acre-feet to be used annually; (e)
Limiting maximum rate of diversion; and (f) Allowing access by DFG personnel to monitor compliance. The
DFG has advised Santa Margarita Ranch that an EIR may be required prior to the issuance of a streambed
alteration permit.

The DFG letter and recommendations were submitted to the SWRCB as evidence in the CSPA public trust
complaint. The staff of the SWRCB will conduct an investigation of the CSPA public trust complaint and
should make a decision in the year 2000, subject to a water right hearing before the SWRCB.

Salinas Dam and Reservoir - Takeover by City of San Luis Obispo -

The CSPA recently put the U.S. Army Corps of Engineers (Lt. General Joe Ballard, Chief, COE, Washington
D.C. and Colonel John Carroll, District Engineer, LA District) on formal notice that the transfer of Salinas
Dam and Reservoir to the City of San Luis Obispo will require the preparation of an EIS (NEPA Document).
In conjunction with that formal notice, the CSPA requested the COE to commence to release water at all times
from Salinas Dam to protect threatened southern steelhead and their habitat. The COE is the dam owner of
Salinas Dam and state law requires the COE to release water to keep southern steelhead in good condition.
The USNMFS is involved with the COE concerning the management of water from Salinas Dam for
threatened southern steelhead. By subpoena (CSPA), the USNMFS testified at the above mentioned hearing.
Also by subpoena (CSPA), the DFG testified at the above mentioned hearing. The testimony by the witnesses
for the USNMFS and the DFG was very good and significantly helped our case in having water released from
Salinas Dam at all times to sustain threatened southern steelhead and their habitat.

Nacimiento River, Tributary to Salinas River - Threatened Southern Steelhead -

In January 1999, the CSPA filed a formal public trust protest against a water right application filed by the
Monterey County Water Resources Agency (Monterey County). Monterey County proposes to store 27,900
acre-feet of water in Nacimiento Reservoir. The capacity of Nacimiento Reservoir is 350,000 acre-feet of water.
Nacimiento Reservoir is located on the Nacimiento River, a major tributary to the Salinas River.

However, Monterey County had been diverting and storing the 27,900 acre-feet of water illegally and without
a right to store said water. Under the provisions of the California Water Code diverting and using water
without a water right permit and/or claimed right is a trespass and subject to a fine of $500 per day. However,
rarely does the SWRCB take legal trespass actions against unauthorized diversions and has in the past
allowed the violator to continue to illegal divert the state's water by simply filing a water right application.

Allowing the 27,900 acre-feet of water to flow down the Nacimiento River should help threatened steelhead
trout and their habitat in the Nacimiento River, as well as in the Salinas River below the confluence of the
Nacimiento River and the Salinas River. This water right matter will most likely go to hearing before the
SWRCB.

Las Garzas Creek, Tributary to Carmel River - Threatened Steelhead -CSPA Complaint -

In August 1998 the CSPA filed a complaint with the SWRCB against Rancho San Carlos Partnership
concerning a witnessed steelhead kill on Las Garzas Creek, a tributary to the Carmel River. The staff of the
SWRCB recently completed an investigative report on the CSPA complaint. The investigative report centered
on three (3) issues as follows: (1) The potential for unauthorized diversion in Moore,s Lake; (2) Potential
adverse impacts to public trust resources [threatened steelhead] in Las Garzas Creek below Moore,s Lake;
and (3) The reasonableness of direct diversion during the summer, low flow period.

The conclusion of the SWRCB investigation report made the following recommendations: (a) maintain a
continuous bypass (flow) of 2 cfs or the natural inflow to Moore,s Lake at all times; (b) maintain stable
outflows from Moore,s Lake to avoid fluctuations in flows in lower Las Garzas Creek; (c) install and maintain
flow gauging stations immediately upstream and downstream of Moore,s Lake; (d) maintain records of the
flows at the two gauging stations on a periodic basis from May 1 to November 1; (e) forgo riparian diversion
from Las Garzas Creek at any time that outflows are less than 2 cfs; and (f) initiate the collection of data to
demonstrate the potential impacts of varying factors on public trust and/or instream resources including but
not limited to: (1) the flow rate at which hydraulic continuity between Las Garzas Creek and the Carmel
River ceases, and (2) the response of juvenile salmonids to the summer recession of base flows (i.e. migration up
and downstream, mortality, etc.).

The CSPA complaint was filed because of the concerns of the Carmel River Steelhead Association, and also
the concerns of Roy Thomas of the CSPA concerning the steelhead kill.

Lower Yuba River - Proposed Agreement Between DFG and Yuba County Water Agency et al. Falls Apart -

Threatened Steelhead and Spring-Run Chinook Salmon and also Fall-Run Chinook Salmon and American
Shad -

After waiting several years for the SWRCB to make a decision on the CSPA et al. Complaint and hearing
record, the SWRCB did. A draft decision was issued this year by the SWRCB. However, the Yuba County
Water Agency et al. (numerous water users) requested a delay to any hearing on this matter in an attempt to
try to obtain an agreement with DFG concerning additional studies. The SWRCB agreed to the delay and
requested a signed agreement by November 15, 1999. The DFG did not fold their tent. An agreement was not
reached, and the SWRCB draft decision will go to hearing before the SWRCB. The SWRCB draft decision is
similar to the DFG,s Lower Yuba River Fisheries Management Plan. The CSPA supported that management
plan at the 15 day hearing in 1992. The fish (CSPA et al.) won the hearing in 1992, and we will also hope to
win the hearing on the draft decision.

Gato Creek - Small Stream - Big Issue - Southern California -

In about 1993 the CSPA filed a formal water right protest against a petition filed by a developer and owner
(petitioner) of a ranch which borders Gato Creek. Gato Creek is a tributary to the Pacific Ocean near Santa
Barbara. The CSPA formal protest was joined by a formal protest filed by the Santa Barbara Urban Creeks
Council. The petitioner proposed to develop his lands (homes) and use more water from Gato Creek. The
management of the waters of Gato Creek by the petitioner adversely effected riparian habitat below the
developer,s point of diversions on the main stem of Gato Creek. Also, Gato Creek may sustain endangered
southern steelhead, and also listed California red-legged frogs species and their habitat, and most likely
sustains other fish and aquatic species. There is a dam and reservoir on an unnamed tributary to Gato Creek
managed by the petitioner. The reservoir is used for private fishing purposes. The developer is a former
member of the Santa Barbara County Fish and Game Commission. The DFG has reached agreement with the
petitioner. The DFG agreement is very poor with respect to bypass flow requirements and other protection
measures. The DFG has agreed to a bypass flow of 50 gallons per minute, with no specific bypass
flowrequirements directly from the dam on the unnamed tributary to Gato Creek. A letter has been drafted by
the CSPA concerning the deficiencies in the DFG Agreement and will be submitted to the SWRCB.

Arroyo Grande Creek - Southern Steelhead - CSPA Complaint and also Water Right Protest -

This issue is mandatory daily flow requirements from Lopez Dam to sustain southern steelhead and their
habitat in Arroyo Grande Creek. Lopez Dam is operated by the San Luis Obispo Flood Control and Water
Conservation District. The SWRCB did not order mandatory daily flow requirements from Lopez Dam to
sustain southern steelhead. The CSPA filed a public trust complaint against the San Luis Obispo Flood
Control and Water Conservation District in 1994. The CSPA complaint requested the SWRCB to order
mandatory daily flow requirements from Lopez Dam to sustain southern steelhead and their habitat in
Arroyo Grande Creek. Actions on the CSPA complaint was delayed by the staff of the SWRCB purposely. At
the time the CSPA filed its complaint, southern steelhead were not listed for protection under the provisions of
the federal Endangered Species Act.

Recently, the San Luis Obispo Flood Control and Water Conservation District water right application was
noticed by the SWRCB. The CSPA filed a formal public trust protest against the water right application. The
water right application request 2,500 acre-feet of additional water be stored at Lopez Dam which was illegally
stored at Lopez Reservoir by the District for many years. The District filed the water right application to
legalize its storage rights. The CSPA public trust protest again requested the SWRCB to require the District
to release water at all times from Lopez Dam to sustain southern steelhead (all life stages) and their habitat.
The CSPA also requested the SWRCB to take legal action against the District for illegally storing 2,500
acre-feet of water.

The CSPA is also working with the USNMFS in having Arroyo Grande Creek southern steelhead protected
with adequate flow releases from Lopez Dam.