Chorro SWRCB City of Morro Bay Jan1995

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

P.O. BOX 357

QUINCY, CALIFORNIA 95971

Walt Pettit, Executive Director January 30, 1995

State Water Resources Control Board

Edward Anton, Chief

Division of Water Rights

901 P Street - Bonderson Building

P.O. Box 2000

Sacramento, CA 95812-2000

Re: Notice of Hearing; February 27 & 28, 1995; Application 24120 of John Q. Hammons and Applications 24239, 24245, 24246, 27386 and 27477 of City of Morro Bay, Chorro Creek and Morro Creek Subterranean Streams in San Luis Obispo County.

Dear Gentlemen:

The California Sportfishing Protection Alliance (hereinafter known as "CSPA") is requesting interested party status for the above mentioned hearing on February 27 & 28, 1995 for the following reasons:

1. On March 18, 1989, the CSPA filed two protests on eight applications filed by the City of Morro Bay to divert water from Chorro Creek, Morro Creek and several other streams. That project was known as the Coastal Streams Diversion Project. That project and the subject water right applications were cancelled by the City of Morro Bay.

The CSPA filed said protests to have the State Water Board protect and restore the public trust steelhead resources of Chorro Creek, Morro Creek and several other streams resulting from the impacts caused from the proposed project.

We submit that the CSPA has standing to protect and restore the steelhead resources and other public trust values of Chorro Creek and Morro Creek.

2. Four (4) of the applications before the State Water Board at this hearing were filed in 1972. Two of the other applications were filed in 1982.

In 1977 a hearing was held on four of the applications which are before the State Water Board at this time. In 1987 a second hearing was held on these applications, including two other applications. In September 1994, the City of Morro Bay petitioned the State Water Board to reopen the hearing to receive evidence not available at the previous two hearings.

Four of the applications were filed 23 years ago. Two of the other applications were filed 13 years ago. The first hearing was held 18 years ago. The second hearing was held 8 years ago. Considering the years between the filing of the applications and the proposed hearing, and considering the years between hearings, we believe that the applications should have been re-noticed so that interested parties such as the CSPA could have filed protests. Also, considering the length of time when the applications were filed and when the hearing were held, a host of new environmental information is available, including far reaching court decisions. i.e. Mono Lake Decision.

As the State Water Board and the Division is aware, the CSPA believes firmly that applicants, the State Water Board, and the Division of Water Rights follow and obey the law. We reference this statement to all protests filed by the CSPA with the State Water Board on water right applications and public trust complaints.

We believe the due process rights of the CSPA and the public has been damaged because of the lack of opportunity to file protests on the subject applications, and also the opportunity to appear before the State Water Board as an interested party at the proposed hearing.

3. The CSPA is a petitioner to a petition to list steelhead trout as either threatened or endangered in California, Oregon, Washington, and Idaho. On or about February 15, 1995 the USNMFS will make a decision on said petition.

This petition also shows the CSPA has standing to protect and restore steelhead resources throughout California. Chorro Creek and Morro Creek sustain degraded populations of steelhead resources. The listing of steelhead under the protection of the federal ESA will affect how the State Water Board and the City of Morro Bay manages the public trust steelhead resources and other public trust resources of Chorro Creek and Morro Creek.

4. The CSPA is an advocate of preventing the unauthorized use of the state's water.i.e. Carmel River, Mammoth Creek, Russian River, etc. In discussions with your staff it is my understanding that the City of Morro Bay is diverting water as shown in its applications without a water right permit.And also the former diverter W.M. Hollister, Jr. was diverting water without a water right permit. We believe that constitutes unjust enrichment and we have the choice to seek relief from the court under Section 1831 of the Water Code.

5. We reference the CSPA action with the State Water Board and the Division of Water Rights concerning the protection of the public trust resources of Chorro Creek and Morro Creek. See Reference.

We realize that this letter requesting interested party status is being directed to you about 4 weeks before the hearing. However, we believe it would be reasonable and in the public interest for you to approve interested party status to the CSPA. The CSPA is a public interest organization that represent many interested fishermen in California as well as the state's public trust resources.

I am mailing this letter to all parties on the mailing list of parties to exchange information. See Attachment.

Please respond as soon as possible. Thank you for your time in the matter. I can be reached at either 916-283-3767 or 916-283-1007.

Respectfully Submitted

________________________________________

Robert J. Baiocchi, Consultant

For: California Sportfishing Protection Alliance

P.O. Box 357

Quincy, CA 95971

CSPA References - Chorro Creek and Morro Creek

1. CSPA Protests against City of Morro Bay Water Right Applications 29002, 29003, 29004, 29005, 29006, 29007, 29008 and 29009; Toro Creek, Morro Creek, Little Morro Creek, Willow Creek, San Bernardo Creek, San Luisto Creek, Pennington Creek and Chorro Creek; March 18. 1989

2. CSPA Comments to Notice of Preparation; Proposed EIR; Coastal Streams Division Project; Phase I and II; March 24, 1989.

3. CSPA Protests accepted by Division of Water Rights; March 29, 1989.

4. Answer by City of Morro Bay to CSPA Protests; April 26, 1989.

5. CSPA Response to Answer of City of Morro Bay to CSPA Protest; May 3, 1989.

6. Complaint by William H. L'Hommedieu [CSPA] against Cal Poly University; Chorro Creek; June 21, 1989

7. Complaint by William H. L'Hommedieu [CSPA] against California National Guard; Chorro Reservoir on Chorro Creek.

8. Complaint against City of Morro Bay, Chorro Creek, San Luis Obispo County; Letter to William H. L'Hommedieu from Paul Art, Division of Water Rights; December, 1988.

9. CSPA Protest against City of Morro Bay application 29196; Chorro Creek.

10. CSPA Protest against City of Morro Bay; Application 29196; Accepted by Division of Water Rights; November 10, 1988.

11. Letter from City of Morro Bay to CSPA; November 15, 1988; Application 29196.

12. Application 29196 by the City of Morro Bay; Response by William Van Dyck, Division of Water Rights to Protestants [CSPA]; December 13, 1988.

13. Request for information by CSPA; Applications 24239, 24245 and 27386 by City of Morro Bay; Response from William Van Dyck, Division of Water Rights; December 27, 1988.