CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

P.O. BOX 357

QUINCY, CALIFORNIA 95971

City of Thousand Oaks December 20, 1994

Public Works Department

2100 Thousand Oaks Boulevard

Thousand Oaks, CA 91362

Re: Water Rights Application No. 29408 and Petition WW-6; Notice of Preparation of a Draft Environmental Impact Report; Scoping Comments by California Sportfishing Protection Alliance

The City of Thousand Oaks will be the lead agency and will prepare a Subsequent Environmental Impact Report (SEIR) for a proposed project related to WR Application 29408 and Petition WW-6.

We have reviewed the NOP and the following are the comments of the California Sportfishing Protection Alliance:

1. The NOP states that " a minimum of 2 cfs (1,460 AF/Y) will be bypassed at Point #3 to flow beyond the CMWD point of diversion and will be dedicated for instream beneficial uses".

The Draft SEIR should describe the biological evidence that supports a daily minimum flow of 2 cfs will maintain all fish species and their habitat in good condition at all times, and sustain southwestern pond turtle and California red-legged frog and their habitat. Also, in what manner will the bypass flow of 2 cfs maintain riparian habitat and also sustain the Mugu Lagoon fish populations and habitat such as Tidewater Goby.

Please include the recovery plans for all threatened and endangered species in the Draft SEIR.

2. In order to have full compliance of the daily mandatory minimum flow bypass at Point #3, there should be a fulltime gauging device to measure the daily flows. Will the City install a fulltime measuring device below Point #3? At what location in the stream will the measuring device be located?

3. Is there a potential for the mandatory daily flow of 2 cfs below Point #3 to be diverted by other diverters before it reaches Mugu Lagoon? Describe the downstream water diversions below Point #3 in the Draft SEIR.

Please forward a copy of the Draft SEIR to me for my review and comment. Thank you.

Respectfully Submitted

________________________________________

Robert J. Baiocchi, Consultant

For: California Sportfishing Protection Alliance

P.O. Box 357

Quincy, CA 95971

Bus Tel: 916-283-3767 (CSPA Office) or 916-283-1007 (Law Office)