CSPA

Lower Mokelumne River

Devil's Nose Project

Letter to FERC April 21, 1992

Mr. J. Mark Robinson, Director April 21, 1992

Division of Project Compliance and Administration

Federal Energy Regulatory Commision

825 North Capitol Street, N.E.

Washington, D.C. 20426

Re: Response by California Sportfishing Protection Alliance to Letter from Amador County to the Commission, Dated April 8, 1992, Regarding Proposed Modifications to Project Facilities and Operations at the Lower Mokelumne River Project, California; FERC Project No. 2916-004;

Dear Mr. Robinson:

This is in response to a letter directed to the Commission concerning the above mentioned matter which is before the Commission at this time. Please see attachment. The following are the comments of the CSPA:

In their letter to the Commission, Amador County claimed that the outcome of any decision regarding water allocation could have an impact on the County's ability to developed a water supply to meet its alleged needs. Amador County claimed that its Devil's Nose Project is designed to provide water to Amamdor County without adversely impacting other users on the river. Amamdor further claims that any ruling that would

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c) We believe the lower Mokelumne River is fully appropriated until the State Water Resources Control Board acts on the CSPA complaint against East Bay MUD and also acts on the Department of Fish and Game's Fishery Management Plan for the Lower Mokelumne River. We further believe the Federal Energy Regulatory Commission should delay all actions on the pending application for the Devil's Nose Project [FERC Project No. 8144] and also the Authority's forth coming application until the Commission issues an order to modify East Bay MUD's Lower Mokelumne River Project to protect and mitigate adverse impacts to the anadromous fisheries and water quality.

d) So that it does not come as a surprise, any NEPA and CEQA document prepared by the Authority must evaluate cumulative impacts from this project, other projects, and proposed projects to anadromous fisheries and water quality in the Lower Mokelumne River as well as cumulative impacts to anadromous fisheries and water quality in the Bay-Delta Estuary. We believe the Bay-Delta is fully appropriated until the State Water Resources Control Board acts upon the Environmental Protection Agency's request for new improved Bay-Delta standards [New Water Quality Control Plan for Salinity - San Francisco/Sacramento-San Joaquin Delta Estuary]. Consequently any new storage projects affecting Delta outflow and salinity may very well be denied by the State Water Resources Control Board or challenged in the courts.

e) Please forward to me a copy of the recently issued FERC preliminary permit for the subject project. Thank you.

Your cooperation in our request for information and data is appreciated. Thank you.

Respectfully Submitted

__________________________________________

Robert J. Baiocchi, Executive Director, CSPA

P.O. Box 357

Quincy, CA 95971

Office Tel - 916-283-3767

Fax - 916-283-3767

cc: Mr. Bill Jennings, Chairman

California Sportfishing Protection Alliance

Chairman, Committee to Save the Mokelumne

Mr. Jim Crenshaw, President

California Sportfishing Protection Alliance

Mr. Mike Jackson, Counsel

California Sportfishing Protection Alliance

Committee to Save the Mokelumne

Mr. Wayne White, Supervisor

U.S. Fish and Wildlife Service

Mr. Jerry Mensch, Supervisor

Environmental Services

Department of Fish and Game, Region II

Mr. Edward Anton, Chief

Division of Water Rights

` State Water Resources Control Board

Mr. Mike Meinz, Environmental Unit

Division of Water Rights

State Water Resources Control Board

Interested Parties

For further information contact Bob Baiocchi at either 530-836-1115 or

at e-mail address: cspa@psln.com