CSPA
Public Trust Protest
EBMUD/ American River
East Bay MUD
desires to amend its 1970 contract with the U.S.
Bureau of Reclamation
CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE
P.O. BOX 357
QUINCY, CA 95971
Ms. Illa Collin, Chairperson
January 27, 1999
Sacramento County Board of Supervisors
700 H Street, Room 2450
Sacramento, CA 95814
Re: Draft Contract Between
U.S. Bureau of Reclamation and East Bay
Municipal Utility District; American River; Comments by California
Sportfishing Protection Alliance
By Fax to 916-874-7593 from 530-836-2062
Dear Chairperson Collin:
The California Sportfishing
Protection Alliance (CSPA) represents a
significant number of fly fisherman in the State of California,
who
members also reside in the Greater Sacramento area. The CSPA is
seriously concerned with the future of the public trust resources
and
public values of the Lower American River. The CSPA is also seriously
concerned with the American River Parkway, Sacramento's most important
environmental and recreational public trust asset.
The East Bay Municipal
Utility District's (East Bay MUD) water supply
facilities (Pardee and Camanche dams and pipeline) in the Lower
Mokelumne River watershed has had adverse and unreasonable effects
to
the public trust chinook salmon and steelhead resources and water
quality (Penn Mine) of the Lower Mokelumne River. The CSPA was
significantly involved in dealing with East Bay MUD. i.e. Public
Trust
Complaint against East Bay MUD with the State Water Resources
Control
Board; Complaint against East Bay MUD with the Federal Energy
Regulatory
Commission; Legal Settlement with East Bay MUD, Penn Mine matter.
East Bay MUD hopefully
desires to amend its 1970 contract with the U.S.
Bureau of Reclamation. East Bay MUD is a very greedy water user
who uses
out of basin water transfers to satisfy its out of basin needs.
East Bay
MUD plans to guarantee its out of basin customers a full out of
basin
water supply with American River water under any hydrological
condition
at the expense of people of the Greater Sacramento Area and the
public
trust resources of the Lower American River. East Bay MUD does
not care
about people of the Greater Sacramento area and the American River
Parkway, Sacramento's most important environmental and recreational
public trust asset. East Bay MUD desires American River water
to
enhance growth and development in the East Bay of the San
Francisco-Oakland area at the expense of the Greater Sacramento
area and
the Lower American River.
According to the contract, with the blessing of the U.S.
Bureau of
Reclamation, East Bay MUD can take a total of 133,000 acre-feet
of
American River water in any year, and that the total will not
exceed
165,000 acre-feet in any three (3) consecutive years when storage
is not
expected; and there is no limit on the amount of non-storage surplus
water East Bay MUD can take with approval of the U.S. Bureau of
Reclamation.
Sacramento County
should vigorously oppose the contact between the U.S.
Bureau of Reclamation and East Bay MUD because of the obvious
adverse
effects to the public trust resources of the Lower American River.
Sacramento County should take legal actions against the U.S. Bureau
of
Reclamation and East Bay MUD to contest the contract on the basis
of the
common law public trust doctrine and the California Water Code,
based on
all new information, including federal and state statutes, in
preventing
the water presently used for the greater public interest and for
the
greater public welfare to flow down the Lower American River to
protect
the American River Parkway and the public trust resources and
assets of
the Lower American River. East Bay MUD can divert water out of
the Delta
like many other water users are presently doing without adversely
affecting the state's waters of the Lower American River and the
City of
Sacramento's American Parkway values. East Bay MUD can also divert
water
out of San Francisco Bay using a DeSal project without affecting
the
public trust resources of the American River and the people of
the
Greater Sacramento area. East Bay MUD is an agency which is out
of
control which needs to be challenged by the people of the Greater
Sacramento area, and the State of California regulatory agencies.
i.e.
SWRCB.
Please place this letter into the records for the proceedings.
Thank you for the
opportunity to provide comments to the Sacramento
Board of Supervisors.
Respectfully Submitted
SIGNED BY BOB BAIOCCHI
_____________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
cc: Interested Parties.