CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

P.O. BOX 357

QUINCY, CALIFORNIA 95971

Roger Johnson, Asst. Chief January 15, 1997

Division of Water Rights

P.O. Box 2000

Sacramento, CA 95812-2000

Re: Water Right Application 30451; Elk County Water District, Applicant; Public Information Request and Comments by California Sportfishing Protection Alliance, Interested Party

Dear Chief Johnson:

We have reviewed Water Right Application 30451, which was noticed by the Division of Water Rights on August 2, 1996. We have also reviewed renotice of Water Right Application 30451, dated August 30, 1996.

WR Application 30451 - Greenwood Creek Underflow thence Pacific Ocean

There was no environmental information provided by the Division in the public notice of August 30, 1996 for WR Application 30451. Consequently, it is impossible to file a protest on environmental grounds without full disclosure of all environmental information by the Division. Based on the information in the public notice of August 30, 1996, under WR Application 30451, the applicant is conducting the unauthorized diversion and use of the state's water.

Pursuant to Section 1052 of the California Water Code, we are requesting the Division of Water Rights to require the applicant to cease diverting and using the state's water until the applicant secures a valid water right permit from the SWRCB.

We are requesting a written statement from either Edward Anton and/or Roger Johnson which gives the Division of Water Rights the authority to allow the unauthorized use of the state's water. Cite points and authority of law.

The Division of Water Rights is required to comply with the California Environmental Quality Act and its Guidelines. The public notice of August 30, 1996, states that the proposed project under WR Application 30451 has the potential to cause a significant effect on the environment. And that the SWRCB is the lead agency, and that the Division will require the preparation of an Initial Study to determine whether a Negative Declaration is appropriate or whether an EIR will be necessary.

We are requesting the applicant conduct environmental studies to determine and mitigate the potential environmental impacts resulting from the unauthorized use of the state's water as well as water diverted and used under WR Application 30451.

We are requesting that the CEQA document disclose, evaluate, and mitigate the potential adverse cumulative impacts to Greenwood Creek as a resulting of WR Application 30451 and other existing and pending projects.

We are requesting the Division require mandatory daily minimum surface stream flow requirements under Application 30451 to protect the downstream environment of Greenwood Creek. Also, Greenwood Creek may sustain steelhead trout habitat (all life stages). (Our Emphasis)

We are requesting a copy of the Initial Study for WR Application 30451 for our review and comment.

We reserve the right to file a formal protest against the subject water right application because there is no environmental information in the Division's public notice of August 30, 1996.

If there are any questions, I can be reached at my office at 916-836-1115.

Respectfully Submitted

_____________________________________________

Robert J. Baiocchi, Consultant

For: California Sportfishing Protection Alliance

P.O. Box 357

Quincy, CA 95971

Bus Tel: 916-836-1115 or 916-283-3767; Fax: 916-283-5017

cc: Jim Crenshaw, President, CSPA

1248 East Oak Avenue, Suite D

Woodland, CA 95695

Elk County Water District

c/o Charlie Acker, Manager

P.O. Box 54

Elk, CA 95432

Walt Pettit, Executive Director

William Atwater, Chief Counsel

SWRCB

P.O. Box 100

Sacramento, CA 95812-0100

Interested Parties