CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

CONSERVATION ALERT

January 26, 1999

THE LOWER YUBA RIVER STORY

In 1992 the State Water Resources Control Board (SWRCB) held a water
rights hearing concerning a formal complaint filed by the California
Sportfishing Protection Alliance representing the "United Group" against
the Yuba County Water Agency et al. The major portion of the complaint
concerned the daily amount of water needed to protect the anadromous
fisheries of the Lower Yuba River (New Bullards Bar Dam and Reservoir
downstream), including other protection measures such as water
temperatures as described in the Department of Fish and Game's Lower
Yuba River Fisheries Management Plan. The CSPA conducted the necessary
research and filed the complaint. The CSPA also submitted about three
dozen exhibits for the hearing process. The CSPA also had three (3)
expert witnesses testify at the hearing on behalf of the river, the
spring-run, the fall run chinook salmon, the steelhead trout, and the
American shad fisheries.

Mike Jackson was the attorney representing the CSPA (United Group) at
the hearing. Felix Smith, Bill Kier, and Bob Baiocchi were the expert
witnesses representing the CSPA (United Group) at the hearing. Walter
Cook, a retired attorney formerly with the State Lands Commission,
represented himself, the river, and the fish at the hearing.

At that hearing the California Department of Fish and Game submitted
their Lower Yuba River Fisheries Management Plan. The plan was
outstanding for the river and the anadromous fisheries, and the CDFG had
several expert witnesses to support the conclusions and recommendations
in the management plan. Fourteen (14) days of hearing were held by the
SWRCB over a three or four month period. At the conclusion of the
hearing, it was clear the CSPA (aka United Group), the river, and the
fish, had won the hearing!

The central issue concerning the management of water in the Lower Yuba
River was that the Yuba County Water Agency was selling and transferring
Yuba River water which effected the timing of flows and effected the
anadromous fisheries and their habitat in the river.

In July 1994, the SWRCB completed an inhouse draft decision concerning
the Lower Yuba River hearing. However, to date, the SWRCB has not issued
a decision regarding the CSPA (United Group) complaint, a period of
about seven (7) years.

Why was the Lower Yuba River decision delayed by the SWRCB? The
decision was withheld and delayed by the SWRCB because of the Wilson
Administration. i.e. Yuba River water worth millions of dollars.

Recently the CSPA received a copy of the inhouse SWRCB decision
concerning the Lower Yuba River hearing and hearing record which was
prepared in 1994. The inhouse SWRCB decision has been floating around
for some time now, but has not been made public by the SWRCB. The CSPA
(United Group), and the CDFG won the hearing!!!!!! With respect to the
minimum flows and water temperatures for the river and the fish, this is
what is stated and shown in the draft inhouse decision of 1994
concerning riverflows:

Permits 15026, 15027, and 15030 of Yuba County Water Agency shall be
amended to include the following terms:

1. Permittee shall maintain instream flows at the designated USGS
streamflow gaging stations in excess of the following minimum average
daily flows:

Wet and Normal Years

Month Minimum Streamflow at Marysville gage

October 15 - April 20 500 cfs*
April 21 - April 30 1000 cfs
May 1 - May 31 2000 cfs
June 1 - June 30 800 cfs
July 1 - October 14 250 cfs

Dry Year

Month Minimum Streamflow at Marysville gage

October 15 - April 20 500 cfs*
April 21 - April 30 1000 cfs
May 1 - May 31 1100 cfs
June 1 - June 30 800 cfs
July 1 - October 14 250 cfs

* 700 cfs at Smartville gage

2. Permittee shall maintain instream water temperatures at the following
locations that do not exceed the following maximum average daily
temperatures specified below:

Maximum Average Daily Water Temperatures (degrees F)

Month Daguerre Point Marysville Gage

October 15 - March 15 56 57
April 1 - May 31 60 60
June 1 - June 30 -- 65
July 1 - September 30 65 --
October 1 - October 14 60 --

The existing riverflow requirements pursuant for the 1965 Agreement
between DFG and Yuba County Water Agency are as follows:

Flows Specified in 1965 Agreement for Normal and Above Normal Years:

Time Period Flows

January 1 - June 30 245 cfs
July 1 - September 30 70 cfs
October 1 - December 31 400 cfs

Following the hearing in 1992 and in the following years, spring-run
chinook salmon were listed as endangered under the protection of the
federal ESA, steelhead trout were also listed as threatened for
protection under the federal ESA, and fall-run chinook salmon are being
considered for listing at this time.

Also, because the SWRCB has failed to make a decision in the Lower Yuba
River Hearing, the obsolete and deficient YCWA-DFG Agreement flows of
1965 are still in place.

Stay tuned because the Lower Yuba River story is not over yet!

BB/CSPA