CSPA
Lower Mokelumne River
FERC Letter, August 9, 1994
United States of America
Before the Federal Energy Regulation Commission
East Bay Municipal Utility District
FERC Project No. 2916-013
Lower Mokelumne River tributary to
Bay Delta Estuary thence Pacific Ocean
State of California
Petition of Intervention by California Sportfishing Protection Alliance and Committee to Save the Mokelumne River
In accordance with the Commission's rules of practice, procedure and other applicable federal regulations and statutes the California Sportfishing Protection Alliance (hereinafter known as "CSPA") and the Committee to Save the Mokelumne River (hereinafter known as "Committee") hereby petition the Commission to accept a motion to intervene regarding the proposed revised recreation plan for FERC Project 2916 in the matter of FERC Project 2916-013.
The Commission should approve said petition and motion by the CSPA and the Committee for the following reasons:
1. We reference all of the reasons as stated in the CSPA's and Committee's Petition of Intervention, dated July 18, 1994.
2. We reference all of the CSPA and the Committee complaints and filings before the Commission and the California State Water Resources Control Board. We reference the hearing record in the CSPA's and the Committee's complaint against EBMUD before the California State Water Resources Control Board.
3. We reference all of the complaints and filings filed with the courts by the CSPA and the Committee concerning Penn Mine and the operation of FERC Project 2916.
4. We reference the Draft and Final EIS prepared by the Commission for FERC Project 2916, and the comments and objections by the CSPA and the Committee.
5. We submit that the licensee must be required by the Commission to include the following in the revised recreation plan for the Lower Mokelumne River Project:
(a) Adequate water quality for public recreation. i.e. Clean Water Act requirements. (Penn Mine)
(b) Adequate reservoir levels for recreational purposes during all water year types.
(c) Adequate boat lauching and boat mooring facilities for public recreation. i.e. Reservoir levels should be adequate for boat lauching at all times.
(d) Adequate levels of sportfishery resources for recreational activities. i.e. A sportfishery management plan should be developed and implemented for both reservoirs.
(e) Adequate recreation facilities such as camping and day use. i.e. State of the arts facilities.
(f) Adequate recreational facilities and access for the elderly and handicapped. i.e. State of the arts facilities.
(g) Adequate drinking water for recreational purposes. i.e. In accordance with federal and state clean drinking water standards.
(h) Adequate public restrooms and garbage facilities. i.e. Flush tiolets and restroom facilities in which the handicapped can use without harm or injury.
(i) Adequate public access to the waters of the Lower Mokelumne River. i.e. Public access to the waters of the Lower Mokelumne River at the Middle Bar Bridge area. Removal of fences and signs.
(j) Adequate measures to protect public safety. i.e. Boating, swimming, etc.
(k) Adequate swimming areas for public recreation. i.e. Sandy beach areas in a controlled swimming environment.
(l) Adequate public access roads to the recreational areas and facilities. i.e. Paved roads with directional signs.
(m) Reasonable recreational fees. No fees for the elderly (over 55 years of age - retired)
6. The Commission in this proceeding needs to investigate whether or not EBMUD received State of California Davis-Grunsky money (public) from the California Department of Water Resources to construct and maintain public recreational facilities at FERC Project 2916. Said Davis-Grunsky grant money for water projects in California are written agreements between the California Department of Water Resources and the project operators. In the event state grant money was given to EBMUD, what were the recreational obligations at Camanche Reservoir and Pardee Reservoir?
7. Consequently, the issues raised by the CSPA and the Committee should be reviewed, evaluated and modified by the Commission so that FERC Project 2916 is operated in a manner which provides adequate recreational opportunities for the public.
We are requesting the Commission to accept this petition of intervention. We are also requesting the licensee to provide a copy of the draft revised recreation plan so that we have the opportunity to provide comments to the Commission and its staff.
Respectfully Submitted
_________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
and Committee to Save the Mokelumne River
P.O. Box 357
Quincy, CA 95971
Bus Tel: 916-283-3767 or 916-836-0338
Dated: AUGUST 9, 1994
Certificate of Service
Lois Cashell, Secretary
Federal Energy Regulatory Commission
825 North Capital Street, NE
Washington DC 20426
Marcell Hall
East Bay Municipal Utility District
375 Eleventh Street
Oakland, CA 94607-4240
Bill Jennings
Committee to Save the Mokelumne River
Jim Crenshaw, President
California Sportfishing Protection Alliance
Mike Jackson, Counsel
California Sportfishing Protection Alliance
Interested Parties
For further information contact Bob Baiocchi at either 530-836-1115 or
at e-mail address: cspa@psln.com