Don Carroll, Protest Unit July 31, 1994
Mike Frankenstein, Environmental Unit
Division of Water Rights
State Water Resources Control Board
Rancho Simi Recreation and Parks District
c/o Clark and Green Associates
3070 Bristol Street, Suite 150
Costa Mesa, CA 92626
Re: Water Right Application 30301; Rancho Simi Recreation and Parks District; Medea Creek tributary to Malibu Creek; Request for Extension of Time to File Protest; Request for Public Information by California Sportfishing Protection Alliance.
We have reviewed Water Right Application 30301. According to the Division's notice of July 22, 1994, the Applicant proposes to store 3.5 acre-feet of water in three offstream ponds and to divert the water through the upper, middle and lower pond and return it to the stream. Tertiary treated water provided by the local water district will be utilized as an alternative source of water. The amount of water applies for is 1.0 cfs by direct diversion from November 1 to August 1 during all water year types (about 600 acre-feet). The storage season is from November 1 to March 1, and the storage is for 3.5 acre-feet of water. The water will be used for recreation and wildlife preservation and/or enhancement. The project is located about two and one half miles north of Malibu Junction of Highway 101 and about four miles northwest of Agoura.
According to the Division's notice of July 22, 1994, the deadline date for filing protest is 40 days, or on or about September 1, 1994. Normally the Division's water right notices are for 60 days.
The description of the project and the use of the water is unclear. We need additional information and additional time to determine whether we will file a protest on said application.
Malibu Creek sustains southern steelhead trout. Southern steelhead populations have declined significantly. We are concerned about the potential cumulative impacts to southern steelhead populations and habitat from said project.
Malibu Creek flows are augmented by discharges from the Tapia Water Reclamation Facility located about four miles upstream from the Pacific Ocean. Historically, zero flow conditions occurred in the lower reaches of Malibu Creek, but none have occurred since the Tapia Water Reclamation Facility began discharging treated effluent to Malibu Creek in the late 1960's. The existence of southern steelhead in the lower reaches of Malibu Creek is probably attributable mostly to this flow augmentation from the Tapia Water Reclamation Facility. However, the zero flow conditions in the stream prior to the Tapia Water Reclamation Facility may be attributable to water diversions and the lack of mandatory daily environmental flow requirements.
Current concerns regarding discharge from the Tapia Water Reclamation Facility include high coliform bacteria levels in the Malibu Creel estuary and other health concerns, invasion of exotic aquatic plants, and reduction in invertebrate fauna diversity due to increased freshwater inflows and frequent breaching of the sand bar. It has been recommended that the Tapia Water Reclamation Facility regulate their discharges to mimic the natural streamflow cycle.
The Las Virgenes Municipal Water District, which operates the Tapia Water Reclamation Facility, is attempting to market the reclaimed water. Some of this water has been exported in the past, but the majority is discharged to Malibu Creek. An increase in the amount of reclaimed water marketed and exported could substantially alter the present flow regime.
The Department of Fish and Game has stated that " Current augmented flows from Tapia should be maintained. The concerns regarding ecological and other effects of the increased freshwater flows on the estuary may be valid, but if dewatering or a substantial increase in water temperatures occurs below Rindge Dam, it is likely that steelhead will be eliminated from this system. "
The major obstacle to restoring the southern steelhead run on Malibu Creek is Rindge Dam, a concrete arch dam approximately 100 feet high, located about 2.5 miles upstream from the Pacific Ocean. The dam, constructed in 1924, is obsolete and the reservoir is now completely filled-in with sediment and the dam no longer impounds water. Providing fish passage at Rindge Dam would allow southern steelhead access to about five miles of additional habitat, and a three-fold increase in population size could be realized. We believe the owner of the Rindge Dam should be required to remove the dam.
As you can see we do have some information concerning the watershed and the status of the southern steelhead fishery, however we need to be very clear about the proposed project, and whether or not the proposed project will have direct and cumulative impacts to the environments of Medea Creek and Malibu Creek, and the public trust southern steelhead fishery of Malibu Creek.
Please forward the following information and data:
1. A copy of the County of Ventura Conditional Use Permit No. 4483 Modification No. 1 with a determination of Negative Declaration.
2. A copy of the California Department of Fish and Game streambed alteration agreement (5-273-93) between the CDFG and the applicant.
3. A copy of the Section 401 Water Quality Certification from the California Regional Water Quality Control Board; Los Angeles Region.
4. A copy of the U.S. Army Corps of Engineers Nationwide Permit No. 26.
5. A copy of the IFIM study which was conducted by the applicant to determine the mandatory minimum daily amounts of water to be released from the proposed diversion dam to keep in good condition fish and aquatic resources below the dam in Medea Creek.
6. A finding by any party that the proposed diversion will be screened to prevent fish from being diverted and harmed in the proposed canal.
In the event we do not receive the above requested information and data, treat this letter as a protest against Application 30301. We will amend this letter at a later period with a formal public trust protest, and will provide the Applicant's agent with a copy. In the event we do receive all of the above mentioned information and data, we are requesting an extension of time until September 21, 1994 to decide whether or not to file a public trust protest.
A written response is appreciated.
Respectfully Submitted
_______________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 916-283-3767 or 916-836-0338
cc: Jim Crenshaw, President, CSPA
Bill Jennings, Chairman, CSPA
Mike Jackson, Counsel, CSPA
Interested Parties