STATE OF CALIFORNIA
BEFORE THE STATE WATER RESOURCES CONTROL BOARD
Application 30562
Wintun Development Company, Applicant
Panther Creek and Unnamed Tributary Both Tribuaries to Squaw Valley Creek Tributary to McCloud River thence Shasta Reservoir thence Sacramento River
Siskiyou County, California
Public Trust Protest by California Sportfishing Protection Alliance
The California Sportfishing Protection Alliance (hereinafter known as "CSPA") hereby protest Application 30562 as follows.:
1. The name of the protestant is the CSPA. The agent for the CSPA is Bob Baiocchi, Consultant. The mailing address of the CSPA and the consultant is P.O. Box 357, Quincy, CA 95971. The telephone and fax numbers of the consultant are shown below.
2. The name of the applicant is Wintun Development Company, Inc. The name of the applicant's agent was not included in the public notice.
3. The CSPA has reviewed the information in the public notice of April 4, 1997. We reference said public notice.
4. The deadline date for filing protests against Application 30562 is about May 14, 1997.
5. The CSPA protest is based on environmental grounds.
STATEMENT OF FACTS
6. The public notice for Application 30562 did not provide sufficient information regarding the environment to be affected by the proposed appropriation of water.
7. According to the public notice of April 4, 1997, Siskiyou County Planning Department is the lead agency and will be responsible for preparation of appropriate environmental documents pursuant to CEQA and its Guidelines. However the SWRCB is the responsible agency under CEQA.
8. The public notice of April 4, 1997, did not provide the mailing address of the Siskiyou County Planning Department nor did the public notice provide the name and telephone number of the responsible public official who is responsible for the CEQA documents for Application 30562.
9. The Siskiyou County Planning Department may not be aware of the requirements of the California Water Code, and other applicable statutes and regulations pertaining to the state's water and Application 30562. when that agency prepares the CEQA document for Application 30562. i.e. Section 1375 (d); Section 1243; and Section 1243.5 of the California Water Code. Section 782, CCR, Title 23.
Nor does the Siskiyou County Planning Department have the authority to enforce the California Water Code and other statutes and regulations pertaining to Application 30562. i.e. mandatory minimum daily streamflow requirements.
10. The McCloud River sustains wild trout species and their habitat, aquatic species and their habitat, and other public trust resources. Squaw Valley Creek should sustain wild trout species and thieir habitat, aquatic species and habitat, and other public trust resources. Panther Creek should also sustain wild trout species and thieir habitat, aquatic species and habitat, and other public trust resources. The unnamed tributary should provide flows for Squaw Valley Creek. Squaw Valley Creek and Panther Creek may sustain Redband trout, a protected species. Redband trout are known to occur in the McCloud River Watershed.
11. Section 1375 (d) of the California Water Code requires that water is available for appropriation. The SWRCB should make a written determination regarding whether water is available for appropriation for Application 30562 during the requested season of diversion and use for all water year types.
12. Section 1243 of the California Water Code shows that the protection of fish and wildlife are the beneficial uses of the state's water.
13. Section 1243.5 of the California Water Code requires the SWRCB to make a finding and determination regarding how much water should remain in the source to protect the beneficial use of water.
14. Section 5937 of the California Fish and Game Code requires that sufficient water is released at all times to keep fish in good condition. Section 782, CCR, Title 23, is consistent with Fish and Game Code 5937.
15. The applicant currently diverts water from Panther Creek to an existing 23 AF reservoir. The water is used for snowmaking and for irrigation. The applicant seeks to obtain an appropriative right for the existing diversion and two proposed diversions, as well as the existing reservoir and a 37 AF reservoir yet to be constructed.
It appears the applicant has been diverting water from Panther Creek to the existing reservoir without a valid water right. In the event the applicant does not have a valid water right to divert and store water from Panther Creek, the SWRCB should take enforcement action against the illegal diversion pursuant to Section 1052 of the California Water Code. And also the SWRCB should require the applicant to cease diverting the state's water until the applicant has a valid water right permit.
16. The applicant should be required to install and maintain measuring devices below all points of diversion, including measuring the water used and stored.
17. This protest is based on all applicable state and federal law and regulations.
18. The CSPA, as a protestant to Application 30562, request a copy of the proposed CEQA documents for its review and comment.
19. The CSPA will not withdraw and dismiss its protest at this time.
Respectfully Submitted
_________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 916-836-1115 or 916-283-1007; Faxes: 916-283-5017 or 916-283-4999
April 18, 1997
Service List
Jerry Johns, Asst. Chief
Hugh Smith
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Street, Suite D
Woodland, CA 95695
Marty Seldon, Director
NCCFFF
1146 Pulora Court
Sunnyvale, CA 94087-2312
Directors, NCCFFF
c/o Charles Bucaria, Conservation Chairman
NCCFFF
7441 Center Parkway
Sacramento, CA 95823
Harold Patterson, President
NCCFFF
728 Gull Avenue
Foster City, CA 94404
Wintun Development Company
104 Siskiyou Abenue
Mt. Shasta, CA 96067
Interested Parties