CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
P.O. BOX 357
QUINCY, CALIFORNIA 95971
Mr. Ed Dito, Program Manager, Chief January 10, 1996
Application and Petition Section
Division of Water Rights
State Water Resources Control Board
P.O. Box 2000
Sacramento, CA 95812-2000
Re: McCoy Creek and Glenn Annie Creek; Water Right Permit 20041; Application 26813; Santa Barbara County; Ed Dito of the Division of Water Rights Denial of Public Information Request by the California Sportfishing Protection Alliance and the Santa Barbara Urban Creeks Council
Dear Chief Dito:
This is in response to your denial of public information and data regarding the Public Information Act Request of the California Sportfishing Protection Alliance (CSPA) and the Santa Barbara Urban Creeks Council (SBUCC) of November 11, 1996, regarding the above mentioned change petition matter.
When a public information request is made by the public to state agencies, that agency is required by state law to provide that information and data to the party requesting the information and data. Your letter of December 17, 1996, circumvented the public information process intentionally and deliberately.
Your letter of December 17, 1996, denied the CSPA and SBUCC with the information and data we requested on November 11, 1996, and consequently violated state law (Public Information Act). Also, your letter of December 17, 1996, lectured Mr. Jim Crenshaw (CSPA), Mr. Brian Trautwein (SBUCC), and me, and gave the CSPA and the SBUCC a solemn scolding regarding the process.
We believe your response of December 17, 1996, was a violation of "Equal Protection Rights" and "Procedural Due Process Rights" of the CSPA and the SBUCC.
In the joint CSPA and SBUCC letter of November 11, 1996, we raised serious pertinent questions. We also requested relief from you and the Division. Your letter of December 17, 1996, avoided answering our questions, and also your letter did not provide any relief as requested. All we received from you was a lecture.
Unless I am mistaken, you work for state government to serve the people of the State of California. As hard as this may seem to you, the CSPA and the SBUCC represent some of the people of the State of California. I believe you have a duty to serve all of the people and not to violate state law in preventing the public from obtaining pertinent information and data related to the change petition in the above mentioned water right matter and other water right matters.
It is our understanding that it is the intent of the Division of Water Rights to deny the CSPA information and data, including denying protests and complaints filed by the CSPA on environmental grounds on all matters pertaining to water rights in the State of California. Rest assured, you and the Division's staff may attempt to do exactly that, but we will continue to take procedural actions and other actions with the Division and the State Water Board so that public trust resources are protected and restored, and also, so that Equal Protection Rights are honored by you and other administrators of the Division of Water Rights.
We are again requesting that you specifically respond in writing to our public information request of November 11, 1996. The Public Resources Code requires that state agencies respond within 10 days, which was not the case when you responded to our public information request of November 11, 1996. You were late by about four weeks.
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 or 916-283-4999
cc: Walt Pettit, Executive Director
State Water Resources Control Board
P.O. Box 100
Sacramento, CA 95812-0100
Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695
Brian Trautwein, Executive Director
Santa Barbara Urban Creeks Council
5771 Leeds Lane
Goleta, CA 93117
Craig Fusano, California Trout
121 Gray Avenue, Suite 205A
Santa Barbara, CA 93101
Jim Edmondson, Executive Director
California Trout
9770 Sombra Terrace
Shadow Hills, CA 91040
Richard Roos-Collins, Esquire
Natural Heritage Institute
114 Sansome Street, Suite 1200
San Francisco, CA 94104
Bill Jennings, Chairman
California Sportfishing Protection Alliance
Delta Keeper
3536 Rainier Avenue
Stockton, CA 95204
Mike Jackson, Esquire
California Sportfishing Protection Alliance
P.O. Drawer 207
Quincy, CA 95971
Mike Mumford, Board Member
California Sportfishing Protection Alliance
2137 Richmond Road
Ridgecrest, CA 93555
Ray Cole, Board Member
California Sportfishing Protection Alliance
2874 Calariva Drive
Stockton, CA 95204
Dr. Roy Thomas, Board Member
California Sportfishing Protection Alliance
26535 Carmel Rancho Blvd.
Carmel, CA 93923
Lorna Carriveau, Board Member
California Sportfishing Protection Alliance
801 Brookside Drive
Woodland, CA 95695
Richard Izmirian, Board Member
California Sportfishing Protection Alliance
2215 Eaton Avenue
San Carlos, CA 94070
Bill Bricca, Esquire, Board Member
California Sportfishing Protection Alliance
P.O. Box 159
Ross, CA 94957
David Heaslett, Esquire, Board Member
California Sportfishing Protection Alliance
#6 Graeagle Village Center
P.O. Box 20156
Graeagle, CA 96103
Stephanie Reavesdail, Board Member
California Sportfishing Protection Alliance
10760 Woodbine Street, #2
Los Angeles, CA 90034
Mark Landre. Board Member
California Sportfishing Protection Alliance
14504 Neargrove
LaMirada, CA 90638
Tom Gregory, Board Member
California Sportfishing Protection Alliance
P.O. Box 823
Loyalton, CA 96118
Chuck Bucaria, Conservation Chairman
NCCFFF
7441 Center Parkway
Sacramento, CA 95825
Felix Smith, Public Trust Advocate
U.S. Fish and Wildlife Service, Retired
4720 Talus Way
Carmichael, CA 95608
Mike Falkenstein, Chief
Steve Herrera, Supervisor
Roos Swenerton
Jim Canaday
Bruce Fodge
Frank Roddy
Environmental Unit
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Interested Parties (Numerous)
Attachment