CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
P.O. BOX 357
QUINCY, CALIFORNIA 95971
Mr. Jim Crenshaw, President January 7, 1997
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695
Mr. Brian Trautwein, Executive Director
Santa Barbara Urban Creeks Council
5771 Leeds Lane
Goleta, CA 93117
Re: McCoy Creek and Glenn Annie Creek; Santa Barbara County; Water Right Permit 20041, Application 26813; Public Information Request of November 12, 1996 by the California Sportfishing Protection Alliance and Santa Barbara Urban Creeks Council
Dear Gentlemen:
Please find enclosed a letter dated December 17, 1996, from Mr. Ed Dito of the Division of Water Rights regarding the joint CSPA/SBUCC submittal of November 11, 1996. Mr. Charles Rich of the Division of Water Rights is involved in this matter. Mr. Brian Trautwein did receive a copy of this submittal.
In the joint CSPA/SBUCC submittal of November 11, 1996, we raised many questions, and also requested relief from Mr. Ed Dito of the Division of Water Rights.
In Mr. Dito's letter of December 17, 1996, he did not answer the joint CSPA and SBUCC questions nor did he respond to the relief requested by the CSPA and the SBUCC. In my view, Mr. Dito provided a lecture and a solemn scolding to the CSPA and the SBUCC.
I plan on responding to Mr. Dito's solemn scolding of the CSPA and SBUCC and our joint questions and relief requested of November 11, 1996.
The following comments should be of interest to the both of you.
The joint CSPA and SBUCC Public Information Request was made on November 11, 1996. Mr. Dito's response to the joint letter is dated December 18, 1996. Under the Public Resources Code, public agencies are required to respond within 10 days.
Within a week, this is the second Public Information Request made by the CSPA and denied by the Division of Water Rights. i.e. Carmel River; Board Order 95-10.
Consultation with the staff of the Division of Water Rights indicates that the administrators of the Division of Water Rights plan to deny CSPA protests and complaints filed with the Division on environmental grounds.
Denial of public information and data, and the denial of protests and complaints on environmental grounds by the Division of Water Rights is a violation of "Equal Protection Rights" and "Procedural Due Process Rights". That is not my opinion. I obtained that opinion from two attorneys.
Mr. Dito requested that I travel to Sacramento and review the Division files. A round trip from my offices to Sacramento is about seven hours or more without road closures. The recent storm has caused road closures on Highway 70. Should Brian Trautwein have to travel to Sacramento to obtain the material, that would probably be about a 16 hour round trip. In my view that is highly unreasonable.
In his lecture to the CSPA and the SBUCC, Mr. Dito stated that "if you wish to submit a protest against the petition, you need to provide additional factual information, in writing, that clearly demonstrates that approval of the petition would have adverse environmental impacts and/or would impact prior rights". (My Emphasis)
This is standard environmental abuse language by the staff of the Division. While on one hand the Division does not require petitioners to conduct scientific studies to determine mandatory minimum daily flow requirements and other environmental protection measures, the Division requires public interest organizations such as the CSPA and the SBUCC to conduct the studies and submit the information to them.
Bob Baiocchi of the CSPA did not receive "one" telephone call from Mr. Dito or Mr. Rich prior to, and after, the Dito letter of December 18, 1996. This is standard operating procedure with the administrators of the Division when they deal with the public over environmental protests, complaints, and environmental issues.
As you both recall, Mr. Charles Rich of the Division of Water Rights took this same approach with the CSPA and SBUCC recently concerning a similar issue on Gato Creek in Santa Barbara County. Fortunately, we provided Mr. Rich with factual development information that the petitioner's agent did not provide him. I have not received "one" telephone call from Mr. Rich regarding that issue.
I am providing a copy of this letter to Walt Pettit, Executive Director, SWRCB. When Mr. Pettit was Chief of the Division, the CSPA was treated fairly and reasonably.
Please talk to your board members and other interested parties and advise me regarding the next step in dealing with the administrators of the Division of Water Rights.
I can be reached day or night at 916-836-1115.
Respectfully Submitted
______________________________________________
Bob Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
cc: Walt Pettit, Executive Director
State Water Resources Control Board
P.O. Box 100
Sacramento, CA 95812-0100
Ray Cole, Treasurer
California Sportfishing Protection Alliance
2874 Calariva Drive
Stockton, CA 95204
Mike Jackson, Esquire
P.O. Drawer 207
Quincy, CA 95971
Bill Jennings, Chairman
California Sportfishing Protection Alliance
Delta Keeper
3536 Rainier Avenue
Stockton, CA 95204
Interested Parties
Attachment