Mr. Edward Anton, Chief September 21, 1991

Division of Water Rights

State Water Resources Control Board

P.O. Box 2000

Sacramento, CA 95812-2000

Re: Navarro River; Water Rights Applications; Cumulative Impacts to Salmon and Steelhead Trout Resources.

Dear Mr. Anton:

There are a number of water right applications pending before the State Board which collectively will have potential adverse cumulative impacts on salmon, steelhead trout, aquatic resources, riparian habitat and wildlife resources. Some of the water right application are: (1) Peter Bradford (Application No. 29635), (2) Scharffenberger Cellars (Application Nos. 29679 and 29680, (3) Mendocino Winery (Application Nos. 29868, 29869, 29870), (4) Richard Savoy (Application Nos. 29910 and 29911), and others.

Salmon, steelhead trout, aquatic resources, riparian habitat and wildlife resources are public trust assets. The State Board is required to protect public trust assets. The importance of salmon and steelhead resources to the people of the State has been clearly affirmed by the California Governor, Legislature, Resources Agency, and the Fish and Game Commission. Salmon and steelhead are recognized as valuable resources which have specific environmental requirements and limited range. In view of the losses these species have experienced, and their value to the State, the Salmon, Steelhead and Anadromous Fisheries Program Act was enacted in 1988. This Act is embodied in California Fish and Game Code Section 6900 et seq.

The California Resources Agency has developed a set of long range goals to aid in the restoration of salmon and steelhead trout resources and habitat. These goals include increasing salmon and steelhead spawning populations by 300,000 fish, increasing the fishery catch by 600,000 fish, and reestablishing 500 miles of historic spawning and nursery areas. Section 6900 et seq. states that it is the policy of the State to significantly increase the natural production of salmon and steelhead trout by the end of this century.

As stated beforehand, all of the pending water right applications, including existing diversions have the potential to caused adverse cumulative impacts to the salmon and steelhead trout resources of the Navarro River.

Section 5937 of the California Fish and Game Code requires all dam owners to release sufficient amounts of water at all times to keep in good condition fish that exist or are planted. Water for fish is the beneficial use of the state's water. Fish are the property of the people of the State of California, and fishery resources are public trust assets.

We are requesting the State Board to prepare, or have prepared, a cumulative impact assessment of the potential cumulative impacts to the salmon and steelhead resources from the proposed water right applications and existing diversions on the Navarro River. We believe the State Board should assess the cumulative impacts in the entire Navarro River watershed. We are further requesting the CSPA be accepted as a protestant on the above mentioned water right applications, and any other water right application on the river.

A written response would be appreciated. Thank you.

Respectfully Submitted

________________________________________

Robert J. Baiocchi, Executive Director, CSPA

P.O. Box 357

Quincy, CA 95971

Office Tel: 916-283-3767

cc: Mr. Jim Crenshaw, President, CSPA

Mr. Mike Jackson, Counsel, CSPA

Mr. David Ford, Conservation Chairman

Northern California Council FFF

California Salmon, Steelhead, and Trout Restoration Federation

Arcata, California

Mr. John Turner, Chief, Environmental Services

Department of Fish and Game

Mr. Wayne White, Supervisor

U.S. Fish and Wildlife Service

Mr. Bruce Fodge, Environmental Unit

Division of Water Rights

Interested Parties